The right of repurchase is legislated to keep the property rights of expropriated land's owners. Expropriated land's owners sell their land not by their own free will but by expropriation for public utilities.
This right aims to minimize land owner's...
The right of repurchase is legislated to keep the property rights of expropriated land's owners. Expropriated land's owners sell their land not by their own free will but by expropriation for public utilities.
This right aims to minimize land owner's invasion of private right by recovering their property.
To protect these land owner's property rights, 'the law of expropriation of land' legislates this repurchase right in some conditions.
Ex-land owners can exercise their rights when a certain public utility project which expropriate their land is not need their land any more for that project or not use it for a long time - 5 or 10 years.
However the law of Expropriation of Land also constricts this right when the former public project is changed to restrictively allowed other public one.
Even the former public project do not use a certain land for long time or not need it any more, land owners cannot exercise their right of repurchase in this cases.
Because it is a kind of invasion for land owner's property right, the law set limits only when it is changed for weighter public interest. and list the possible cases.
However the law of Multifuctional administrative city construction and a revised bill of this law enlarged public project's range which can restrict the repurchase right to city construction project to do construction more efficiently.
I focus on whether this restrict clauses of the repurchase right on these two laws are violation of the constitution.
To do this, I studied the right of repurchase and the restriction of this right in the change of public projects through eminent scholar's books and writings, treatises and judicial precedents.
I wish this study could contribute on minimizing the conflicts between public and private interest in the process of expropriation and repurchase.