由權力的觀點審視抵價地式區段徵收制度之研究

Review the Zone Expropriation System by Land of Compensation: A Study from the Viewpoint of Power

現行抵價地式區段徵收似已形同由政府機關基於公權力發動之強制性的土地開發手段。而政府政策的形成其實就是權力運作與互動的過程，則在制度運作過程中，政府機關是否運用它的權力、如何運用權力？以及政府權力的行使對土地所有權人權益的影響為合？是值關切。本為藉由權力的三面向來解構抵價地式區段徵收制度之形成與變遷中所涉及之權力觀，並以南科特定區新市區建設地區開發區塊L&M開發案作個案分析，以闡述個中權力與利益的糾葛。研究發現，抵價地式區段徵收制度運作中，政府機關藉由意識形態的掌控，及「偏差動員」的阻隔，將土地所有權人完全排除於決策過程外，來操控土地開發利得的分配，創造出屬於自己與開發商等利益行動者的利基（niche）。亦即，區段徵收已溣為政府機關與開發商等利益行動者尋租競利的場域。 It seems that the existing Land for Compensation in Zone Expropriation System has become a mandatory land development mean by the force of the administration. In fact, the formation of government policies is a process of operation and interaction of power. Does the government perform its power while the system functions? How does it use the power? And how does the exercise of governmental power affect landowners’ rights and interests? These questions are what this essay concerns.The essay decomposes the institutionalization and the transition of Zone Expropriation System based on three aspects of power. Besides, this essay takes L & M development project as a case study, which is located in an urban construction area in Tainan Science-based Industrial Park Special District(TSIP-SD). It also illustrates the complications between power and interest. To sum up, the government interferes in the enforcement of Zone Expropriation System by controlling ideology and the barrier of “mobilization of bias”. Landowners are completely excluded from the decision-making process so that the government can control the distribution of land development profits and create niche for themselves as well as land developers. Therefore, the existing land for compensation in Zone Expropriation System has been the area for rent-seeking to interest groups, including the administration, land developers and other private organizations.

It seems that the existing Land for Compensation in Zone Expropriation System has become a mandatory land development mean by the force of the administration. In fact, the formation of government policies is a process of operation and interaction of power. Does the government perform its power while the system functions? How does it use the power? And how does the exercise of governmental power affect landowners’ rights and interests? These questions are what this essay concerns.The essay decomposes the institutionalization and the transition of Zone Expropriation System based on three aspects of power. Besides, this essay takes L & M development project as a case study, which is located in an urban construction area in Tainan Science-based Industrial Park Special District(TSIP-SD). It also illustrates the complications between power and interest. To sum up, the government interferes in the enforcement of Zone Expropriation System by controlling ideology and the barrier of “mobilization of bias”. Landowners are completely excluded from the decision-making process so that the government can control the distribution of land development profits and create niche for themselves as well as land developers. Therefore, the existing land for compensation in Zone Expropriation System has been the area for rent-seeking to interest groups, including the administration, land developers and other private organizations.