萬國法律事務所

After typhoon Morakot hit Taiwan with devastating effect in August of this year, Taiwan’s Executive Yuan plans to apply new regulations to limit and restrict land development in mountainous areas and near reservoirs. It is believed that hot spring resorts and hotels will be the most affected industries of the new regulations.

"Preservation first" is the primary rationale behind these new regulations. As most of the damage caused by typhoon Morakot happened in mountainous areas, the relevant authorities intend to expand the borders of those areas regarded as "environmentally sensitive regions" so as to limit and restrict further development therein. The Ministry of Internal Affairs and local governments will identify the areas where excessive construction, cultivation, and or deforestation exist. If necessary, the relevant authorities may expropriate those lands as a precaution against the possible occurrence of natural disasters in the future.

According to the proposed regulations, some famous scenic spots in Taiwan, such as Lu-Shan in Nantou Country and Bao-Lai in Kaohsiung County, will be designated as preservation areas. The villagers located in those areas will be required to relocate to other areas. As this requirement may deprive some people of private properties, it is proposed in the regulations that the Government should provide monetary compensation or a transfer of lands by the surface area ratio as a remedy. The Government believes that such remedies may provide affected residents in the preservation areas incentives to comply with the new territorial administration.