초록 열기/닫기 버튼
In America, the general basis of compensation for loss is supported by the 5th and 14th Amendments of the American Constitution. Accordingly, it holds good in all the American states. In America, where the idea of just compensation was established long ago, it has been maintained by the legal decisions that the just compensation, under the 5th Amendment, the Federal Constitution, means a full and perfect one paid at the general market value of the taken property, that is, a perfect compensation for the property. Following are the four factors that must be considered to examine the taking of property rights against the Constitution: First, was there the taking of private property right or not? Second, can the taking of private property right be justified? Third, is the taking for public use or not? Finally, was just compensation for the taken property paid or not? The central focus of this article is on whether or not just compensation should be paid, the fourth factor as above mentioned.Hereinafter, I am to explore the compensational standard for loss, focusing on the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, along with the content of just compensation in America for loss formed by the interpretation of, and legal decision on the 5th Amendment, the American constitution. In America, compensation in the event of acquiring land for public work is not handled by any uniform standard of written sections other than this act; therefore it is thought to be the only standard for compensation for loss in America.
키워드열기/닫기 버튼
Relocation Act,just compensation,displaced person,decent,safe,sanitary housing
