Title The Due Process of Submission for Transportation Construction Plans (Phase Ⅲ) — Integration of the Process of Land Expropriation
Dept Transportation Planning and Land Transport Division
Year 2013
Month
Price
Summary Article 164 of the Administrative Procedure Act provides that “The decision on an administrative plan that relates to specified utilization of land situated in specific districts or the construction of major infrastructures, which involves persons with diverse interests and the powers of a multiple number of administrative authorities, may be finalized only through open process and after the holding of a hearing proceeding, and such a plan may bring efficiency as a result of concentrated efforts and power.” Since transportation construction plan is a type of administrative plans, it is no doubt that the process for determining transportation construction plans must follow the stipulations of the Administrative Procedure Act.

　　Following the results of the IOT’s previous studies, “The Due Process of Submission for Transportation Construction Plans (Phase Ⅰ)” and “The Due Process of Submission for Transportation Construction Plans (Phase Ⅱ)”, this study investigates the feasibility of the integration of the processes of land expropriation – the final legal procedure prior to the construction – in order to establish regulations and standards for determining transportation construction plans. This can provide references for establishing the process of determining transportation construction plans in the future.

　　According to the research findings, it is difficult to integrate the process of approval for land expropriation and the process of determining plans because they have a certain cause-and-effect relationship regarding their operation. Thus, a two-stage procedural framework should be kept. However, the process of negotiation with the land owners can be included in the process of determining plans to reduce the time it takes to obtain approval for implementing transportation construction plans, increase the efficiency of administrative activities, and facilitate the decision-making on the plans.
Post date 2013/07/04
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