Verification, Addition And Rectification Of Land Expropriation Fair Boundary Theory

Fair boundary theory requires that the public interests basis of land expropriationshouldn’t be clearly out of balance against the special damages, being caused by landexpropriation, of private property rights, which must be restricted to the least.The first form of fair boundary is that full private property rights are preserved duringthe procession of realization of public interests. This form could realized through purchasingland on agreement or other private law methods, but the priority of private law methodsshould be confirm by law, and be guaranteed by offering certain favor.The second form of fair boundary is that the rights of disposition of private property aredeprived for the realization of public interests. This form can only be applied in such situationthat land expropriation is authorized by applicable basis of public interests and private lawmethods, such as purchasing land on agreement, are unworkable. Other rights couldn’t berestricted or deprived unless authorization by definite law. It’s confirmed by the practice ofTaiwan that public interests as applicable conditions of land expropriation could be definedobjectively by law.The third form of fair boundary is that private property rights should be recovered whenspecific public interests has realized or land expropriation lacks applicable basis of publicinterests since start or later time. Procedures for recovery of private property rights in Taiwaninclude revocation or withdrawal of administrative expropriation disposition，resumption ofexpropriated land ownership，first right to buy expropriated land, etc.The realization of fair boundary, between public interests and private property rights inland expropriation is based on higher level of social development, applicable supporting law,and clear distinction between private property rights and public interests in law.