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|Other Titles: ||The Lawnature and the Redemption of Agreement Concerning the Amount of Compensation|
Wang, Chen-Ling;Ku, Ming-Her
the compulsory purchase;Administrative contract;the redemption;an agreement concerning the amount of compensation
|Issue Date: ||2016-08-18 11:56:58 (UTC+8)|
To meet the requirement of public welfare the state may compulsorily purchase private land for installations of national defense and communication enterprises and public utility enterprises, but the area of land to be compulsorily purchased shall be limited. However, Taiwan’s land expropriation in the Land Law and other laws and regulations are not consistent. In order to impose uniform compulsory purchase procedures, the Government developed The Compulsory Purchase Act in 2000. Rule 1 of the Act states: “The purposes of this Act are to implement the land expropriation, to promote land utilities, to increase public profits, and to protect private properties. According to this Act, the land expropriation must obey the regulations of this Act. If it is not stipulated by this Act, the regulations stipulated by other laws are suitable. The compulsory purchase procedures stipulated by other laws and the compulsory purchase compensation standard violated this Act are first suitable to this Act.” Rule 11 of the Act stipulates: “People who needs the lands should first obtain the agreement with land owners or acquire the lands by other ways. This action must be completed before applying for the land compulsory purchase or the improvement to land. The exemption is: due to the requirement of the public security, such as national defense, public traffic, water conservancy, public health, and environmental conservation, there is no time to obtain the agreements with the land owners to acquire their lands. If the land ownersrefuse to attend the meeting or cannot reach the agreements, the administrations can apply for the land compulsory purchase according to this rule.” The Compulsory Purchase Act is the standards for the land expropriation. Whether the characters of the agreement concerning the amount of compensation likes the practical opinions that simply belong to the contracts of private laws, or due to the reasons in the behind have the characters of the administrative contract of public laws? In addition, Rule 9 of this act also stipulates that after the accomplishment of the land expropriation, if the people who need land can not implement the plan or, execute the plan in accordance with the approved one, but no longer follow the original plan to continue to use within a certain time period, the original landowners can pay back the original amount of the compensation for its redemption. Whether the original land owners have the rights to pay back the original amount of the compensation for its redemption under the above condition? The purpose of this paper is to study the aforementioned questions. The related theories and research attainments will be demonstrated. The results can be the references for the amendments of the Compulsory Purchase Act in the future.
|Relation: ||臺灣土地研究, 16(1), 59-79|
Journal of Taiwan land research
|Data Type: ||article|
|Appears in Collections:||[臺灣土地研究 TSSCI] 期刊論文|
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