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Urban Development Projects through the Advanced Provision of Raw Land

  • Public Land Law Review
  • Abbr : KPLLR
  • 2012, 59(), pp.111-136
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Kim,Jong Ha 1

1목원대학교

Accredited

ABSTRACT

Advanced provision of raw land was introduced for nature-friendly urban development. However, in the process of operating the system, it is being transformed into a private investment facilitator. Although attracting private creativity and investment into urban development is agreeable in principle, an institutionalized complementary device that can secure the public interest of the relevant project is required. Accordingly, this study looks into the original intent of raw land development by reviewing how the system of advanced provision and development of law land was introduced, and compares and investigates relevant regulations and cases of advanced provision of raw land that are currently stipulated in each individual law. Based on this investigation, the study presents the problems of advanced provision of raw land and first-priority tasks. First, the definition, purpose, and provision procedures of the advanced provision of raw land should be clearly stipulated in relevant laws. In addition, relevant projects must undergo a deliberation procedure confirming the necessity of advanced provision of raw land. Second, Each relevant law should propose the upper limit of scale that can be provided as raw land. Third, along with the arrangement of an institutionalized device that assures the continuity of the purpose of raw land development, a device for the restitution of development gain must be arranged simultaneously. In addition, when excess development gain is generated, measures are required to use such gains towards facilitating infrastructure in the relevant area. Fourth, estimation standard for the provision price of raw lands must be stipulated in relevant laws, and the method of estimation must be specified in detail in enforcement ordinance. Even though discretion of project implementers is acknowledged to some extent, it is necessary to stipulate the standard and method of estimating the provision price of raw lands in relevant laws and enforcement ordinance. Fifth, disciplinary measures must be stipulated with respect to cases of raw land developers neglecting their duties. In addition, legal grounds to claim compensation for damages in case of need should must be stipulated so as to prevent occurrences of developers merely enjoying their rights and neglecting their obligations. By resolving the aforementioned first-priority tasks, institutional base must be constructed in order to accomplish the original purpose of the advanced provision of raw land, that is the pursuit of public interest, while preventing the misuse of the system as means of revenue generation for private companies or developers.

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