| 英文摘要 |
After the approval of urban renewal business plan, the litigations afterwardfocus on four type of issues. First issue is that disagreed ownerskeep resistance against demolition and removing, the other three issues areproblems come from the detail and implementation of the rights transformationplans, which are: issue 2: allocating land and buildings, issue 3:compilation of common shared expenditures, and issue 4: evaluation ofrights values. I want use the case of Yongchun urban renewal as a lead, tointroduce the backgrounds of these four issue in order, and discuss the reviewattitude on these four issues from administrative courts. Administrativecourts mandate the committee of urban renewal offer reason aboutcompilation of common shared expenditures after the Yongchun case. Thisreview standard is too strict, I will explain that the standard is borrowed from the environmental-impact-assessment cases in Taiwan, which weretransplanted from the U.S. environmental-impact-assessment cases, butthis transplantation is wrong. I will propose that “issue 3: compilation ofcommon shared expenditures” and “issue 4: evaluation of rights values”have the same characteristics, and they should be deal with in the sameprocedure in laws. For the same reasons, the review attitude on these twoissues by administrative courts should be the same. |
