從區段徵收本質論抵價地之發還

Land expropriation is an infringement on the private property rights due to national public service needs, not means for State Treasury interests to get the private property rights, nor adjustment tools for conflicts of public and private interests. Land expropriation is a last resort of means to violate private property rights for public needs. Expropriation shall be in accordance with the principle of proportionality proposed by the Constitution. The finance for the Zone Expropriation compensation can be self-sufficient. There is no financial burden or administrative urgent for the nation. There are many compensation methods. While the Land for Compensation enough to compensate the losses for all original land owners, the original land owners, according to their choices, can apply either the payment or the land to compensate their losses from the levy authority. The levy authority should follow the rules described in the administrative procedures at the 7th article and the 2nd paragraph: “Should select the method least damage to the people’s interests, while there are various ways”. Due to this reason, for the applicants who propose to return their Lands for Compensation, the levy authority should give back their lands according to proportion principles. If the municipal or county (city) competent authorities refuse to compensate using Lands for Compensation because the right values of Land for Compensation for the original land owners do not reach the minimum requirement of the right values for the distributed areas at that time, the competent authorities must comply with the proportion principles. The competent authority cannot merely follow the rules of the Zone Expropriation implementation legislation the 29th article and 2nd items. The meaning of the minimum requirement of the right values for the distributed areas shall be charged against the proportion of accepted compensation fee by the total premium for each original landowner. Finally, all expropriated land owners can choose to be compensated using the method of Land for Compensation.