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June 26, 2017

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MOI ordered to return confiscated Dapu land

TAIPEI, Taiwan -- The Taichung High Administrative Court yesterday issued a judgment against the Ministry of the Interior (MOI) regarding the controversial demolitions of four Dapu households represented by nine plaintiffs in Miaoli County, ruling that the MOI must revoke the demolition orders.

The court, however, dismissed appeals by the 19 other plaintiffs in the case.

The Taichung High Administrative Court released a statement saying that during "negotiations" over the land expropriation process in Dapu, property owners were only given two options — they could accept or decline compensation based on land values as assessed by the government. The court said that according to the minutes of the negotiations, there was no discussion of the price offered for the properties, constituting a violation of the Land Expropriation Act.

In addition, the court also deemed that the MOI did not thoroughly consider the public interest in ordering the expropriation of property in Dapu, behavior found by the court to contravene regulations under the Land Expropriation Act.

Given that 19 of the 28 plaintiff landowners in the case had already accepted compensation deals on the expropriation of their properties, the court deemed that those 19 did not require any further protection from the court and thus rejected their appeals.

The rest of the court's ruling ordered the MOI to revoke the aforementioned demolition orders and return the lands in question to the four households.

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