본문 바로가기
  • Home

A Study on the Remedy for Private Property Rights in Uncompensated Land

  • Korea Real Estate Review
  • 2013, 23(2), pp.281-299
  • Publisher : korea real estate research institute
  • Research Area : Social Science > Law > Law of Special Parts > Law of Real Estate

Sungkyu Park 1

1(재)한국부동산연구원

Accredited

ABSTRACT

The purpose of this study is to show empirically that appraisal principles provided by law to remedy private property rights of uncompensated landowners lead to inefficient outcomes because the principles are not in conformance with the incentives of public institutions. The study also aims to demonstrate that the appraisal standards established to enforce the appraisal principles are disjunct from reality and therefore are not properly observed. A brief review of uncompensated land concepts and occurrences by types will be followed by a look at changes in legal appraisal principles regarding uncompensated land and remedies for rights of relevant property owners. It will then go on to show that current appraisal principles established to favor public institutions distort condemnor (government, etc.) incentives and bring about inefficiency. In its place, to make improvements upon such inefficiency, the study proposes new type of appraisal principles that protect landowner’s rights more positively. To do this, the study uses appraisal data to prove empirically that the standards (past land use) for enforcing current appraisal principles are not in harmony with reality and that this disharmony only increases the possibility of uncertainties and errors confirming justification for new appraisal principles. With changed and enhanced thinking of people’s rights, it is noted that legal professions and policy-makers need to give careful considerations to infringements of private property rights that have been long overlooked.

Citation status

* References for papers published after 2023 are currently being built.