Constitutional Court to rule on Taipei City development project
By Chi-hao James Lo, The China Post
July 9, 2014, 12:01 am TWN
TAIPEI, Taiwan -- The Control Yuan yesterday passed the application submitted by three of its members demanding that the Judicial Yuan's Justices of the Constitutional Court make a constitutional interpretation regarding the Taipei City Government's development project MeHAS (美河市).
The application was submitted by Control Yuan members Li Ful-dien (李復甸) and Ma Yi-kung (馬以工) and Lin Chu-liang (林鉅鋃). During a press conference yesterday, Li stated that the Taipei City Government acquired the civilian-owned property with the stated intention of constructing public housing and commercial integrated with an MRT station and a maintenance entrance. However, stated Li, the ownership of the property was later shifted to buyers in the MeHAS development project, making the otherwise public property private, including the proposed metro station.
Li went on to state that the land rights of the project were acquired under article 6 of the Land Act (土地法) and were later shifted to house owners of the project under article 7 of the same act. The transfer is seen by the Control Yuan members as depriving the general public of their property rights, making acquisitions under the land act illegal as it would seriously conflict with article 14 of the Land Act
Reportedly, the original owners of the property agreed to relinquish their ownership since the project would benefit the public. However, under current conditions, the ownership of their land and public establishments like the MRT station would technically be co-owned by private buyers of the housing property. The current state of the project is in violation of article 15 of the Constitution of the Republic of China which guarantees the property rights of the people said Li.