@article{ART002851007},
author={Namchul Chung},
title={Land Use Restriction under Special Act on Public Housing and Infringement of Property Rights},
journal={Korea Real Estate Review},
issn={2092-5395},
year={2022},
volume={32},
number={2},
pages={7-20},
doi={10.35136/krer.32.2.1}
TY - JOUR
AU - Namchul Chung
TI - Land Use Restriction under Special Act on Public Housing and Infringement of Property Rights
JO - Korea Real Estate Review
PY - 2022
VL - 32
IS - 2
PB - korea real estate research institute
SP - 7
EP - 20
SN - 2092-5395
AB - Land use restrictions under the Special Act on Public Housing severely limit private property rights. Under the Special Act on Public Housing, land use restrictions are being imposed by designating public housing districts, designating special management areas, and re-designating public housing districts. In particular, after the special management area is lifted, re-designating the land as a public housing district cannot be permitted without any legal basis. Permitting this re-designation is a serious violation of the property rights of landowners and others in the public housing district and violates the rule of law. In addition, designating a public housing district again after the cancellation of the special management area effectively deprives or severely limits the private property rights of the land owner and others. Even if the re-designation of public housing districts is viewed as a regulation of property rights or social binding of property rights, it significantly infringes the property rights of landowners in the public housing district and violates the principle of proportionality. The requirements for the designation of a special management area as an “area of concern for poor development” should be specifically and clearly defined. If other land use restrictions under the Special Act on Public Housing infringe property rights, reasonable compensation provisions, including the right to claim purchases, should be prepared.
KW - Special Act on Public Housing;Public Housing District;Special Management District;Land Use Restrictions;Compensation
DO - 10.35136/krer.32.2.1
ER -
Namchul Chung. (2022). Land Use Restriction under Special Act on Public Housing and Infringement of Property Rights. Korea Real Estate Review, 32(2), 7-20.
Namchul Chung. 2022, "Land Use Restriction under Special Act on Public Housing and Infringement of Property Rights", Korea Real Estate Review, vol.32, no.2 pp.7-20. Available from: doi:10.35136/krer.32.2.1
Namchul Chung "Land Use Restriction under Special Act on Public Housing and Infringement of Property Rights" Korea Real Estate Review 32.2 pp.7-20 (2022) : 7.
Namchul Chung. Land Use Restriction under Special Act on Public Housing and Infringement of Property Rights. 2022; 32(2), 7-20. Available from: doi:10.35136/krer.32.2.1
Namchul Chung. "Land Use Restriction under Special Act on Public Housing and Infringement of Property Rights" Korea Real Estate Review 32, no.2 (2022) : 7-20.doi: 10.35136/krer.32.2.1
Namchul Chung. Land Use Restriction under Special Act on Public Housing and Infringement of Property Rights. Korea Real Estate Review, 32(2), 7-20. doi: 10.35136/krer.32.2.1
Namchul Chung. Land Use Restriction under Special Act on Public Housing and Infringement of Property Rights. Korea Real Estate Review. 2022; 32(2) 7-20. doi: 10.35136/krer.32.2.1
Namchul Chung. Land Use Restriction under Special Act on Public Housing and Infringement of Property Rights. 2022; 32(2), 7-20. Available from: doi:10.35136/krer.32.2.1
Namchul Chung. "Land Use Restriction under Special Act on Public Housing and Infringement of Property Rights" Korea Real Estate Review 32, no.2 (2022) : 7-20.doi: 10.35136/krer.32.2.1
