Taoyuan Aerotropolis is the largest zone expropriation case in Taiwan. The plan for development centred around Taoyuan Airport, the largest and busiest in Taiwan located 40km west of Taipei, encompasses over 4,500 hectares. The megaproject is fraught with controversies, not least because it is estimated that at least 6,000 households will be impacted by land expropriation for the first phase, covering an area of 2,599 hectares. But expropriation for Taoyouan Aerotropolis will be constrained by a June 2023 ruling from the Taipei High Administrative Court. The Taiwan Association for Human Rights reported that a lawsuit calling for cancellation of Taoyuan Aerotropolis land expropriation obtained a favourable ruling with most of the plaintiffs winning their cases.

The lawsuit discussed issues of public interest, necessity and proportionality principles regarding land expropriation. Representing the legal team, Xiong Yiling (熊依翎) expressed gratitude for the court’s judgement which allows for preservation of the plaintiffs’ land and homes. In this case it was found that clients’ land was not expropriated for public interest or necessity. Lu Xueshin (呂學信), representing plaintiffs from both sides of Yugang Road, north of Taoyuan Airport where a third runway is planned, said that their community was not within the scope of Taoyuan Aerotropolis for many years. But they were forcibly included after residents in a neighbouring area petitioned for their inclusion. Lu Xueshin said the land is not needed to construct a third runway and was expropriated due to others’ private interests. Wu Mingzhe (吳明哲), representing Ziqiang Community plaintiffs located near the airport entrance, stated that the area was supposed to remain residential. However, without the knowledge of residents, a large group of other residents expressed their wishes to be included in expropriation plans. As a result a large area of the community was included in expropriation plans, in spite of a 2019 plan for preserving the Ziqiang community and a public hearing establishing that those who refuse to be expropriated can be excluded.

Yu Yicha (余宜家), Deputy Secretary-General of the Taiwan Association for Human Rights, said that the locations of the plaintiffs were excluded from the expropriation plan for many years, or neighboured almost identical lands not requiring expropriation, demonstrating that these areas do not need to be expropriated and keeping their land does not hinder construction of Taoyuan Aerotropolis. Futhermore, Taiwan’s land expropriation system, a system rarely seen in democratic countries, has been heavily criticised becasue of the large areas and numbers of households affected and violation of people’s housing and property rights. The Taiwan Association for Human Rights welcomed the Taipei High Administrative Court’s careful consideration of the serious infringement of people’s basic rights and a verdict marking a significant milestone in Taiwan’s land expropriation system. They urged the relevant authorities to review the Taoyuan Aerotropolis plan as a whole and negotiate with residents to return expropriated land.

The land expropriation case is one of five lawsuits relating to Taoyuan Aerotropolis, assisted by non-governmental organisations including Taiwan Association for Human Rights, Taoyuan Aerotropolis Anti-Forced Eviction, the Environmental Jurists Assoication and the Environmental Rights Foundation.