Eminent Domain Law in Taiwan: New Law, Old Practice?

Eminent Domain: A Comparative Perspective, Cambridge: Cambridge University Press (2016)

U of Chicago, Public Law Working Paper No. 569

Kreisman Working Papers Series in Housing Law and Policy No. 35

44 Pages Posted: 5 Mar 2016 Last revised: 18 May 2016

See all articles by Yun-chien Chang

Yun-chien Chang

Academia Sinica - Institutum Iurisprudentiae (IIAS); New York University School of Law

Date Written: February 25, 2016

Abstract

This chapter summarizes the latest (post-2012) eminent domain law in Taiwan. It focuses on the six pillars of takings law, namely public interest criteria, subjects of the eminent domain power, just compensation, due process, distribution of development surpluses, and the dispute resolution system. The 2012 reform brings along takings laws in books that are stricter than ever in terms of public interest and necessity analysis, but administrative courts typically defer to the administrative agencies’ judgments. Only government agencies and certain public legal persons can apply to the state to condemn. Just compensation now means payment of current market value, but the differences between how much condemnees receive pre- and post-2012 remain unclear. Procedural requirements regarding expropriation constitute an intricate web of rules. Nonetheless, in the process of negotiated purchase, local governments are often criticized for not bargaining in good faith. Thus, the due process requirement does not guarantee substantive equity or efficiency. Development surpluses go entirely to the state. The dispute resolution system consists of two or three levels of re-examination within the administrative branch before the condemnees can bring their cases to the administrative court. This chapter concludes with a policy recommendation that uses hedonic regression models to estimate land value for offers in the negotiated purchase stage and for the land value in the takings compensation stage.

Keywords: Takings compensation, due process, hedonic regression model, public interest, just compensation, dispute resolution, development surplus, appraisal, judicial review

JEL Classification: K11

Suggested Citation

Chang, Yun-chien, Eminent Domain Law in Taiwan: New Law, Old Practice? (February 25, 2016). Eminent Domain: A Comparative Perspective, Cambridge: Cambridge University Press (2016); U of Chicago, Public Law Working Paper No. 569; Kreisman Working Papers Series in Housing Law and Policy No. 35. Available at SSRN: https://ssrn.com/abstract=2741251

Yun-chien Chang (Contact Author)

Academia Sinica - Institutum Iurisprudentiae (IIAS) ( email )

128 Academia Sinica Rd., Sec. 2
Nankang
Taipei City, 11529
Taiwan

New York University School of Law ( email )

40 Washington Square South
New York, NY 10012-1099
United States

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