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  • Interpretation
  • No.115
  • Date
  • 1966/09/16
  • Issue
    • Should the disputes arising from the implementation of the Land-to-the-Tiller Act be settled through administrative procedures?
  • Holding
    •        A person who suffered adverse interest as a result of ownership transfer by the Land-to-the-Tiller Act should seek relief through administrative procedures. He or she may not, on a torts ground, file a civil litigation to demand a return of land. The judgment made by an ordinary court contrary to the judgment of an administrative court in this matter is not enforceable.
  • Reasoning
    •        The condemnation or release of farmland by the government based on the Land-to-the-Tiller Act is an exercise of public authority. If the landowner, tiller, or other interested parties objected to the proceeding, they should apply for a review and correction in accordance with Article 17, Paragraph 1, Subparagraph 2, and Article 21, Subparagraph 3,of the same Act, regardless of the forms and reasons of contention. If, after the government review, the person is still not satisfied, he or she should institute an administrative appeal, re-appeal, and administrative action based on Article 1 of the Administrative Appeal Act, and Article 1 of the Administrative Proceedings Act. He or she may not, on a torts ground, file a civil litigation to demand a return of land. The judgment made by an ordinary court contrary to the judgment of an administrative court in this matter is not enforceable.  
      
    • *Translated by Robert Huai-Ching Tsai.
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