미국 도시개발사업에서 사적이익을 위한 공용수용: 연방 및 주 대법원 판례를 중심으로

Abstract

This paper investigates changes of interpretations about the taking clause and public use based on the cases of the U.S. Federal and State Supreme Court from Independent Revolution period to recent. The United States is the typical country that use eminent domain method for urban regeneration strategies of economic development purpose to confront with decay of traditional industrial cities. This economic growth-oriented government interventions have come into conflict with the ideology of private property right which is one of the U.S. nations founding doctrine. Generalizing broadly, judicial definitions of public use in eminent domain have moved from narrow concept of public ownership or use-by-the public to broader concept of public purpose or benefit. Expansion of public use definitions permit that economic development taking is proper public use and it is constitutional to transfer property from one private party to another private party in a condemnation procedure for private gains or private capitals. As a result, the more the capital dominate urban space for capitalist accumulation, the more base of private property right will be eroded ironically.