A Comparative Study of Public and Private Interest：Focusing on Real Estate

• Main Authors: Yu-Wen Lo, 羅郁雯
• Other Authors: Sheng-Min Wu
• Format: Others
• Language: zh-TW
• Published: 2014
• Online Access: http://ndltd.ncl.edu.tw/handle/duxsum

碩士 === 朝陽科技大學 === 營建工程系 === 102 === The concept of life cycles exists even in urban development, as typical reinforced concrete buildings have a life span of forty to fifty years. Due to a lack of proper early planning in Taiwanese cities, buildings have begun to experience aging and damage to major structures, especially in the aftermath of earthquakes where such problems could lead to doubts about disaster prevention safety, economic impacts, and hinder a city’s appearance. In an effort to provide a safe and comfortable living environment, improve urban charisma, and revive market mechanisms, government authorities have turned to urban renewal or land expropriation of real estate as strategies to mitigate the problems brought about by aging cities. However, due to conflict of public and private interests associated with these strategies, many disputes tend to arise. This research uses content analysis from academic opinions, journals, theses and dissertations, and literature review to consolidate and compile relevant discussions relating to private and public interest. Drawing from multiple academic sources this study examines the definitions and areas of conflict regarding the concepts of “public interest” and “private interests”, as well as analyzing the effect of the constitution on the legal safeguards and restrictions on private interests. Then, urban renewal and land expropriation dispute case studies in Taiwan are studied to discuss the problems brought about by such government real estate policies. When the government enacts public interest policies, legalities such as standards for floor area ratios and land value compensation can lead to constraints and encroachment of citizens’ private interests. In order to restore the balance in the relationship of public and private interests, this paper suggests that under the pretense of preserving private interest, the government can consider relaxing legal standards and requirements in an effort to allow for expansion of private interest without the contingency for collusion by providing the parties involved with incentives, compensation, or subsidizations as deemed necessary. This paper also suggests the inclusion of an incentive concept as part of land expropriation, which encourages cooperation and provides motivation for achieving the goals of public interest through private interest expansion, with the expectation for reducing real estate policy related disputes and maintaining national interests through the greater good of public interests.