Last month, the home of a resident of Taipei’s Changan W Road who had not agreed to an urban renewal project was torn down after the developer said the building was dangerous. The Taipei City Government demolished the building in accordance with the Building Act (建築法). The man then pressed charges of influence peddling against the city’s Department of Urban Development commissioner and wrote an article saying that Article 34 of the Urban Renewal Act (都市更新條例) contravenes Article 15 of the Constitution, which guarantees the right to property.
When discussing urban renewal disputes, the first thing to ensure is that, although urban renewal is related to private property rights and freedom of residence, importance should also be given to the social benefits of urban renewal.
Although the Council of Grand Justices’ Interpretation No. 709 states that some provisions of the Urban Renewal Act are unconstitutional, it also makes it clear that urban renewal can promote well-planned urban land redevelopment and that it is in the public interest to revitalize urban functions and improve the living environment.
In addition, more directly related to the general public is the guarantee of a safe living environment. Taiwan lies in the Pacific Rim seismic zone and National Center for Research on Earthquake Engineering simulations show that if a magnitude 6.3 earthquake centered in the Taipei Basin were to occur, more than 4,000 buildings could collapse, causing damage to innumerable people and their property.
It must also be recognized that urban renewal is in the public interest in that it can help prevent major damage to people’s lives and property caused by natural disasters.
Since urban renewal is in the public interest, it should not be arbitrarily labeled as influence peddling on behalf of developers. The public interests pursued through urban renewal are not about the private economic interests of the developer or the majority of residents who agree to an urban renewal project. Rather, it is about major public interests, such as promoting urban development, improving the living environment and preventing disasters.
Therefore, the value of urban renewal is not limited to the resulting economic benefits.
The right to own property is a fundamental, constitutionally guaranteed public right. However, the guarantee is not absolute, as social responsibilities are concomitant to the right to own property, as can be seen in constitutional interpretations No. 564 and No. 577.
Constitutional Interpretations No. 542 and No. 739 also indicate that, on principles of legal reservation, proportionality and due process of law, the state may impose appropriate restrictions on people’s property rights and the freedom to choose and change residence.
The developer in this case had obtained the demolition permit in accordance with the provisions and although it was fined for failing to inform the resident of the process, these flaws should not be used as a reason to ignore the benefits of urban renewal or to view it as influence peddling.
As to whether the dissenting resident in this case had requested a price that was not commensurate with the value of the property right, and whether it was appropriate for him to go to Taipei Mayor Ko Wen-je’s (柯文哲) ancestral home in Hsinchu to ask for lodging are issues that should be left for public opinion to judge.
However, this case highlights that behind the urban renewal controversy lies the need to clarify the definition of “private interest” and “public interest.” If these are not clearly defined, any talk about urban renewal serving the public interest will never be realized.
Kevin Liu is a partner at Lee and Li Attorneys-at-Law.
Translated by Lin Lee-kai
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