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A Study on the Land Purchase Proceeding andPrinciples of Law Compensation in Water SourceManagement Site

  • Public Land Law Review
  • Abbr : KPLLR
  • 2004, 21(), pp.423-444
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Jang Kyo-Sik 1

1건국대학교

Accredited

ABSTRACT

Nowadays management of water resources is most important in environmental problems because it is related to an essential aspect of life. Under our legal system, water resources are managed and protected from constitutional law to relevant statutes. Purchase and control of land in the management area of water resources may be an efficient and ultimate solution for improving the quality of water. This system may breach private property rights, so that legislative measures should be properly prepared in response to the breach of property rightsIn this connection, the waterside area for the management of the quality of water is designated under the relevant statute, and certain actions are prohibited in the waterside area. In addition, people who own land or facilities on the land in water source management site of water system of the Han River have a right to claim land purchase against government. However, several problems of land purchase procedure in the water source management site have been revealed. Because of inefficient and complex land purchase proceeding, land purchase is often delayed. Therefore, summary land purchase proceeding should be introduced in order to preserve the quality of water. In addition, the period of the land purchase proceeding should be shortened reasonably. In the long term, systematic plans for land purchase should be made and sufficient budgets should be acquired. In particular, legal system in regard to compensation changed in 2003. Therefore, the guidelines and principles of compensation regarding land purchase in the water source management site should be prepared promptly.

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