What is the land acquisition procedure for public projects?

What the Law Says

The Land Acquisition Act governs how the Korean government may acquire private land for public purposes such as roads, railways, or public facilities. The process is strictly regulated to protect landowners’ rights while enabling essential infrastructure development.

First, the competent authority must obtain approval for the public project from the relevant ministry or the Minister of Land, Infrastructure and Transport. Once approved, the authority designates the land acquisition area and publicly notifies affected landowners at least 30 days before initiating acquisition procedures.

The authority must then negotiate with landowners to reach voluntary agreement on compensation. This negotiation period lasts up to six months from the date of notification. If no agreement is reached, the authority may issue a compulsory acquisition decision under Article 24 of the Land Acquisition Act.

Compensation must be fair and based on market value, assessed by licensed appraisers. Landowners may file an objection within 30 days of receiving the acquisition decision. Disputes over compensation exceeding KRW 50 million may be appealed to the Land Acquisition Dispute Mediation Committee.

Statutory Text

When the competent authority intends to acquire land for a public project, it shall notify the landowner of the acquisition plan at least thirty days prior to the commencement of the acquisition procedure.

— Land Acquisition Act, s. 15 — Notification of Acquisition Plan

Statutory Text

If negotiations fail to result in agreement within six months from the date of notification, the competent authority may make a decision on compulsory acquisition.

— Land Acquisition Act, s. 24 — Compulsory Acquisition Decision

Statutory Text

Compensation shall be paid in full prior to the transfer of possession, unless otherwise prescribed by Presidential Decree.

— Land Acquisition Act, s. 32 — Payment of Compensation

What to Do

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