| Summary: | 碩士 === 逢甲大學 === 土地管理學系 === 101 === There are totally 118 rivers in Taiwan. Most of them have characteristics such as steep slope, rapid flow, heavy erosion, and high sand content. The change of global climate in recent years has led to extreme rainfalls and nature calamities. Under these conditions, the government preferentially obtains the Enforcement Rules for river management land required to plan a tactic for nature disaster prevention, flood control measures and infrastructure in order to reduce or avoid the damage caused to downstream metropolitan area and flood-prone area.
Owing to the rapid development of the domestic economy, land price raises year by year. Private land owners in the river zone often petition to the elected representatives and the Ministry of Economic Affairs claiming that according to the law, the land provided free of charge to the government in the early years for the construction of embankment and river bed flow path has been restricted on use for a long period of time. However, according to the provisions of the Land Expropriation Act, the cause is limited to business necessary only, and result in land owners subject to differential treatment, causing situations of expropriation and restriction on use. They therefore congregate for the private land restricted on use by the Water Act and request government proceed related expropriation affairs as soon as possible or relieve restrictions on the use if not levied or apply exchange on public and private land in order to act its property right guaranteed by the Constitution and to resolve the discrimination of long-term restriction on use.
The situation of no expropriation compensation occurred for some parties belonging to the same river zone those who without budget or without going through the water conservancy project part. Part of the river flow path land owners suffered from special sacrifice. However due to the restriction on use by Act, the inequality differential treatment, and the dispute of fairness and justice still could not receive a deadline on getting expropriation or agreed purchase price.
In order to obtain water management land, government should plan a comprehensive expropriation for all private river land to protect the safety of people&;#39;s life and property. However, Rule 3 of Land Expropriation Act regulates that this cause is limited to business necessary only. This has led to differential treatment to private land owners in other river zones or drainage facilities. This article will explore the expropriation situation and issuance of private land in the river zone. We understand that the problem of extreme climate change has a great impact nowadays via reviewing the second chapter of the literature review. It is vital to re-exam the expropriation problem of river zone private land and try to find out a resolution to meet the current situation. Refer to the relevant literature and theory, and the Japanese rivers management of River Act, furthermore conduct the inductive analysis and verification. Result suggests that under the extreme climate condition, river zone private land should be entirely expropriated, not only applied on business necessary areas while the rest areas are restricted on use. It is to avoid differential treatment concerning the safety and rights of the people&;#39;s lives and property.
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