| Summary: | 碩士 === 東吳大學 === 法律學系 === 101 === The things that are regulated in urban renewal have a complicated relationship of rights and obligations. According to the Urban Renewal Act, to implement an urban renewal business is a combination of multi-leveled administrative procedures. The feature is that every former-leveled procedure has a binding force on the next-leveled procedure. Issues existing with the urban renewal business are converging from one level to another. And every leveled procedure has its own legal validity. This article divides urban renewal business into four levels based on the structure of the Urban Renewal Act,
1.Public Announcement for Implementation of The Renewal Area (and Urban Renewal Plans)
2.Approval of The Renewal Business Summary (and Renewal Unit)
3.Announcement of The Urban Renewal Business Plan After Approval
4.Announcement of The Rights Transformation Plan After Approval
Urban renewal is one part of urban planning business. This article will start with the review of legal property analysis of urban planning and then point out possible legal characteristics in theories and practices such as administrative planning, legal order or administrative disposition. With the understanding of possible forms of administrative acts for urban renewal, and then make the qualitative analysis of administrative acts for the first two-leveled procedures before the urban renewal business.
Research shows that the “Public Announcement for Implementation of The Renewal Area (and Urban Renewal Plans)” doesn’t restrict the renewal area’s people’s rights and benefits or increase their burden substantially. The renewal area’s people’s rights or obligations won’t change because of the public announcement for implementation of the renewal area and urban renewal plan. It’s the authority to declare the renewal policy and guide unspecified people in a certain area to implement urban renewal business on the account of planning freedom. It’s difficult to say that the legal validity is effective for certain people or certain rights and obligations are firmed; the lands and legal buildings in renewal areas are not necessarily renewed because of the public announcement for implementation of the renewal area. The Central Government or local self-government should draft or revise urban renewal plans for the designation of the renewal area and determine it as ‘‘legal order’’ or ‘‘self-government ordinances and regulations.’’ As for the ‘‘Approval of The Renewal Business Summary (and Renewal Unit),” it is a one-sided action with legal validity after the authority approves. It targets at the available and firm majority of people in a certain area and it conforms to the necessity of the general administrative disposition. The legal validity won’t necessarily make the lands and buildings in the renewal unit being renewed. It can only be executed after the authority approves and announces the urban renewal business plan or the rights transformation plan. It doesn’t impact on the people’s rights. It’s the proposal control procedure which brings the effectiveness of binding and effectiveness of facts to the next level procedure of the urban renewal business plan.
As an overview of urban renewal business, it is concerned with basic rights such as Property Rights and Freedom of Residence protected by Constitution and also the general freedom of actions such as individual autonomy and free personal development. The procedures regulated in the current Urban Renewal Act such as the “Approval of the renewal business summary (and Renewal Unit)” explained by the Council of Grand Justices No.709 is against due process of law. Also, the “Public Announcement for Implementation of The Renewal Area (and Urban Renewal Plans)” is insufficient for due process in “right to be informed,” “right to hearing,” “authority’s duty to act fairly” and ‘’authority’s duty to give reasons.” The above two procedures are also insufficient for substantive due process and require legislative and administrative authorities to review and correct to ensure the rights protected by Constitution.
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