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A Study on Compensation for a Restricted Land Property Right from Land Development Project

  • Public Land Law Review
  • Abbr : KPLLR
  • 2005, 26(), pp.121-147
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Eum Soo-Won 1

1전주대학교

Accredited

ABSTRACT

Land development project accompanies land acquisition and brings about restriction to the right of land property. Public restriction to the exclusive ownership and use of land is necessary because of physical characteristics of land resources such as limitedness and irreversibility. This is why sociality and publicness of land become important. The constitution guarantees the regulation for the property right of land and stipulates the clause including regulation on the right of land property for the public use simultaneously. But the constitution also provides that legitimate compensation should be made in case of compulsory land purchase and public restriction to the right of property. For the purpose of constitutional spirit, “the law of land acquisition and compensation for public use” has been in force. But it involves a lot of problems in many respects. This study understands the theoretical basis for the infringement of right of land property and analyze the operative situation and problem in the respects of legal institution. This study also focus on the suggestion of improvement for the current institution. The policy suggestion is as follows : the enhancement of reality of concept of the legitimate compensation which is stipulated in the constitution, the realization of standardized lot price for public notification which is standard price for the compensation for condemnation, the clarification of period of claim for damage, the adherence to the principle that relocation program should precede the compensation, the measures for the community restoration and social integration, the cultivation of professional compensation institution, the diversification of measures for compensation, the strengthening of protection regulation for the lessee, the support for resettlement and relocation.

Citation status

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