The study of constitutional conformity of paragraph 63 Equalization of Land Rights Act

• Main Authors: Hsiu-Yu Kuo, 郭秀裕
• Other Authors: Hsiu-Hsiung Tai
• Format: Others
• Language: zh-TW
• Published: 2007
• Online Access: http://ndltd.ncl.edu.tw/handle/85495664670659392104

碩士 === 逢甲大學 === 土地管理所 === 95 === This research intends to open an inquiry into the protection of constitutional property rights on the article 63 of the Equalization of Land Rights Act. Where a piece of leased land cannot be used for the purpose for which the lease is made due to consolidation, the Special Municipal Government or the County/City Government shall directly terminate the lease contract and notify the parties concerned. When terminating the lease contract according to the preceding Paragraph, the lessee may ask for or receive compensation, according to the provisions, from leaser. In other words, the determination of liability concerning compensation by leaser is “without actual fault or privity”, which should be included in part of administrative compensation system. Thus, this research brings forward criterions of special sacrifice and constitutional principles such as principle of proportionality, principle of equality and constitutional property rights to estimate the course provision and the design for the administrative compensation so as to provide some opinions to perfect the administrative compensation system of urban land readjustment. This research finds it fairly possible to say that the limited authority of compensation conferred by the provisions of the statute in question as thus construed by contravening constitutional property rights.