三七五耕地租賃權價值評估之探討

A study on the appraisal of the leasehold vaule

關於三七五耕地租約終止時須給予三分之一地價補償之規定，係為耕地租賃權價值之補償，其標準及計算方式已由相關法令予以明定，原無評估價值之必要。然而自大法官會議第580號解釋認為補償標準應儘速檢討修正，三七五耕地租賃權價值之評估遂成為一個重要的課題。本文經分析、比較租賃權價值評估的數種方法後，認為以差額租金還原法較為可行。進而分析該方法的相關影響因素：經濟租金、支付租金、租期、資本化率及差額租金等，及探討各因素在不同情況之決定，從而評估三七五耕地租賃權價值在不同情形下之價值，或能符合大法官會議之要旨，以利於解決三七五租約問題。 When the lease contract is terminated, the lessor shallcompensate the lessee with the amount equivalent to one third of thedifference between the publicly announced current land value at thetime of the termination of lease contract and the anticipated land valueincrement tax. The provision is the compensation for the leaseholdvaule, its standard and the computing mode have stipulated by the related law,so it’s not the necessity of the appraisal. However, J. Y. Interpretation No. 580said :The inflexible rule of compensation in one-third of the amount regardless ofthe actual circumstances must be reviewed and modified at the earliest possibledate by the government agency concerned by taking into account factors such asthe protection of freedom of contract contemplated by Article 22 of theConstitution and the changes in socio-economic conditions. So that, the appraisalof the leasehold vaule becomes an important topic.This article after the analysis, the comparison several methods of theappraisal of the leasehold vaule, thought that is more feasible by thedifferential rent capitalization approach. Then analyzes this approach the relatedinfluencing factor: The economic rent, the payment rent, the lease, thecapitalization rate and the differential rent and so on, and discuss various factorsdecision in the different situation, thus appraises the leasehold vaule under thedifferent situation, maybe can conform to essence of J. Y. Interpretation No. 580,favors to solve the lease contract problems.

When the lease contract is terminated, the lessor shallcompensate the lessee with the amount equivalent to one third of thedifference between the publicly announced current land value at thetime of the termination of lease contract and the anticipated land valueincrement tax. The provision is the compensation for the leaseholdvaule, its standard and the computing mode have stipulated by the related law,so it’s not the necessity of the appraisal. However, J. Y. Interpretation No. 580said :The inflexible rule of compensation in one-third of the amount regardless ofthe actual circumstances must be reviewed and modified at the earliest possibledate by the government agency concerned by taking into account factors such asthe protection of freedom of contract contemplated by Article 22 of theConstitution and the changes in socio-economic conditions. So that, the appraisalof the leasehold vaule becomes an important topic.This article after the analysis, the comparison several methods of theappraisal of the leasehold vaule, thought that is more feasible by thedifferential rent capitalization approach. Then analyzes this approach the relatedinfluencing factor: The economic rent, the payment rent, the lease, thecapitalization rate and the differential rent and so on, and discuss various factorsdecision in the different situation, thus appraises the leasehold vaule under thedifferent situation, maybe can conform to essence of J. Y. Interpretation No. 580,favors to solve the lease contract problems.