개발권양도제(TDR)의 제도화방안 연구

Abstract

Land use control is essential, however, it is criticised to take landowners' rights without compensation by planning regulations. A budget constraint is one of the obstacles for financial compensation to landowners whose property value would be decreased by regulation. By contrast, a part of development profits are commonly taken by the government. In US. and Japan, the TDR(Transfer of Development Rights) has been used as a compensation tool without any extra financial burden of government. Many states have been implemented the TDR for the purpose of preservation of arglicultural areas, green spaces, even for simulation of urban redevelopment in the center-city. There, however, several controversial issues exist, for example, the detachment of development right from exclusive landownership, the selection of sending areas, the evaluation of development right and higher development demands of receiving area, transaction of development rights. The purpose of this study is to provide a background and framework of legislation of newly introduced planning tools, TDR and several issues and alternatives are proposed.