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Chapter Law Content

Title: Land Act CH
Category: Ministry of the Interior(內政部)
Part I. General Principles
Chapter V. Readjustment of Land Rights
Article 28
The Special Municipal, or County (City) Government may, in the light of local conditions and with due regard to the different categories and the nature of land, prescribe limits on the maximum area of private land which individuals or corporate bodies may own respectively.
The limits on the maximum area of private land prescribed according to the provisions of the preceding paragraph shall be subject to the approval of the Central Land Administration.
Article 29
Wherever limits are prescribed on the area of private land according to the provisions of the preceding Article, the competent Special Municipal or County (City) Government shall formulate measures requiring that all lands in excess of the prescribed limits shall be set apart and sold within a definite period of time.
All private lands in excess of the prescribed limits that are not set apart and sold according to the provisions of the preceding paragraph may be expropriated by the competent Special Municipal or County (City) Government according to the provisions of this Act.
Compensation for the lands expropriated according to the provisions of the preceding paragraph may, in the light of actual conditions, be paid partly with land bonds.
Article 30
Cancelled.
Article 30-1
Cancelled.
Article 31
The Special Municipal or County (City) Land Administration Agency may, in the light of local economic conditions and with due regard to the nature of land and the use to which it is put, prescribe minimum units for the different categories of land lying within their jurisdiction and prohibit any subdivision of such units.
The minimum units prescribed according to the provisions of the preceding paragraph shall be subject to the approval of the Central Land Administration.
Article 32
The Special Municipal or County (City) Government may set maximum limits to the amount of debts which may be contracted by any owner-cultivator on account of his farmland, and such limits shall be reported to the Central Land Administration for record.
Article 33
Cancelled.
Article 34
Cancelled.
Article 34-1
For the disposal of ownership, or changes of, or setting encumbrance of superficies, Agricultural Right, Servitude of real property, or dien over co-owned land or constructional improvements, the consent of more than half of the Co-owners whose holding of ownership is more than half of the total share shall be required. But if the holding of ownership is more than two thirds, the numbers of consenting co-owners need not be taken into account.
Before the disposal of ownership, or changes of, or setting encumbrance over co-owned land or constructional improvements according to the provisions referred to in the preceding paragraph, the co-owners shall notify other co-owners in writing in advance. The co-owners shall make a public announcement in case there is difficulty notifying other co-owners in writing.
The co-owners referred to in Paragraph one are liable for the repayments or compensation which other co-owners are entitled to. When applying for the registration of changes in land rights, the co-owners shall submit the evidence of other co-owners being paid or the payment being deposited to the local court. If other co-owners will be granted with property ownership as a result of the said change, the co-owners shall apply, on behalf of other co-owners, for the registration of the said change.
When co-owners dispose of their shares of ownership, other co-owners shall have preferential right, individually or jointly, to purchase the said shares on the same terms as are offered to any other person.
The provisions of Paragraph one to four, mutatis mutandis, apply to co-ownership-in-common.
When co-owners fail to reach an agreement, by themselves, of the subdivision of co-owned land or constructional improvements of which subdivision is allowed according to Act, any co-owner may apply to the competent Special Municipal or County Land Administration Agency for conciliation. Any party who refuses to abide by the terms of the conciliation shall, within 15 days of receipt of the notice of the said terms, bring the case before the judicial authorities for settlement. If he fails to bring the case before the judicial authorities within the said time limit, the terms of the conciliation shall be carried out accordingly.
Article 34-2
In order to settle property disputes, the Committee on Property Dispute Conciliation shall be set up by the Special Municipal or County Land Administration Agency. The Committee shall employ members with land administration, construction, and legal backgrounds together with local distinguished persons. Rules governing the organization of the Committee on Property Dispute Conciliation, the conditions for the application for conciliation, the procedure, the time limit, conciliation fees and other matters to follow shall be formulated by the Central Land Administration.
Article 35
The creation of owner-cultivated farms shall be regulated by separate Act.