Research on the Value of Compensation for Real Estate Taking in the United States
- 法学院－已发表论文 
不动产征收补偿的焦点主要集中于被征收不动产价值的计算,而不动产价值计算的关键在于按照何种时间节点确定其市场价值以体现公平补偿原则。通过制定法及判例确定的传统征收过程的时间维度,以及政府征收前行为实质性影响被征收不动产价值的时间维度,是美国立法和司法、行政实践中同时采用的两个节点。美国立法和司法中出现的各种不同类型征收行为及对应时间节点的界定,本质上对政府行为起着制约作用,目的是为了保障和回归公平补偿的核心原则。The focus of the compensation of real estate taken by the government is mainly on the value calculation of real estate,but the key to its calculation lies in determining its market value according to various time nodes to reflect the principle of fair compensation. The time dimension issues during the traditional taking process determined by the statutes and precedents,as well as the time dimension issues that the government action would influence the value of the taken real estate before the taking,are the two nodes adopted in the legislative,judicial and administrative practice of the United States. The identification of various types of taking behaviors and corresponding time nodes,restrict the government behavior in nature and its purpose is to safeguard and return to the core principle of fair compensation.