Modern society has become more interested in the use of underground space. This is due to the rapid growth of the city and the limited supply of land. And the development of science and technology has enabled the three-dimensional use of land. Recentl...
Modern society has become more interested in the use of underground space. This is due to the rapid growth of the city and the limited supply of land. And the development of science and technology has enabled the three-dimensional use of land. Recently, large-scale projects related to underground space utilization are underway or planned.
The compensation standard and the calculation method of the compensation amount related to the use of the underground space are stipulated in the individual laws. Thus the application laws related to the use of the underground space and the compensation standards are different according to the type of the public service. Therefore there is a lack of equity and systematicity in the legal of underground space.
Except for the Urban Railway Act and the Railway Construction Act, there is no standard for calculating the specific compensation amount. In spite of the fact that urban railways and railways have similar types of infringement of private property, there are some differences in compensation regulations, so compensation amounts vary even for the same land. In case of urban railway, compensation amount varies depending on local governments. In addition, there are some things that should be recognized for fair compensation. But there are some parts that do not receive compensation because there is no explicit standard in the law.
This research on the compensation law system and the calculation of the compensation amount for the underground space use is conducted through a literature survey and a questionnaire surveyed by appraisers. And this research suggests a reasonable improvement plan of underground compensation system.