論都市更新地區範圍或更新單元之劃定等相關問題——兼評臺北高等行政法院一○○年度訴字第八八三號判決

Abstract

都市更新之實施，須具有公共利益，始得強制將單元內不同意更新之土地及建物所有權人之土地及建物納入更新範圍。依都市更新條例第十一條規定，非屬政府「劃定應更新地區範圍」者，土地及合法建築物所有權人為促進其土地再開發利用或改善居住環境，得依主管機關所定更新單元劃定基準，自行劃定更新單元，並依第十條規定之土地及合法建築物所有權人同意比例，擬具事業概要，連同公聽會紀錄，申請當地直轄市、縣（市）主管機關核准，自行組織更新團體實施該地區之都市更新事業，或委託都市更新事業機構為實施者實施之。惟都市更新範圍之劃定，性質上得否允許民間自行為之？此外，都市更新地區範圍一經劃定，範圍內之土地及建物即應被都市更新，故都市更新地區範圍或都市更新單元劃定之標準因與人民財產權有關，自應符合憲法第二十三條公益目的、法律保留原則、比例原則及行政法上之一般原則。本文僅就現行都市更新範圍之劃定標準或都市更新單元劃定基準相關規定之適法性及妥適性提出討論，冀對相關爭議能做進一步釐清，俾對問題之解決有所助益。

In order to ensure that those lands and buildings be included within the designated scope in which owners do not agree to renew, the implementation of urban renewal shall be a public interest. According to Article 11 of the Urban Renewal Act, lands do not belong to the government delineated renewal areas. In order to promote the redevelopment of their lands or to improve the living environment in the area that has not been designated to implement their renewal, the owners of the lands and legally-owned buildings can be designated as renewal units as such in accordance with the standards for designating renewal units as determined by the authority. Article 10 indicates that the owners of the lands and legally-owned buildings of an area that has been designated for renewal may themselves designate the renewal units as per renewal units defined by the authority, or based on the criteria for designating a renewal unit, conduct a public hearing. They may then present a business summary together with the public hearing records to the municipal, county (city) authority to apply for approval. Finally, they can organize a renewing group to implement the urban renewal business of that area or entrust it to an urban renewal business institution for implementation. However, is the promotion of the redevelopment of their lands or the improvement of the living environment in the area in the public interest? Can we allow such designated acts to be implemented by private concerns themselves? Moreover, since the urban renewal areas have been designated, lands and buildings within these areas will be renewed. This article discusses the relevent legal points of views relating to the standards of the designation of urban renewal, the basis of delineation, and relief procedures. This article can help to clarify related disputes and to resolve the above-mentioned issues.