直轄市、縣、市國土計畫擬定之正當行政程序

Disscussing on Due process of law in drafting national land plan of Municipalities and Counties

The Land Planning Act is the highest level policy legislation on land planning. This law came into effect in May 2016. According to the provisions of the Land Planning Act, it will be implemented in three stages. At present, the first phase of the national land plan has been implemented according to the scheduled schedule. Each municipality and local county (city) has drafted the land plan belonging to the municipality, county (city) in accordance with Article 10 of the Land Planning Act and submitted it to the central competent authority for review.
Regarding the due administrative procedures that municipalities and counties (cities) should follow when formulating the second phase of ''local land planning'', according to Article 15 of the Land Planning Law, it is: ''After the implementation of the National Land Planning Announcement, municipalities and counties The (city) competent authority shall handle the formulation of municipal and county (city) land plans within the time limit specified by the central competent authority. However, those whose entire administrative areas have announced and implemented urban plans or national park plans are not exempted from formulating municipal, county (city) land plans. If the municipal or county (city) competent authority fails to formulate or change the municipal or county (city) land plan within the time limit specified in the preceding paragraph, the central competent authority may directly formulate or change it, and Articles 11 to 10 shall apply mutatis mutandis. Follow the procedures specified in the three articles. According to the above provisions, the procedures that should be followed in the formulation of land plans of municipalities and counties (cities) seem to be only standardized to the ''time schedule'', but the due legal procedures that should be followed seem to be only in the competent authorities of municipalities and counties (cities). If the formulation of the territorial plan is not carried out within the time limit prescribed by the central government, the central competent authority shall be responsible for the formulation, and the due legal procedures stipulated in Articles 11 to 13 shall be expressly applied mutatis mutandis. As for municipalities and counties ( When cities) comply with the deadlines stipulated by the central government and handle the formulation of land plans for municipalities, counties (cities) on their own, the Land Planning Act does not seem to stipulate the due legal procedures that they should follow. For this reason, this article will discuss ''Municipality and local counties and cities'' Proper administrative procedures that should be followed when formulating local territorial plans on their own.This article will first explore the constitutional basis for due legal process, then introduce the important legislative content of the Land Planning Act, and then discuss and analyze the norms related to due legal process in the Land Planning Act.