| 英文摘要 |
In Taiwan when it comes to local-self government implementation of zone expropriation and the discovery of underground waste, there is currently no explicit provision in existing legal framework regarding the allocation of cleanup costs. Although Article 71 of the Waste Disposal Act (WDA) imposes the duty to clean up on the landowners. However, in cases where the land is subject to expropriation, the rights and obligations of the original landowners terminate upon receipt of compensation or notice of the expropriation decision, as stipulated by Articles 21 and 40 of the Land Expropriation Act (LEA). This makes it difficult to seek compensation under the Waste Cleanup Act.
At present, land authorities typically require landowners to sign an“administrative contract”when applying for compensation for expropriated land, placing the responsibility for cleanup costs on the landowners. However, these contracts are not recognized by administrative courts. This article suggests that a supplementary clause should be incorporated into land expropriation compensation dispositions. In cases where underground waste is discovered during the execution of zone expropriation, this clause would revert the legal status to the stage prior to compensation determination. Based on the new facts, a fresh compensation determination would be made, and legal liability for cleanup costs could be pursued. |
