Legal Issues of Land Expropriation － Focusing on Farmland
Date Issued
2014
Date
2014
Author(s)
Liao, Shiue-neng
Abstract
There are a lot of ways for governments to obtain lands belonging to people. However, our government must try to buy above-mentioned lands before expropriation procedures in accordance with the Land Expropriation Act.
In the past, our government always make some compensation to the owners of lands in the procedure of land expropriation, but neglect other rights of the Constitution belonging to them. Moreover, the compensation which the owners obtained always less then its current market value.
It is our national policy which farmlands and special agricultural zones are not subject to expropriation. However, the State frequently expropriate above-mentioned lands for public interest purpose it declared. In addition, the compensation for agriculture improments is the significant issue in the process of expropriation.
Based on the introduction of the basic concepts, meaning and real case of land expropriation, this thesis analyses and compares relative legislations and recent reform of the Land Expropriation Act, real cases, and classic judgments from the Supreme Administrative Court.
In the conclusion, this thesis brings up the freedom of residence, the right of existence, the right of work shall be guaranteed in the process of land expropriation, the value of expropriated land shall be compensated based on its current market value. Moreover, a land use applicant must evaluate the public interest purpose and necessity of such undertaking and carry out overall evaluation and analysis of landowners and their family, in order to lower the impact of land expropriation.
Subjects
土地徵收
區段徵收
徵收補償
特定農業區
農民權益
SDGs
Type
thesis
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ntu-103-P01627001-1.pdf
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