본문 바로가기
  • Home

Property Right and Regulation: Focusing on Greenbelt Regulation

  • Korea Real Estate Review
  • 2016, 26(4), pp.109-129
  • Publisher : korea real estate research institute
  • Research Area : Social Science > Law > Law of Special Parts > Law of Real Estate
  • Published : December 31, 2016

KIM, IL-JOONG 1 이호준 2

1성균관대학교
2한국개발연구원

Accredited

ABSTRACT

This paper tries to answer the question of whether a regulation requires compensation to the regulated. We examined the weakness of previous economic models on this issue and suggested a new formula and scrutiny process to determine whether to compensate or not by synthesizing the theories of Michelman(1967) and Epstein(1985). The suggested formula with the six-step scrutiny utilizes an extended concept of efficiency which encompasses the conventional norms of fairness. We think the formula is more useful and workable in practice, specially at courts than the previous models. We finally tested the workability of the formula with the case study on the Green Belt regulation of Korea, and we showed that the strongest land regulation requires compensation to the regulated.

Citation status

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