영·미의 공용수용과 보상제도

The power of governments to take private real or personal property for public purpose and public benefits has always existed in the United Kingdom the United States. The eminent domain is an inherent attribute of sovereignty. A compulsory purchase order (CPO) is a legal function that allows certain bodies which need to obtain land or property to do so without the consent of the owner in England and Wales. A CPO may be used when building motorways where a land owner does not want to sell and if town councils wish to develop a town centre, they may issue CPOs. The landowner is compensated with a price agreed or stipulated by an appropriate person. The owner's compensation rights include the value of the property, costs of acquiring and moving to a new property, and sometimes additional payments. Where agreement on price cannot be achieved, the value of the taken land is determined by the Lands Tribunal. While the powers are strong, the Authority must demonstrate that the taking of the land is necessary and there is a “compelling case in the public interest”. The eminent domain power places in the legislative branch of the government and may not be exercised unless the legislature has authorized its use by statutes that specify who may use it and for what purposes in the U.S. Its use was limited by the Takings Clause in the Fifth Amendment to the U.S. Constitution in 1791, which reads, “ … nor shall private property be taken for public use, without just compensation”. The Takings Clause limits the power of eminent domain by requiring that “just compensation” be paid if private property is taken for public use. The owner of the property that is taken by the government must be justly compensated. The fair market value of the property determines “just compensation”.