The Appraisal Standards of Compensation for Crops, Lumber and Fish in the Case of Taipei City’s Exercise of Eminent Domain were prescribed by the Taipei City Government based on its power as the competent authority to enforce the provisions of Article 241 of the Land Act.  The provisions thereof, which limit the quantities of flowers and plants grown per acre and make no compensation for those exceeding the quantities so set forth, are prescribed to limit those landowners who, in order to gain unfair advantage, purposely start planting or over-planting prior to the expropriation.  Such provisions are necessary to achieve the objective of just compensation and thus are not in conflict with the Constitution.  Nevertheless, if there is any valid evidence to prove that the actual or normal planting and growing conditions differ substantially from the prescribed standards, the competent authorities should still, as a matter of course, make adequate and careful determinations on a case-by-case basis according to its expertise and experience.

       The state may, in the interests of the public, expropriate land from the people by law and, according to Article 241 of the Land Act, the relevant supervising land administration authorities of the city or county government shall, jointly with the other relevant authorities concerned, appraise the value of the compensation for any land ameliorants to be expropriated together with such land.  Since appraisal is required, naturally the actual conditions of the land ameliorants to be expropriated should be examined.  However, Article 215, Paragraph 1, Subparagraph 4, and Article 215, Paragraph 3, of the Land Act provide that “those land ameliorants whose species or quantities are planted and grown under substantially different from normal conditions” will not be expropriated together with the land. From time to time, landowners or other people using the land, with the intent to gain unfair advantage, purposely start planting or over-planting when they know the land ameliorants will be expropriated.  The Taipei City Government, according to its power as the competent authority, has enacted the Appraisal Standards of Compensation for Crops, Lumber and Fish in the Case of Taipei City’s Exercise of Eminent Domain to enforce the aforesaid provisions of the law.  The provisions thereof, which limit the quantities of flowers and plants grown per acre and make no compensation for those exceeding the quantities so set forth, are prescribed to prevent the situations mentioned above.  Such provisions are necessary to achieve the objective of just compensation and thus are not in conflict with the Constitution. Nevertheless, the quantities prescribed thereunder have been set forth by taking into consideration the general conditions.  And, if there is any valid evidence in a particular case to prove that the actual or normal planting and growing conditions differ substantially from such standards, the competent authorities should still, as a matter of course, make adequate and careful determinations as to whether purposeful planting or over-planting indeed exists according to its expertise and experience.

*Translated by Vincent C. Kuan