Abstract:
Compensation must be made for the using rights of specific land space. The compensation in nature should be based on the particular costs arising from restriction on property rights. As far as the general principles of compensation for the use of land space rights are concerned,there are three theories,i.e.,full compensation theory,proper compensation theory and eclectic compensation theory. Among these the full compensation theory should be adopted. The compensation price for use of land space rights should be different from that of land ownership. As the use of separable superficies is only attached to the use of space over and under the land,the amount of compensation should be calculated by reference to the sale price of neighboring land or similar land multiplied by the rate(land utilization hindrance rate)which is properly fixed in term of the degree of hindrance to the land by the use of its specific space。