2011The Journal of the Korea institute of electronic communication sciencesRequires access

An Analysis on the Actual Condition of Land Expropriation System of Local Governments and Its Improvement Plan

Hyeong-Geun Kim, Boo‐Sung Kim, Dong-Jin Lim, Donghyun Kim

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Abstract

This thesis is intended for addressing issues of the local expropriation committee system by drawing the policy suggestion through theoretical considerations on the land expropriation system of the UK and of the US, and for finding a plan to improve the system by focusing on the examples of land expropriation of local governments. The US' Takings utilize a public hearing and the jury system. When property is expropriated through eminent domain, stakeholders and citizens share the necessity of the expropriation and its awareness through a public hearing, and project institutes (administrative organizations) file a lawsuit to a law court to exercise takings. In the case of Compulsory Purchase in the UK, the system should be based on laws established by the Parliament, and the resolution to use CPO is also decided by district councils. So the system is able to prevent power abuse. As a plan to improve the land expropriation committee of local governments, it is necessary to enhance the professionality of the local land expropriation committee, to expropriate lands by the analysis of land type, and to come up with alternative measures to prevent the rights of the expropriated.

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What this paper is about

This thesis is intended for addressing issues of the local expropriation committee system by drawing the policy suggestion through theoretical considerations on the land expropriation system of the UK and of the US, and for finding a plan to improve the system by focusing on the examples of land expropriation of local governments. The US' Takings utilize a public hearing and the jury system. When property is expropriated through eminent domain, stakeholders and citizens share the necessity of the expropriation and its awareness through a public hearing, and project institutes (administrative organizations) file a lawsuit to a law court to exercise takings. In the case of Compulsory Purchase in the UK, the system should be based on laws established by the Parliament, and the resolution to use CPO is also decided by district councils. So the system is able to prevent power abuse. As a plan to improve the land expropriation committee of local governments, it is necessary to enhance the professionality of the local land expropriation committee, to expropriate lands by the analysis of land type, and to come up with alternative measures to prevent the rights of the expropriated.

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Available abstract

This thesis is intended for addressing issues of the local expropriation committee system by drawing the policy suggestion through theoretical considerations on the land expropriation system of the UK and of the US, and for finding a plan to improve the system by focusing on the examples of land expropriation of local governments. The US' Takings utilize a public hearing and the jury system. When property is expropriated through eminent domain, stakeholders and citizens share the necessity of the expropriation and its awareness through a public hearing, and project institutes (administrative organizations) file a lawsuit to a law court to exercise takings. In the case of Compulsory Purchase in the UK, the system should be based on laws established by the Parliament, and the resolution to use CPO is also decided by district councils. So the system is able to prevent power abuse. As a plan to improve the land expropriation committee of local governments, it is necessary to enhance the professionality of the local land expropriation committee, to expropriate lands by the analysis of land type, and to come up with alternative measures to prevent the rights of the expropriated.

Key concepts: Expropriation, Eminent domain, Parliament, Business, Lawsuit, Public administration, Law, Political science

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