대토보상제도의 개선방안에 관한 연구

공익사업의 대토보상제도 개선방안을 토지개발과 소유자 권리 측면에서 연구한다.

Up to date, two types of land development have been used. one is the compulsory purchase by the eminent domain and the other is the land substitution by land readjustment project. The land substitution method contributes to the protection of land owner’ right and reduces additional land flows in surrounding area while it requires longer development time and does not ensure qualified development. On the other hand, public land development by compulsory purchase helps provide promptly enough land but increase in land prise in the surrounding area, caused aquisition and development.

The government has proposed a plan to adopt a new approach, as bond compensation and substitute land compensation, through revision of “he act on acquisition and compensation of land for public utilities”to public land development which would reduce land price instability in surrounding area of public land development arising from cash oriented land compensation system. The main theme of this study is two fold. One is evaluate as to whether substitute land compensation is Constitutional “air(justified) compensation” Another is suggest improvement of substitute land compensation system for stabilizing land policy.