The Idea of separating a development right from land ownership has attracted interest from policy-makers and academics in Korea. This is because Korea has experienced many difficulties in land use at that time. This interest raises questions about the applicability of the idea within a Korean context. Thus, the main concern of this study is with the review of foreign experiences in advanced countries, and with its applicability and legal limitations in its presence.
This study is aimed at reviewing the separation of development rights from land ownership in the eye of the law, examining some examples in advanced countries such as U.K., France and U.S.A. in terms of comparative analysis, and suggesting policy implications through schematic simulations.
First of all, a legal review of the separation of development rights were attempted. As a result, it can be concluded that the introduction of the Transferable Developement Rights(TDRs) into Korea is possible if the TDRs are applied to limited areas. The concept of development rights does not violate both the Constitution and civil law because it means the possibility of future development. Taken together, a TDR as a means of compensation for a loss conforms with the Article 23 of the Constitution if the civil law laid down about it.
And a comparative study on the separation of development rights from land ownership in U.K., France, and U.S.A. were conducted. As a result, it becomes clear that American TDRs are suitable for Korean contexts. This is simply because the Korean development control system was similar to the American system. This conclusion comes from expectation that a TDR programme can make up for the limitation of zoning system.
Then, schematic simulations were attempted to show a clear conceptual framework of the TDRs. The results of the simulations provide some policy implications. Firstly, the TDRs should be applied to exceptional circumstances which cannot solved by other policy measures. Secondly, the policy should be applied with first priority to the case which is necessary to preserve historic buildings and cultural assets. Thirdly, the TDRs should be applied to undeveloped areas rather than developed areas. Fourthly, in-depth analyses and verifications of the TDRs' marketability will be needed. Fifthly, the central government should provide legal provisions and policy guidelines for local governments. Finally, the TDRs should designed properly in consideration of institutional capacity in contemporary Korean societies.
This study concludes that the separation of development right from the land ownership is a best strategy for 'living together' in a limited space in a comtemporary Korean society. These efforts is not be easy, but it is key to solving conflictual spatial problems in the future.
- 국토의 합리적 관리를 위한 개발권 분리방안 연구(A study on the separation of development rights from land ownership for the effective management of national territory)
- 서순탁; 박헌주; 정우형
국토의 합리적 관리를 위한 개발권 분리방안 연구(A study on the separation of development rights from land ownership for the effective management of national territory)
경기도 : 국토연구원
|Series Title; No||국토연 / 2000-20|
|Subject Country||South Korea(Asia and Pacific)|
|Subject||Territorial Development < National Land Development|