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Library Act on the Acquisition of Land for Public Works and the Compensation thereof.

Act on the Acquisition of Land for Public Works and the Compensation thereof.

Act on the Acquisition of Land for Public Works and the Compensation thereof.

Resource information

Resource Language
ISBN / Resource ID
LEX-FAOC052079
Pages
34
License of the resource

The purpose of this Act is to ensure a pertinent protection of property rights through an efficient implementation of public works, by prescribing matters for indemnity of any loss incurred by the acquisition or use of the land, etc. required for public works through consultations or expropriation. "Public works" means projects for national defence, for public interest (railroads, airports, etc.), for schools, museums, office buildings, etc. (art. 4). When any project operator intends to make a measurement or investigate in order to prepare for the public works by gaining access to the land occupied by another person, he or she shall obtain a permission from the head of Si/Gun/Gu by fixing the type of works, district of the land intended for gaining access, and the period (Chapter II). Chapter III deals with matters related to the acquisition or use of the land, etc. under consultations prior to a project approval. Any project operator may expropriate or use the land, etc. when it is necessary for implementing the public works after obtaining a project approval of the Minister of Construction and Transportation (arts. 19 to 39). Articles 40 to 48 deal with matters related to payment of indemnity for expropriation, for land use in need of urgency, etc. In order to render an adjudication on the expropriation and use of the land, etc., the Central Land Expropriation Committee shall be established under the Ministry of Construction and Transportation (Chapter V). Chapter VI establishes the principles of indemnification for losses and types and standards of loss indemnity. In case where the acquired lands become unnecessary due to a discontinuation or alteration of the relevant project within 10 years from the day the land has been acquired, the landowner at the time of acquisition date may repurchase such land by paying to the project operator the amount equivalent to the indemnity paid for such land (Chapter VIII). The remaining part of the Act contains penal provisions and provisions of miscellaneous nature.

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Authors and Publishers

Author(s), editor(s), contributor(s)

Simone, Monica (CONSLEG)

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