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Title: Regulation for Expropriation of Science Park's Factory and its Related Structure with Compensation CH
Amended Date: 2018-11-23
Category: National Science and Technology Council(國家科學及技術委員會)
Article 1
The Procedural Rules are laid down in accordance with the provision in paragraph 4 of Article 19 of the Act for Establishment and Administration of Science Parks (hereinafter referred to as “the Act”).
Article 2
Under any of the conditions set forth under the provision of paragraph 2 Article 19 of the Act, the Science Park Bureau (hereinafter referred to as “the Park Bureau”) can expropriate with compensation private factory and its related building in the park from the said owner and notify the other obligees.
Article 3
The Park Bureau can rent or sell the expropriated buildings to units established in accordance with the provisions of Article 5 and 9 of the Act.
Article 4
When the Park Bureau handles the expropriation of building(s) structure(s) in accordance with the provision of Article 2, it has to set a date to invite the owner to negotiate for an agreement of purchasing the said building. If an agreement cannot be reached, the Park Bureau may expropriate at market value.
Article 5
In order to appraise the compensatory price of expropriation as set forth under the preceding article, the Park Bureau can establish an Arbitrational Committee of Private Structure for Expropriation Price of Science Park (hereinafter referred to as “the Committee”) and appoint nine (9) members to the Committee, and the Park Bureau can engage the following staffs as committee members and the Deputy Director General of the Park Bureau shall act as the convener:
1.One (1) Deputy Director General of the Park Bureau.
2.One (1) Division-Director expropriation in charge of the affair of the Park Bureau.
3.One (1) person in charge of the Park enterprise’s association.
4.Two (2) scholars or experts.
5.One (1) chief officer of bank encamped in the Park, which handles the checking and estimation of immovable properties.
6.One (1) representative from the association of architects located in the same County (City) as the expropriated buildings.
7.One (1) representative of Government Land Administration and one (1) representative of Revenue Service from the same location of County (City) as the expropriated buildings.
The preparation and notes of the preceding Committee shall be made by a staff dispatched by the Park Bureau.
Article 6
The procedures of expropriating the private structure are as follows:
1.The Park Bureau will send the agreement of compensatory price for the Committee’s appraisal. When the Committee has a meeting, it shall notify building’s owner to attend the meeting and state his opinion. After that, the owner shall leave the meeting immediately.
2.After the Committee has appraised the current value of building, that value is the price of expropriating the building concerned. The Park Bureau will then notify building’s owner in writing to so expropriate.
3.If owner is unwilling to accept the Committee’s appraised price, he can state the reason(s) within fifteen (15) days after the receipt of such notification and request the Park Bureau to re-appraise.
4.If owner has no objection to the Committee’s appraised price, the Park Bureau shall notify the building’s owner in writing of the appraised price with copies to the other obligees. Owner has to draw back money within twenty (20) days after the receipt of such notification and turn in the title deed and related certificates. If the money is not timely drawn back, it will be deposited and kept in accordance with law.
5.Other rights originally created over the building shall be deducted from the expropriation price by the Park Bureau, and that deducted amount shall be given to the said obligees. The remaining portion of expropriation price will then be given to the owner of the building.
6.After the completion of paying the money, the Park Bureau shall submit the related certificates to the Land Affairs Office to change the registration of the building’s title.
Article 7
The funds of Park Bureau to expropriate private buildings shall be budgeted by a foundation of the Park Bureau. If no budget is provided for, the Park Bureau has to raise funds to pay first and make up to list that budget in the next year.
Article 8
The original lease of land will be terminated on the date of completing the payment of compensatory money, and the Park Bureau will take back the land.
Article 9
The Procedural Rules shall become effective as of the date of promulgation.
The amended Article 5 on December 22, 2010 became effective on December 25, 2010.