A Study of Major Issues Related to Taiwan's Urban Renewal Act

Urban renewal means to promote well-planned urban land re-development, revitalize urban functions, improve living environments and increase public interest, which is with high level of public interests and necessity. Since implemented in 1998, the Urban Renewal Act in Taiwan has been revised for 8 times. During the implementing period, the demolition event of Wenlinyuan has generated arguments about its legitimacy and constitutionality from all sectors of society. After that, along with Council of Grand Justices has made J.Y. Interpretation No. 709 and said partial articles of Urban Renewal Act unconstitutional Shall become void , the Execute Yuan and members of the Legislative Yuan proposed a series of amendment drafts of Urban Renewal Act, to resolve current issues faced in Urban Renewal Act implementing. Therefore in this article, based on the related regulations of Urban Renewal Act, we collect and summarize current judgments issued by administrative court to make discussion of related problems of current urban renewal system, and discover thinking context for derivational problems from urban renewal lawsuits in practical judgment and their resolutions. Finally we raise some suggestions and comments on amendment drafts of the Urban Renewal Act. We expect to understand exactly the crux of the problems in urban renewal system and accuse the legal deficiency on current laws and regulations; we will propose suggestions as laws amendment or explanations references for the government, to improve the urban renewal system in Taiwan as well as promote well-planned urban land re-development, revitalize urban functions, and improve living environments.