論市地重劃之目的、法律性質及與都市計畫間之關係

A Discussion on the Relationship among Purpose, Legal Nature of Urban Redistricting & Urban Planning from the Perspective of Legal Interpretation

臺灣地區之市地重劃，肇始於日據時期，截至民國112年12月底止，臺灣地區市地重劃區，總計完成1,132區，總面積18,475餘公頃，取得道路、溝渠等公共設施用地計6,345餘公頃，提供可建築用地面積1萬1,781餘公頃，節省政府建設經費共計1兆1千5百億餘元，還被喻為是市政金雞母。至於目前正在辦理市地重劃者計有97區，總面積1,822公頃。市地重劃區之劃設，除取得公共設施用地、土地開發、使得人口與產業由舊市區向重劃區發展，並有效促進土地經濟利用與健全都市整體建設發展外，同時亦產生不少爭議問題，諸如：都市蛙躍式擴張與無秩序蔓延、土地及公共設施閒置、人文及自然景觀流失、舊有生活及城市軌跡被破壞、不願參與重劃之居民被迫搬遷，致其工作及財產權因而受不當之侵奪、重劃後土地所有權人財產價值反倒縮減且未受合理補償……等。本文試從市地重劃之歷史沿革，梳理市地重劃與都市計畫間之關係，釐清市地重劃之法律性質及目的、市地重劃範圍選取應有之標準及其應遵守之基本原理，並參考德國立法例，以解析國內相關法規解釋與爭議。

The urban rezoning in Taiwan began during the Japanese occupation. As of the end of December 2012, a total of 1,132 districts had been completed in Taiwan, with a total area of more than 18,475 hectares, and a total of 6,345 acres of land for roads, ditches and other public facilities had been acquired. It provides more than 11,781 hectares of buildable land, saving more than 1.15 trillion yuan in government construction funds which is also known as the municipal golden goose hen. There are 97 districts currently undergoing urban rezoning, with a total area of 1,822 hectares. The establishment of urban redistricting areas not only obtains land for public facilities and land development that allow population and industry to develop from the old urban areas to the redistricting areas, effectively promoting the economic utilization of land and improving the overall construction and development of the city, it also raises many controversial issues, including urban leapfrog expansion and disorderly spread, idle land and public facilities, loss of cultural and natural landscapes, destruction of old lives and urban tracks, forced relocation of residents who are unwilling to participate in rezoning, and their job. Accordingly, property rights have been unjustly usurped, and the property value of the ownership has been reduced after rezoning without reasonable compensation. This article attempts to evaluate the relationship between urban redistricting and urban planning from the historical evolution of urban redistricting and clarify the legal nature and purpose of urban redistricting, the standards for selecting the scope of urban redistricting, and the basic principles that shall be followed. This article further refers to German legislative examples to analyze relevant domestic legal interpretations and disputes.