| Summary: | 碩士 === 國立臺北大學 === 法律學系一般生組 === 105 === Urban Renewal Act Article 1 provides that it is enacted to promote a well-planned urban land redevelopment, revitalize urban functions, improve urban living environments, and to increase public interest. It reveals that urban renewal is related to both public interest and private interest, so that the regulations of Urban Renewal Act should set proper citizen participation procedures to protect the rights of related citizens. Although several procedures are already built in Urban Renewal Act, disputes occur frequently. It demonstrates related citizens can’t get the general consensus through the procedure of Urban Renewal Act.
Judicial Yuan Interpretation No. 709 declares Article 10, paragraph 1 and 2, and Article 19, paragraph 3 of Urban Renewal Act violate both the people’s residence as protected by Article 10 and the people’s property as protected by Article 15 of the Constitution. Therefore, legislators proposed several draft amendments of Urban Renewal Act. It is still doubtful if the disputes will end.
For this reason, this study discusses the due proper citizen participation procedures of urban renewal procedure under Administrative Law and will propose legislative amendments recommendations on Urban Renewal Act.
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