收回被徵收土地之申請──最高行政法院110年度上字第755號判決解說

The Application for Resumption of Expropriated Land

憲法第15條關於人民財產權應予保障之規定，旨在確保個人依財產之存續狀態行使其自由使用、收益及處分之權能，並免於遭受公權力或第三人之侵害，俾能實現個人自由、發展人格及維護尊嚴（釋字第400號、第709號、第732號解釋）。

According to Article 219 Paragraph 1 of the Land Law and Article 83 of the Urban Planning Law, after private land is expropriated, if the land use applicant does not start using the land within“one year after the completion of the expropriation compensation payment”, or does not start using the land in accordance with the“period for approving the plan”, the original land owner may apply to the municipality or county (city) land administration authority where the land is located to resume the expropriated land within 5 years from the day after the expiration of the period.
The judgment of the Supreme Administrative Court (110) Shang Tzu No. 755 dealt with a dispute over the original land owner’s application to resume his expropriated land, but his application was rejected due to late application. This article mainly explains the content of this judgment.