미국의 도시계획시설에 관한 법적 고찰 - The Official Map을 중심으로

Laws and institutions related to city-planning in each country have their identities, also have universality that correspond to the urban environment. Whereas laws and institutions on city planning facilities in the United States show the unique characteristics of the federal state, it also has the general nature of construction of urban physical environment. Based on these assumptions, in this article, we consider the overall contents of the official map adopted by a large number of states in the United States. The official map is, the thing enacted by ordinances of the municipality of a state that have the final and decisive effect on the location and extent of roads, park, playground and others installed in the city. Such official map is declared to be established to conserve and promote the public health, safety, convenience or general welfare. The object of official map is a exemplified thing in the official map law, and a local council, whenever and as often as it may deem it for the public interest, to change or exclude the object. Establishment of the official map is subject to very strict procedures such as drafting of local governments, hearing of the residents opinions, notice, deliberations of the city planning commission and adoption of the official map draft by local councils. By the establishment of the official map, that is because a significant restriction is imposed on the property rights of landowners. The official map law is arranged for administrative remedies in oder not to excessively infringe on the reasonable use of land against limitation by the official map. An aggrieved owner, futhermore, may bring an inverse condemnation proceeding which will result in change or revocation of the official map as well as a payment for the taking. As described above, the official map system in the United States is almost similar to laws and institutions on city planning facilities in the Republic of Korea, and its universality is more dominant than its individuality. So, it will be able to get important clues for solving legal issues related to city planning facilities through an in-depth comparative study on the official map system in the United States.