@article{ART001687423},
author={In-Sun Seok},
title={a Study on the constitutionality of private takings for economic development - focused on the analysis of the U.S. Supreme Court's decisions -},
journal={Public Land Law Review},
issn={1226-251X},
year={2012},
volume={58},
pages={197-220},
doi={}
TY - JOUR
AU - In-Sun Seok
TI - a Study on the constitutionality of private takings for economic development - focused on the analysis of the U.S. Supreme Court's decisions -
JO - Public Land Law Review
PY - 2012
VL - 58
IS - null
PB - Korean Public Land Law Association
SP - 197
EP - 220
SN - 1226-251X
AB - The Fifth Amendment to the United States Constitution(hereinafter “Taking Clause”) prescribes “Nor shall private property be taken for pubic use, without just compensation”, meanwhile the Korean Constitution section 23(3) provides it. Both of the provisions have similar meanings in spite of trivial differences on the forms. Recently, the statutes which government delegates the eminent domain authority to private entities are increasing more and more, especially for economic development including urban redevelopment. The Korean Constitutional Court ruled private takings for individual complex project constitutional takings in 2007 Hunba 114 (2009).
The question of whether the statute that provides delegation of the power of eminent domain to private entities is constitutional depends on whether the purpose of takings comes under ‘public use’ or not. Since the middle 20th century, the Supreme Court has ruled the concept of the public use with a broad sense.
This article examines whether the use of eminent domain to transfer property from one private party to another for economic development can satisfy the public use requirement of eminent domain. In this article, Part Ⅰ raises the need to preview the subject and PartⅡ deals with the unfolded debates about meaning of the Taking Clause. In Part Ⅲ, I analyze and examine the cases of state Supreme Court and federal Supreme Court involved takings for economic development. Looking over the legal reactions in states and federal government after Kelo case in Part Ⅳ, I synthetically consider debates on whether private taking for economic development is constitutional in Part Ⅴ. Finally, I suggest that the legal and institutional safeguards are needed to protect property right from overreaching private takings and that it is necessary for us to give a full heed to American experience in the process of eminent domain and to conduct in pursuit of balancing between protecting the property right and promoting the public interest.
KW - 수용조항(Taking Clause);토지수용권(Eminent Domain);공적 사용(Public Use);사적 수용(Private Takings);경제개발(Economic Development)
DO -
ER -
In-Sun Seok. (2012). a Study on the constitutionality of private takings for economic development - focused on the analysis of the U.S. Supreme Court's decisions -. Public Land Law Review, 58, 197-220.
In-Sun Seok. 2012, "a Study on the constitutionality of private takings for economic development - focused on the analysis of the U.S. Supreme Court's decisions -", Public Land Law Review, vol.58, pp.197-220. Available from: doi:
In-Sun Seok "a Study on the constitutionality of private takings for economic development - focused on the analysis of the U.S. Supreme Court's decisions -" Public Land Law Review 58 pp.197-220 (2012) : 197.
In-Sun Seok. a Study on the constitutionality of private takings for economic development - focused on the analysis of the U.S. Supreme Court's decisions -. 2012; 58 197-220. Available from: doi:
In-Sun Seok. "a Study on the constitutionality of private takings for economic development - focused on the analysis of the U.S. Supreme Court's decisions -" Public Land Law Review 58(2012) : 197-220.doi:
In-Sun Seok. a Study on the constitutionality of private takings for economic development - focused on the analysis of the U.S. Supreme Court's decisions -. Public Land Law Review, 58, 197-220. doi:
In-Sun Seok. a Study on the constitutionality of private takings for economic development - focused on the analysis of the U.S. Supreme Court's decisions -. Public Land Law Review. 2012; 58 197-220. doi:
In-Sun Seok. a Study on the constitutionality of private takings for economic development - focused on the analysis of the U.S. Supreme Court's decisions -. 2012; 58 197-220. Available from: doi:
In-Sun Seok. "a Study on the constitutionality of private takings for economic development - focused on the analysis of the U.S. Supreme Court's decisions -" Public Land Law Review 58(2012) : 197-220.doi:
