Study of Controversy about the Use of the Reserved Indigenous Illustrated by the Case of Taiwan Indigenous Culture Park

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 t...

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Main Authors: Yeh, Showin-ing, 葉秀英
Other Authors: Lu,Tsung-Ying
Format: Others
Language:zh-TW
Published: 2015
Online Access:http://ndltd.ncl.edu.tw/handle/00463785417138472922
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spelling ndltd-TW-103NPTU01330102017-04-16T04:34:52Z http://ndltd.ncl.edu.tw/handle/00463785417138472922 Study of Controversy about the Use of the Reserved Indigenous Illustrated by the Case of Taiwan Indigenous Culture Park 原住民保留地爭議問題之研究 -以馬西里得部落為例 Yeh, Showin-ing 葉秀英 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. Lu,Tsung-Ying 呂宗盈 2015 學位論文 ; thesis 113 zh-TW
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description 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.
author2 Lu,Tsung-Ying
author_facet Lu,Tsung-Ying
Yeh, Showin-ing
葉秀英
author Yeh, Showin-ing
葉秀英
spellingShingle Yeh, Showin-ing
葉秀英
Study of Controversy about the Use of the Reserved Indigenous Illustrated by the Case of Taiwan Indigenous Culture Park
author_sort Yeh, Showin-ing
title Study of Controversy about the Use of the Reserved Indigenous Illustrated by the Case of Taiwan Indigenous Culture Park
title_short Study of Controversy about the Use of the Reserved Indigenous Illustrated by the Case of Taiwan Indigenous Culture Park
title_full Study of Controversy about the Use of the Reserved Indigenous Illustrated by the Case of Taiwan Indigenous Culture Park
title_fullStr Study of Controversy about the Use of the Reserved Indigenous Illustrated by the Case of Taiwan Indigenous Culture Park
title_full_unstemmed Study of Controversy about the Use of the Reserved Indigenous Illustrated by the Case of Taiwan Indigenous Culture Park
title_sort study of controversy about the use of the reserved indigenous illustrated by the case of taiwan indigenous culture park
publishDate 2015
url http://ndltd.ncl.edu.tw/handle/00463785417138472922
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