Urban land readjustment implementation by the private sector is a kind of land-developing method in order to execute the land policies and to implement the urban planning. After the Government established this system in 1979, landowners may apply for permits to the Government as per the regulations. However, it has incurred many problems for the past years after the implementation. It has resulted in differences between laws and practices. Besides, disputes among landowners were aroused endlessly. The uncertainty for the Government to acquire land for public facility use makes the function of urban land readjustment implementation by the private sector unable to be developed effectively. The purpose of this research is to help the Government timely reviews the defects of this system in order to ensure the landowners¡¦ legal rights of acquisition of properties by impartial, reasonable and legal ways to solve the disputes resulting from the transaction of urban land readjustment implementation by the private sector on the basis of equal rights.
This dissertation mainly applies the review of literature and refers to the related literature analyses. Firstly, it is to clarify the fundamental legal principles of the execution processes of urban land readjustment implementation by the public authority and by the private sector. It is also to clarify the sources of law for the urban land readjustment implementation by the private sector in Taiwan. In addition, the differences between the execution results of urban land readjustment implementation by the public authority and by the private sector during the same period shall be compared and verified by cases. Furthermore, the related legal problems are clarified by evaluating the execution processes of urban land readjustment implementation by the private sector. The practical examples of juridical judgments are also taken to verify the disputed legal claims, which were often found in the practical cases when executing the urban land readjustment implementation by the private sector. By the application of legal methods, it is anticipated to make up the ways of claims in order to fairly protect the landowners¡¦ rights when executing the urban land readjustment implementation by the private sector. This research finds out problems and provides several suggestions to the policy-making authorities for reference:
In the aspect of legislation:
1. The ¡¥Regulations for Encouraging Land Owners to Implement Urban Land Readjustment¡¦ shall be upgraded to the legislative level. Alternatively, it may combine with the ¡¥Regulations for the Urban Land Readjustment¡¦ into the complete ¡¥Laws of Urban Land Readjustment¡¦. 2. When the adjustment association is established, it shall be set as a corporation as soon as possible. 3. It shall be clearly regulated that the encouragement of the urban land readjustment implementation by the private sector is limited to the free-selected areas within the range of urban planning. 4. It is to increase the areas for and number of landowners who agree to execute the urban land readjustment implementation by the private sector.
In the aspect of execution:
1. The increase of burden ratio of public facilities should follow the example of urban land readjustment implementation by the public authority. 2. The calculation of burden ratio of the average shared cost should use a unified, standard formula. 3. The transaction of urban land readjustment implementation by the private sector should not be open to the cities which have no experience in transaction of urban land readjustment implementation by the public authority. 4. The development duration of urban land readjustment implementation by the private sector should not last too long.
| Identifer | oai:union.ndltd.org:NSYSU/oai:NSYSU:etd-0625108-170826 |
| Date | 25 June 2008 |
| Creators | Tsao, Hui-Cheng |
| Contributors | Ming-An Cheng, Daw-Yih Jang, Jih-Hwa Wu |
| Publisher | NSYSU |
| Source Sets | NSYSU Electronic Thesis and Dissertation Archive |
| Language | Cholon |
| Detected Language | English |
| Type | text |
| Format | application/pdf |
| Source | http://etd.lib.nsysu.edu.tw/ETD-db/ETD-search/view_etd?URN=etd-0625108-170826 |
| Rights | off_campus_withheld, Copyright information available at source archive |
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