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The Residual Land Depreciation in terms of Just Compensation

  • Korea Real Estate Review
  • 2016, 26(1), pp.31-46
  • Publisher : korea real estate research institute
  • Research Area : Social Science > Law > Law of Special Parts > Law of Real Estate
  • Published : March 31, 2016

강선호 1 Yu, Jung Suk 1

1단국대학교

Accredited

ABSTRACT

This study dealt with the residual land depreciation by current land compensation law in terms of just compensation. First, I recognize the requirements of the residual land compensation by the current land compensation law. I suggest ‘the same land owner’ should be judged in terms of practical use and ‘usage’ should be judged in terms of the highest and best use. In addition, ‘the scope of depreciation’ must include not only direct loss but also indirect loss. I show the two appraisal method of residual land depreciation called ‘Before-after comparison method’ and ‘Individual summation method'. The analytical results present that there is no difference between two methods. The main controversial matters of residual land depreciation 'the value basis point' is more appropriate consultation time than the time of land taken. In addition, depreciation loss claims procedure is independent with expanding rewards and cost of construction compensation. In the situation of discussed inactive for residual land depreciation, this study presents the real examples it leads to more active discussion.

Citation status

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