A Study on the Public Interest and Legitimacy of Urban Redevelopment

• Main Authors: LIAO, JU-YING, 廖如瑩
• Other Authors: SHIEH, JENG-YING
• Format: Others
• Language: zh-TW
• Published: 2017
• Online Access: http://ndltd.ncl.edu.tw/handle/269u7n

碩士 === 逢甲大學 === 都市計畫與空間資訊學系 === 105 === Urban redevelopment has receiving island-wide attention due to Wenlin Yuan project. The purpose of enacting Urban Renewal Act is to promote a well-planned urban land redevelopment, revitalize urban functions, improve urban living environments, and to increase public interest. With the incentives of bonus zoning and tax deduction, government has trying to carry out urban renewal policy. This policy mainly focuses on the interests of real estate developers and landlords, yet ignoring its fundamental value to increase public interest. The fact is that urban renewal policy remains many disputes. How to define public interest of urban redevelopment and limitation of fundamental rights of citizens remains unclear. Citizens consider urban renewal has jeopardized their constitutional rights because of lacking legitimacy and precise measurable standards. Public interest is an abstract legal concept, involving value judgment and interest weights. This study tries to analyze public interest elements and Legitimacy of urban redevelopment from the perspective of constitutional fundamental rights; and further, to set up measurable standards and researching the relationship between public interest and administrative due process. These standards can not only equilibrate public interest and constitutional fundamental rights but also reduce criticism of imperiling property rights; and to carry through the fundamental value of urban redevelopment.