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A Study on the Compensation Standard for the Airspace

  • Public Land Law Review
  • Abbr : KPLLR
  • 2013, 61(), pp.39-60
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

LEE SANG HOON 1

1명지전문대학

Accredited

ABSTRACT

As the use of electricity increases continuously with the development of industry and the acceleration of city, the construction for a power plant, an electric power substation, etc. has also increased, so the installation of a high-voltage transmission lines that connects the power plant to the consumer has become necessary. In the process of setting up the land under the lines, the problem has come up as the dispute arise between a land owner and an electric operator. The land under the lines that the high-voltage transmission line passes through in the air space mainly causes the marked reduction of land value which comes from the restriction on the construction act, the default caused by the setting up of divided superficies on a certified copy of the register, the application of the underestimated hindrance rate for the three dimensional use, the repulsion physically and psychologically affected by the high-voltage transmission line and the lose of expected future profit, etc. to the land owner or other surrounding area residents For the reduction factor of the land under the lines and its negative factors, I suggest the several measures such as complementing the three dimensional utilization with the additional correction rate, considering the fairness between the land under the lines and the excluded surrounding area close to the land under the lines, and solving the civil compliment through the resonable support project. Furthermore, I examine the appropriate measures to distribute the development interest by introducing the TDR in order to avoid the public law restricted on the air space and the demage from such restriction. Two ways promoted by Seoul city in the TDR are the combined development method which two areas develop together by giving and taking the floor area ratio and the transition-acquisition method which develops by selling and buying the TDR each other. Therefore, I here attempt to examine the appropriate compensation standard for the use of air space in several ways, so that I can propose some resonable methods on the compensation standard for the use of air space to reduce any demage caused by the land under the lines in this research.

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