關於土地徵收，我國傳統行政法實務上於徵收之補償金額，係採相當補償或合理補償原則，〈土地徵收條例〉修正後，現行法則改採全額補償原則，即市價補償；而對於徵收之執行，司法院大法官則釋示應採取儘速補償原則。若土地已經地方政府公告預定徵收，卻因故未能執行，亦未撤銷公告，導致土地所有權人長期無法合理使用或處分土地，倘此類保留徵收所致之徵收損害，已逾越所有權社會義務性的可容忍範圍，則轉為國家之侵權，關於被害人財產損害之填補，乃可主張國家賠償。

The price of land compulsory purchase, according to the traditional Taiwan administrative law in practice, was based on quite or reasonable compensation. However, since the Land Compulsory Purchase Act was revised, it has been changed to full compensation based on market price. The Grand Justices of the the Judicial Yuan further claimed that the compensation for compulsory purchase of private lands should be made promptly. If the local government reserved the land for ccompulsory purchase but for some reason did neither execute nor abandon the project for a long time, it could cause the loss of the owner's property interest. Therefore, if the situation goes beyond the social obligation, the land compulsory purchase can be seen as state tort. The land owner should have the right to file a petition for state compensation.