These Rules are adopted in accordance with Article 62 of the Land Expropriation Act (referred to as “the Act” hereunder).

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The term “an interspersed odd piece of land” referred to in Paragraph 4, Article 3-1 of the Act shall mean arable or pastoral land in a special agricultural zone interspersed in the undertaking project area. The area of such lands is not more than 0.25 hectare individually and aggregately comprises not more than 10 per cent of the total area of the undertaking project. However in consideration of the intactness of the undertaking project, the area or proportion of such lands may be increased by up to 10 per cent.
The term “infrastructure project already approved by the Executive Yuan” referred to in Paragraph 4, Article 3-1 of the Act shall mean a major construction project determined as such in a review conducted by the central competent authority in charge of the relevant industry in consultation with relevant authorities on the project’s policy direction, total mass control, reasonableness, lack of substitution for the use of arable or pastoral land in the special agricultural zone and other matters, and approved by the Executive Yuan following the established procedure.

If any zone expropriation covers the multiple administrative jurisdictions of municipalities or counties (cities), the zone expropriation operation shall be carried out by each individual administrative jurisdiction. When necessary, joint operation may be carried out followings consultation and discussion.

The determination of a circumstance as described in Subparagraph 3 or 4, Paragraph 1, Article 5 of the Act shall be undertaken by the municipal or county (city) competent authority together with other relevant authorities.

After the public announcement of expropriation of a land improvement, if the owner of said improvement requests the possession of improvement and moves it by himself within fifteen (15) days after the expiration of public announcement period, the municipal or county (city) competent authority shall dispense relocation fees and requests the revocation of the originally approved simultaneous expropriation of land improvement according to the established statutory procedure.

The owners who may apply for simultaneous expropriation of remaining land or constructional improvement under Article 8 of the Act are the original owners of the expropriated land or construction improvement, or if the original owner is deceased, the person whose name is recorded in the register if the registration of inheritance is completed, or all rightful inheritors if the registration of inheritance has not been completed.
In case the simultaneously expropriated remaining land or constructional improvement is jointly owned, each co-owner may apply for the simultaneous expropriation of their respective holding.

For any application for simultaneous expropriation of remaining land or constructional improvements under Paragraph 1, Article 8 of the Act, the municipal or county (city) government shall meet with the land use applicant, the owner applicant, and other relevant authorities to conduct onsite survey jointly and produce a survey record. If the application is found to comply with the rules, the municipal or county (city) competent authority shall request the land use applicant to submit the case to the Central Competent Authority for approval; if the application does not comply with the rules, the municipal or county (city) competent authority shall report to the Central Competent Authority for approval and notify the owner applicant of its decision. If the owner applicant does not meet the requirement set out in Paragraph 1 of the preceding article or the application is filed past the statutory time period, the municipal or county (city) competent authority shall directly report to the Central Competent Authority for approval and notify the owner applicant of its decision without conducting an onsite survey.
When the onsite survey is conducted according to the preceding paragraph, any differing opinions expressed by the owner applicant shall be clearly entered into the survey record.

When the original landowners apply for the redemption of their land ownerships under Article 9 of the Act, they may apply concurrently for the redemption of remaining land which has been simultaneously expropriated according to Article 8 of the Act. However the land administration authority may reject the application if the remaining land has been transferred or used for other purposes.
Unless a concurrent application for redemption of land ownership is made, original landowners may not apply separately for the redemption of remaining land which has been simultaneously expropriated according to Article 8 of the Act.

For any application for the redemption of land ownerships under Article 9 of the Act, the municipal or county (city) competent authority shall meet with the land use applicant, the owner applicant, and other relevant authorities to conduct onsite survey jointly, and produce a survey record and make a suggestion on whether to agree to the redemption application. The case shall then be submitted to the original expropriation approving authority for approval.
In case of any of the following situations, the municipal or county (city) competent authority shall directly report to the original expropriation approving authority for approval and notify the owner applicant of its decision without conducting an onsite survey according to the preceding paragraph:
1. The applicant is not the original landowner or all of his inheritors. However, one of the inheritors apply for the common interests of the all inheritors with stating the reasons, then take actions according to the preceding paragraph.
2. The application is filed past the statutory time period.
3. The original landowner applies for redemption according to Subparagraph 1, Paragraph 1, Article9 of the Act within three years from the date when the payment of compensation was completed.
4. Before the expiration of use term as stipulated in other laws, the original landowner applies for redemption of land ownerships on the grounds that the land use applicant has not commenced using the land according to the expropriation plan.
When the onsite survey is conducted according to the first paragraph, any differing opinions expressed by the owner applicant shall be clearly entered into the survey record.