Newsletter 高速鐵路簡訊 . 交通部高速鐵路工程局
高鐵臺中市烏日區溪南西段占用處理情形 Occupancy Management of Hsinanhsi Section in HSR Taichung Wuri District


Occupied nation-owned lands administered by BOHSR included No. 2899-1 in Taichung Wuri District Hsinanhsi Section and other six lands and there were a total of four occupiers. On Apr. 20th, 2012, BOHSR filed a property return and unjust enrichment complaint to the Civil Division of Taiwan Taichung District Court. On Jul. 3rd and Dec. 31th, 2013, the court adjudged that the occupiers shall demolish the buildings and vacate the lands to return the occupied lands back to BOHSR and also compensate the value of unjust enrichment equal to rent.
Among seven parcels of the aforementioned occupied national land, two of which have been removed of its fences and returned by occupiers to BOHSR subsequent to the judgment. For one parcel of the remaining lands, after repeated communication and coordination, the occupier finally agreed to demolish the building and return the land before end of March in 2015. As for the remaining four parcels, the occupiers refused to demolish the building and retreat from occupation of the land so BOHSR requested the court to enforce relevant actions. On the other hand, BOHSR occasionally visited these sites to coordinate with occupiers and cooperated in conjunction with the court and the Lands Office to handle land boundary discrimination. In addition, BOHSR persuaded and advised the occupiers through the mediation committee of Wurih Township Office to cooperate and finally, before the end of 2015, occupiers of three of the four lands completed demolishment of buildings and returned the lands rightfully based on boundary results.
As for the one remaining unreturned land, due to objections filed by a third person, the enforcement proceedings should be discontinued before determined judgement of the lawsuit. During the trial, aside from clarifying the facts with the counselor and appearing before the court for mediation and inform the judge of the legal basis and considerations for the need of enforcement and demolition, BOHSR also provided the occupier a reasonable period coordinate with the National Property Administration (NPA). Moreover, BOHSR attended the legislators coordination meeting to state the fact. Therefore on Jan. 31th, 2016, the occupier has completed demolishing the building so the case did not have to go through enforced demolishing actions.
As of Jan. 31th, 2016, the BOHSR occupancies have all been resolved and BOHSR received a total of NT$ 1,138,929 dollars of occupancy compensation. The occupancy case closure rate was 100% achieving the target of suggested half year 5% rate (10% for an entire year) by MOTC. In response to these resolved land occupation cases, BOHSR will submit the case to Executive Yuan for approval of abolition of appropriation in accordance with the National Property Act, then implement land rights transfer to NPA to take over subsequent matters.

  • 國有土地被占用之地上物(拆除前)。
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