| Summary: | 碩士 === 國立屏東大學 === 不動產經營學系碩士班 === 103 === Some of the lands in the Taiwan Indigenous Culture Park are owned privately or regis-tered with of cultivation rights because the rights were not transferred according to the laws concerned when these lands were going to be expropriated. The authority and the land owners negotiated many times but couldn’t reach any consensus.
The purposes of this study are as follows: first, to investigate the case in which land transfers were not registries when The Taiwan Indigenous Culture Park began operating; second, to analyze the land management system and the laws and regulations concerned; third, to empower the indigenous people to interpret and fight for their rights of traditional territories.
The results show that the reasons why the aboriginal reserved lands are setup with sur-face and cultivation rights are: aboriginal people begun cultivating even before Taiwan Restoration; the rights were not transferred after the superficies compensation completed; the land owner should give up their other rights when those of the government properties are going to be registered; the authorities should cancel the registration if the negotiations fail.
This study also finds that the authority should register the superficies and cultivation rights, and cancel or change the other rights of the lands in the Taiwan Indigenous Culture Park according to the land registration regulation and the regulations of aboriginal clan reservation development and management to solve the problem.
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