| Summary: | 碩士 === 國立臺北大學 === 不動產與城鄉環境學系 === 107 === The urban renewal in Taiwan mainly focuses on reconstruction. The characteristic of reconstruction, which makes the old buildings in renewal unit difficult to preserve, resulting in the conflict between urban renewal and cultural heritage. On the other hand, since there will be a possibility of the same construction object being reported again after Cultural Heritage Preservation Act (CHPA) amended in 2016, which may also lead to the conflict. To clarify the conflict, the research took “No.4, Ln. 22, Wenzhou St.” as the object of case analysis, supplemented by analyzing urban renewal review procedure and cultural heritage report procedure. Hoping which not only provided the advice of the case, but also combined the case with the issues of the legal systems, and then analyses the issues between urban renewal and cultural heritage, looking forward to provide the strategies and advices to improve the conflict.
Though the case has not ended, the research took a stand for supporting preserving cultural heritage. Through case analysis and legal analysis, then the research established three subjects, including the omissions and issues of Urban Renewal Act (URA) and CHPA, the subsequent condition of the case after “No.4, Ln. 22, Wenzhou St.” had being designated and the compensation for damages if the urban renewal plan being revoked.
Through interviewing the experts and scholars and analyzing comprehensively, the research reached the conclusions. First, “No.4, Ln. 22, Wenzhou St.” is a special case, which represents the conflict between urban renewal and cultural heritage. It is considered that should focus on legitimate expectation and the compensation for damages rather than the advice of amending the law. Secondly, in order to decrease the conflicts in the future, the research suggests that URA should not only strengthen the link between practice and legislation, but also be reviewed the concept of preserving cultural heritage. In addition, it should design a joint examine meetings system to enhance the preservation of cultural resources in the process of urban renewal.
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