財產權保障為我國憲法第15條所明定，旨在確保個人依財產之存續狀態行使其自由使用、收益及處分之權能，並免於遭受公權力或第三人之侵害，從而實現個人自由、發展人格及維護尊嚴。司法院釋字第400號解釋要求國家「應依法律之規定辦理徵收給予補償」，然主管機關對公用地役關係既成道路應負之損失補償責任，無論是在司法或是行政實務上，皆未就特別犧牲狀態下，既成道路應予補償之事予以肯定。因此目前土地所有權人所受損失仍處在補償不相當、不合適之狀態，有違憲法保障人民財產權之意旨。
The protection of property rights is clearly in No. 15 of my constitution , which aims to ensure that individuals can exercise their rights to freely use, profit from and dispose of property according to the existing status of the property, and to be free from infringement by public power or third parties, thereby realizing personal freedom and development, personality and maintenance of dignity. Judicial Yuan Interpretation No. 400 requires that the state “should handle expropriation and provide compensation in accordance with the provisions of the law.” however, the competent authority’s liability for loss compensation for roads established under public easements has not been specifically stipulated in either judicial or administrative practice. In the state of special sacrifice, it is affirmed that the established path should be compensated. therefore, the current losses suffered by land owners are still in a state of inadequate and inappropriate compensation, which is contrary to the purpose of the Constitution to protect people's property rights.
