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The Legal Analysis of Land Use Regulation System in the U.S -Focusing on the Authority of Federal, State, and Local Government-

  • Korea Real Estate Review
  • 2014, 24(3), pp.87-101
  • Publisher : korea real estate research institute
  • Research Area : Social Science > Law > Law of Special Parts > Law of Real Estate

Seungjong Kim 1

1국토연구원

Accredited

ABSTRACT

With historical approach to the role and authority of federal, state, and local governments in the land use regulation system, this research aims to understand the land use zoning in the U.S and to suggest implications to Korea. It focused on the detailed introduction of federal and North Carolina and Illinois laws which are related to land use regulation. Korea has regulated land use under the zoning system of the U.S. However, the regulation authority has been concentrated on the central government as ever in Korea. Although it is difficult to directly compare Korea with the U.S, a federal county, it shows us important implications that the U.S has distributed and changed the authority and role of each government from federal government to local government in the land use control. Accordingly, it is necessary that Korea review the authority distribution of land use regulation between central government and local government considering the case of the U.S as follows: first the restoration of local government’s authority to control land use, second the positive action of central government to the environmental problems including climate changes, third the change of land use control to the qualitative management.

Citation status

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