사인수용에 대한 미국연방정부와 주정부의 법적 대응

The U.S. Supreme Court ruled the use of eminent domain to transfer land from one private owner to another to further economic development constitutional in Kelo v. City of New London(545 U.S. 469 (2005)). The Supreme Court held that the general benefits a community enjoyed from economic growth qualified such redevelopment plans as a permissible “public use” under the Takings Clause of the Fifth Amendment. However, the redeveloper was unable to obtain financing and had to abandon the redevelopment project, leaving the land as an empty lot. There have been several public reactions to the Supreme Court's decision. On June 23, 2006, President George W. Bush issued executive order 13406 instructing the federal government to use eminent domain “...for the purpose of benefiting the general public and not merely for the purpose of advancing the economic interest of private parties to be given ownership or use of the property taken.” By 2009, 42 states had enacted some type of reform legislation in response to the Supreme Court's Kelo decision. Some states enacted laws that severely inhibited private to private takings for economic development and the other states enacted laws that place some limits on the power of municipalities to invoke eminent domain for economic development allowing blighted area redevelopment project. There is several laws allowing private takings in Korea. The Korean Constitutional Court ruled private takings for industrial complex project constitutional takings in 2007HunBa114(2009) and It also ruled private takings for redevelopment land for housing consitutional in 2008 HunBa133(2009). There is several laws allowing private takings in Korea. The pro-cautionary safeguards are needed to protect fundamental property rights from overreaching private takings in Korea.