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Just Compensation for Right-of-Way in U.S.

  • Public Land Law Review
  • Abbr : KPLLR
  • 2011, 55(), pp.187-212
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

김성배 1

1대구대학교

Accredited

ABSTRACT

The electric power industry is one of the most heavily regulated industries in the United States. the federal government and the fifty state governments exercise oversight in virtually every aspect of electric power generation, transmission and distribution, forming a web of regulation. Local government, however, exercise zoning power. Therefore, to understand mechanism of just compensation for Right-of-way, it is needed to pay attention not only federal cases but also state cases. The courts have applied the concept of fair market value to determine the value of the property being acquired. Compare to Korean compensation process, there are democratic involvement such as using jury system in decision of property value, developed intensive evidence collecting process and examination of expert witnesses. Furthermore, Rational negotiation between land owner and power company has developed because of burden of jury system and legal cost. Some states have modified common law rule through new statues and regulation.

Citation status

* References for papers published after 2022 are currently being built.