| 摘要: | 公共設施保留地的問題是怎麼形成的?
民國53年依據都市計畫法規定須於10年內徵收取得公保地，民國62年內政部修法延長至15年內徵收取得，民國76年取消公共設施保留地取得年限的規定，民國88年內政部頒定的都市計畫容積移轉實施辦法，自此開啟了政府可以用容積移轉方式取得公保地。
重點就是：因為政府長期以來一直都沒錢、沒預算，當然就沒辦法逐年辦理徵收計畫，取得還是屬於私人所有的公保地。後面才會有地主打官司要求釋憲；再由大法官明令：要求政府不能夠因為沒錢徵收就不作為，無權長期佔用還是屬於私人所有的公保地，這樣是違憲的，才制定容積移轉相關法令，之後這些年也陸續取得公保地才逐漸消除民怨。
但是除了公共設施保留地之取得、其中若具有紀念性或藝術價值之建築與歷史建築及水利用地治理範圍內土地，也得以公告或專案呈報，用容積移轉方式辦理取得。可以幫政府省下鉅額的徵收費用。
再來；容積移轉代金制等同於政府作莊成立一個虛擬的「容積銀行」由建商付錢給政府來取代捐地行為。除了可充實地方政府財政外，對推動地方公共建設基礎設施及闢建道路，由代金提撥施政會更順利，因應收取的代金再從其中提撥預算又衍生另一個新型態的公保地競價標購制度。
最早是台北市於106年開始首辦實施，接著新北市、桃園市也於110年公告實施，如果開發商在其開發項目中增加一定的建築容積，則政府可以給予開發商相對應的建築容積獎勵。則政府可以向其收取一定的費用稱代金。容積移轉代金制的實施可以使開發商在開發項目中增加一定的建築容積，從而實現更好的城市發展和興建經濟效益。容積移轉代金制的實施需要政府部門的支持和監管，並需要相關的法令規章進行約束，以確保其實施的有效性和公平正義性。;How did the problem of land reserved for public facilities come about?
In 2003, the Urban Planning Law stipulated that public land must be acquired within 10 years; in 2006, the Ministry of the Interior amended the law to extend the period of acquisition to 15 years; in 2007, the requirement that public land be acquired within 15 years was abolished; and in 2008, the Ministry of the Interior promulgated the Regulations on the Implementation of Urban Planning Capacity Transfer, which opened up the possibility for the government to acquire public land by means of capacity transfer.
The main point is that since the government had no money or budget for a long time, there was no way to carry out the acquisition plan year by year and acquire public land that was still privately owned. It was only later that landowners filed a lawsuit for constitutional interpretation, and then the Chief Justice explicitly decreed that the government could not refrain from doing anything because it did not have the money to acquire the land, and that it did not have the right to occupy the privately owned public land for a long time, which was unconstitutional.
However, in addition to the acquisition of public facility reserves, buildings of monumental or artistic value, historic buildings, and land within the water use area can also be acquired by public notice or project submission, using the capacity transfer process. This can help the government save a large amount of money on acquisition costs.
In addition, the transfer system is equivalent to the establishment of a virtual bank by the government to replace land donation. In addition to enriching the local government′s finances, it is also a smoother way to promote local public infrastructure and road construction, and it is a new type of public land bidding system that is derived from the funds collected and the budget allocated.
The earliest is Taipei City in 106 began to implement the first, followed by New Taipei City, Taoyuan City, also in 110 years announced the implementation of the developer in its development projects to increase a certain amount of building capacity, then the government can give developers corresponding building capacity incentives. The government can charge a certain amount of money for the project. The implementation of the capacity transfer payment system allows developers to increase the building capacity in their development projects to achieve better urban development and economic benefits of construction. The implementation of the RTA requires the support and supervision of the governmental authorities, as well as the binding of relevant laws and regulations to ensure the effectiveness and fairness of its implementation. |
