臺北市永春都更案

Abstract

台灣地稠人狹尤其位於首都台北市，近年來民眾對於北市重劃區地價高漲需求度低，而政府相繼推出都更容積 獎勵，建商積極開發台北市舊市區，舊市區更新則牽扯到都市更新，此報告主要目的是探討近年來都更案問題，並 以俱有爭議之永春都更案為案例 過程及方法：本報告以雙方（建商與北市政府相對於都更案之民眾）利益腳色為出發點，並透過都市更新法以 及其他法源依據，作為對兩造雙方辯論之基礎，並從法源看雙方是否合服法律

建商基於爭取利益但遵守法律，而北市政府行使法律條文，於法於理皆合服法律，但有時真正問題是存在於法 律本身，在都更法律條文中，有些條文相對於落後無法基於現況去做調整，因此有之前案例（文林苑，大埔強拆案） 才會導致都更後來會偏於修法，使得法律能合民情．

Taiwan is well known for its high population density, especially in Taipei. Lately, the land’s price in replotting region in Taipei rose rapidly, which made citizen harder to buy houses. In order to solve this problem, Taipei government executed a policy which builders could have bulk reward if they took actions to renovate old communities. However, renovating old communities is part of the urban renewal program, which have many obstacles already. This report is going to discuss the urban renewal program’s problems happened recently, and would take the Yongchun-urban-renewal-program for example.

Method: This report will discuss the relationship between builders, Taipei government and citizens in monetary aspect. According to urban-renewal-raw and other laws, this report will examine if all of them are following the laws. Builders are trying to get maximum profit while following the laws. Taipei government are operating under laws. Nevertheless, the real problem is the laws itself sometimes. Some clauses of urban-renewal-raw are too old to correspond with the real situations. As a result, some laws was adjusted after some 永春都更案 3 cases ,which including Wenlin Court、Tai Po case , that making laws become more practical and reasonable than before.