| 英文摘要 |
Originally, for determining whether a public easement on existing roads had been established, Judicial Yuan-Interpretations No.400 set the strict three specific requirements, wishing that the local governments not determine the public easement relationship arbitrarily and easily. Concerning the financial difficulties local governments faced, Judicial Yuan-Interpretations No.400 didn’t require local governments to conduct expropriation to acquire the lands make just compensation those privatelyowned lands immediately. Unfortunately, local governments go so far as not expropriate those public easement burdened lands at all, and in their own regulations on construction management, they broaden the three requirements No.400 had set. The two requirements they loosed is the first one, it must be a necessary crossing for the unspecified general public, and the third one, it must be long enough so that most people do not have a specific recollection regarding the exact time when the situation began. The purpose local governments to recognize the existing laneways is to determine the building lines thereafter. When local governments determine the building lines, they go further broadening the original width of the public easement existing roads, asking building line to setback until the road width be 4 meters or 6 meters. This paper argue that, if local governments use its public authority to change the width of the public easement existing roads, it is the exercise of the public authority by national authorities, infringing the personal property rights, those affected individuals shall have the right to adequate compensation. |
