@article{ART001030037},
author={Woonsan Kang},
title={A study on Legal Principles of the Regulatory taking in the U.S. Constitution},
journal={Public Land Law Review},
issn={1226-251X},
year={2006},
volume={31},
pages={59-98}
TY - JOUR
AU - Woonsan Kang
TI - A study on Legal Principles of the Regulatory taking in the U.S. Constitution
JO - Public Land Law Review
PY - 2006
VL - 31
IS - null
PB - Korean Public Land Law Association
SP - 59
EP - 98
SN - 1226-251X
AB - In Korea, there are lots of laws for strictly regulating land use because of narrow land and large population. Among them, we can find a lot of laws without any compensation rules, just causing 'special loss' to the land owners. Nevertheless, the academic circles and judicial precedents haven't established the standards of regulations subject to the right regulations and compensation yet.As for the U.S.A in this study, by the early years of the 20th century the land use regulations based on the police power and the eminent domain were strictly distinguished, and the legal principles of judicial precedents were established: the former aimed at harm-preventing, and the latter at benefit-conferring. However, in the judicial decision of Mahon(Pennsylvania Coal Co., v. Mahon, 260 U.S.393), Justice Holmes declared "Regulations are permitted to a degree, but they can be judged as taking in case they go far, and afterwards, the legal principles which demand the establishment of taking and just compensation in the range of land use regulations. But, in the matter of establishing the test of what land use regulations account for regulatory taking, the Supreme Court is still developing dynamic and refined judicial decision.
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Woonsan Kang. (2006). A study on Legal Principles of the Regulatory taking in the U.S. Constitution. Public Land Law Review, 31, 59-98.
Woonsan Kang. 2006, "A study on Legal Principles of the Regulatory taking in the U.S. Constitution", Public Land Law Review, vol.31, pp.59-98.
Woonsan Kang "A study on Legal Principles of the Regulatory taking in the U.S. Constitution" Public Land Law Review 31 pp.59-98 (2006) : 59.
Woonsan Kang. A study on Legal Principles of the Regulatory taking in the U.S. Constitution. 2006; 31 59-98.
Woonsan Kang. "A study on Legal Principles of the Regulatory taking in the U.S. Constitution" Public Land Law Review 31(2006) : 59-98.
Woonsan Kang. A study on Legal Principles of the Regulatory taking in the U.S. Constitution. Public Land Law Review, 31, 59-98.
Woonsan Kang. A study on Legal Principles of the Regulatory taking in the U.S. Constitution. Public Land Law Review. 2006; 31 59-98.
Woonsan Kang. A study on Legal Principles of the Regulatory taking in the U.S. Constitution. 2006; 31 59-98.
Woonsan Kang. "A study on Legal Principles of the Regulatory taking in the U.S. Constitution" Public Land Law Review 31(2006) : 59-98.
