Legal Measures for damage from the cancellation of land title and the certificate of utilization (NS3K document)

Abstract

Compensation of damage from the cancellation of land title and the certificate of utilization (NS3K document) is the main focus in this legal analysis. The cancellation of land title and the certificate of utilization (NS3K document) affect the rights of the landowners; therefore, the legal remedy for the sufferers is necessary. In this case, Liability for Wrongful Acts, which restores the right to his former condition or closely to the former condition as much as possible by compensation, and Strict Liability (La responsabilité sans faute) are two main principles for mitigation of damage when the sufferers receive the negative impacts from public service or when the laws command the state to take responsibility.  

However, the legal remedies in these two principles create different results. Therefore, it is necessary to analyze compensation measure that does not exceed the actual damage in order to prevent finding the profit from the cancellation of land title and the certificate of utilization (NS3K document).