Research On Inverse Condemnation Request Right

Based on the needs of the public interest,after due process and fair compensation to property owners,the state can collect the property owners' legal property.With the continuous enhancement of the government's public management functions,the state's restrictions on private property rights have become more diverse.But in practice we only focus on the one-way deprivation of property rights by public power and ignores the problem of excessive restrictions on property rights.There are three levels of property rights restrictions.The first level is the general restrictions based on the social obligations of property rights.The second level is the special restrictions that can be filled through compensation.The third level is the limitation similar to the effect of expropriation."Inverse condemnation" focuses on the limitation similar to the effect of expropriation,caters to the institutional needs for the protection of property rights and resolves the dilemma of remedy,so it has important theoretical value and practical significance in protecting citizens' legal property rights.According to the domestic litigation system,when the government applies a decree to impose restrictions on the property of an unspecified right holder,the right holder cannot apply for relief.When the specific administrative actions impose restrictions on property rights,within the existing framework of the rule of law,rights holders can initiate administrative lawsuits as neighbors,or claim real property defense claims,or claim compensation rights based on a fair burden.However,the aforementioned methods have the weakness of inadequate relief,so it is necessary to find the localized material of the inverse condemnation from the field of comparative law.Inverse condemnation in U.S.goes too far in protecting property rights,the relevant systems of Germany,Taiwan,South Korea and Japan have extremely important reference values for the construction of inverse condemnation.The core of inverse condemnation is to give private the right of claim condemnation.Rights holders apply for transferring property ownership as a "pedal" for obtaining full compensation and excluding violations of property rights.The government should have collected the property but did not collect it,took other measures to achieve similar purposes,produce a similar effect,and no compensation given to right holders.The owner of the property right can apply for the government to make a collection decision and give compensation,or asking the court judgment government to make a collection decision and give compensation.The constituent elements of inverse condemnation include the form elements and the substantive elements.The applicant,the application period,the acceptance authority,and the scope of compensation are the form elements.The acceptance conditions and the review criteria are the essential elements.The issue of review standards is the top priority of the system design.Inverse condemnation is established when the restrictions imposed on property rights by specific administrative actions have similar effects to levy,and are difficult to remedy,or the positive effect of levying the remaining part is greater than compensation.An application for levy has been submitted to the subject of obligation,but the organization has explicitly refused or refused to respond,which is a pre-procedure for filing a reverse collection request.The applicant shall file an application within one year from the date on which the property right is known or should be known restricted.And an application for inverse condemnation shall be submitted to the review within 60 days after the respondent fails to perform its legal duties or refuses to reply,or file a inverse condemnation lawsuit within 6 months.The burden of proof on inverse condemnation lies in the applicant,but the review authority may also investigate and collect relevant evidence based on the application of the right holder.If the right holder is not satisfied with the decision to reject the application for collection,or if he disagrees with the amount of compensation,he can file a lawsuit in the people's court.The form of judgment is to perform the judgment within a time limit or to revoke the administrative action(And order to make a new compensation decision).The former applies to cases that the collection obligation agency fails to perform its collection duties,and the latter applies to cases that the right holder refuses to accept the decision to reject the application for inverse condemnation or the compensation decision.The localization of inverse condemnation must take into account the protection of property rights and the principle of administrative cost control.Therefore,when the right holder retains the value of the remaining property and its special restrictions can be compensated through fair compensation,inverse condemnation cannot beestablished,and the property right holder can claim compensation based on the theory of improper return or principle of equal public burden.The above situation should be studied separately from inverse condemnation,and other ways of relief should be found through the improvement of administrative compensation legislation.