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Eminent Domain and compensation of Transmission and substation equipment in the UK - Focused on the Underground Transmission Line -

  • Public Land Law Review
  • Abbr : KPLLR
  • 2017, 80(), pp.85-111
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

LEE SOONJA 1

1고려대학교

Accredited

ABSTRACT

In Britain, it has become mandatory to lay electricity transmission and distribution lines under the ground with the lack of space in the city, safety issues, and the protection of gas companies. In accordance with the Electricity Act 1989, the installers of the transmission and substation facilities have a legal obligation to preserve cultural heritage when developing electric power lines or performing other tasks related to transmission facilities. Consequently, the underground burial rate of electricity transmission lines in London, England, is 100%. The installation procedure of the underground transmission line gets started by submitting the underground transmission line installation plan to the planning team in accordance with the "Planning Act", and submitting the recommendation to the Director of the Energy Climate Change Bureau after six months of review by various stakeholders. After the approval of the Secretary of State, an underground transmission line can be installed. Acquisition of land for transmission and substation facilities is mostly structured to acquire public land through consultation, but to execute the confirmed order of enforced acquisition from a relevant minister depending on the "Land Acquisition Act" if no agreement has been reached. Land compensation related to the underground requires that all the people concerned with the land are identified and consulted in accordance with the Planning Act 2008. In principle, the criteria for calculating the amount of compensation for land acquisition (permanent or temporary) should be built on market value and then the settlement should be done on an individual basis. However, if a settlement can not be reached, or there is a legal dispute about the compensation, it is required to be referred to the Land Tribunal. In addition, the UK has an incentive payment system to accelerate the contract of easement and a reimbursement system for continuous use. In this way, by examining the examples of laws and policies related to the underground transmission line such as land acceptance, land use, land compensation, etc. in the UK, which has a high share of the underground transmission line installation, this study will give implications for the increase of the underground transmission lines installation in the future in Korea.

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