미국에서의 공적사용의 변화에 따른 판례의 동향 = The Trend of Leading Case due to the Change of Public use in the U.S

다국어 초록 (Multilingual Abstract)

The Trend of leading case due to the change of public use in the U.S
The fifth Amendment of U.S. Constitution ruled that the government can not take private property for public use without just compensation. This regulation means that when the government takes private property, it must take it only for the purpose of public use, and it has to make a just compensation for the private owner.
The public use in this article is on the ground of the fifth amendment of U.S. Constitution. This is studied for the history, legal basis, the concept and the leading case of public use
Especially, the concept of the public use is not clear, it has been changed over the years. The concept of the public use has been changed from the public ownership into the use by the public and the public purpose or benefit.
According to the change of the concept about public use, the court ruled that the concept of public use with a narrow sense until the early 20th century, for example,
the case of West River Bridge Co. v. Dix. However, after the middle 20th century, it ruled the concept of the public use with a broad sense like the case of Berman v. Parker.
Recently the court ruled with a strict interpretation of public use in the case of the County of Wayne v. Hathcock, or the City of Norwood v. Horney. This judgement provides us with a lot of evidence for the consideration of higher profit for the landowners.

다국어 초록 (Multilingual Abstract)

The Trend of leading case due to the change of public use in the U.S
The fifth Amendment of U.S. Constitution ruled that the government can not take private property for public use without just compensation. This regulation means that when the government takes private property, it must take it only for the purpose of public use, and it has to make a just compensation for the private owner.
The public use in this article is on the ground of the fifth amendment of U.S. Constitution. This is studied for the history, legal basis, the concept and the leading case of public use
Especially, the concept of the public use is not clear, it has been changed over the years. The concept of the public use has been changed from the public ownership into the use by the public and the public purpose or benefit.
According to the change of the concept about public use, the court ruled that the concept of public use with a narrow sense until the early 20th century, for example,
the case of West River Bridge Co. v. Dix. However, after the middle 20th century, it ruled the concept of the public use with a broad sense like the case of Berman v. Parker.
Recently the court ruled with a strict interpretation of public use in the case of the County of Wayne v. Hathcock, or the City of Norwood v. Horney. This judgement provides us with a lot of evidence for the consideration of higher profit for the landowners.

참고문헌 (Reference)

1 정 훈, "수용요건으로서 공익" 20 : 2003

2 김민호, "사인에 대한 공용수용권 특허의 위헌성 검토 - 미국의 사례를 중심으로 -" 한국토지공법학회 26 : 197-210, 2005

3 정하명, "미국에서의 민간에 의한 도시재개발과 공적 사용" 한국토지공법학회 27 : 219-232, 2005

4 鄭夏明, "미국 연방헌법상 공적 사용과 경제개발" 한국토지공법학회 36 : 349-366, 2007

5 김남철, "기업도시에서의 사인을 위한 토지수용의 법적 문제" 한국토지공법학회 24 : 573-596, 2004

6 "West River Bridge Co. v. Dix47 U.S. (6 How.) 507"

7 William Michael Treanor, "The Origins and Original Significance of the Just Compensation Clause of the Fifth Amendment" 94 Yale L.J. 694 1985

8 Steven E. Buckingham, "The Kelo threshold: Private and public use reconsidered" 39 U.Rich. L. Rev. 1279 2005

9 Thomas W. Merrill, "The Fifth Amendment Says That the Government Can Take Private Property from Its Owners for Public Use. Just What That Means Is a Question the Supreme Court Is Reconsidering”, Legal Affairs, Jan/Feb"

10 Thomas W. Merrill, "The Economics of Public Use" 72 : 1986

11 "Public Use-Economic Development" 119 Harv. L. Rev. 287 2005

12 "Old Dominion Land Co. v. United States269 U.S. 55"

13 "Missouri Pac. Ry. Co. v. State of Nebraska 164 U.S. 403"

14 "Kohl v. U.S91 U.S. 367"

15 "Kelo v. City of New London545 U.S. 469"

16 "Howaii Housing Authority v. Midkiff467 U.S. 229"

17 "County of Wayne v. Hathcock; 471 Mich. 445, 684 N.W.2d 765"

18 Patricia E. Salkin, "Community redevelopment, public use, and eminent domain" 37 Urb. Law. 201 2005

19 "City of Norwood v. Horney853 N.E.2d 1115"

20 "Berman v. Parker; 189 Ill.2d 662, 731 N.E.2d 765"

21 Michael J. Coughlin, "Absolute Deference Leads to Unconstitutional Governance: The need for a new public use rule" 54 Cath. U. L. Rev. 1001-, 2005