The term “land” referred to in this Act shall denote dry land, bodies of water, and natural sources of wealth.

Land is hereby classified according to its use into the following types:
Type I. Land used for construction, such as land for dwelling houses, government offices, public buildings, schools, factories, warehouses, parks, amusement centers, clubs, ancestral halls, temples, churches, city walls and battlements, barracks, fortresses, jetties, wharves, air bases, cemeteries, etc.
Type II. Land used for direct production, such as agriculture land, forest land, fisheries, pastures, hunting grounds, lands with mineral deposits, salt fields, sources of water, ponds, etc.
Type III. Land used for communication and water conservancy, such as highways and roads, canals and ditches, waterways, lakes, harbors, bays, coasts, embankments, dikes, etc.
Type IV. Other lands such as deserts, snowy mountains, etc.
Each of the preceding types of land may be subdivided into categories.

In the absence of any provision to the contrary, the land offices shall be responsible for the execution of this Act.

The term “public land” referred to in this Act shall denote land owned by the State, the Special Municipality, the County (City), the Township (City).

“Improvement on land” referred to in this Act shall be divided into two different kinds: constructional improvements and agricultural improvements.
Constructional improvements shall denote buildings or construction works affixed to land; agricultural improvements shall denote farm crops and other plants grown on land as well as improvement in irrigation and drainage and in soil.

The term “owner-cultivation” referred to in this Act shall mean cultivation done by the landowner himself. Cultivation directly managed by the land-owner for the maintenance of his family shall be regarded as owner-cultivation.

The term “land bonds” referred to in this Act shall mean bonds issued by the Land Bank according to Act.

Cancelled.

An Act governing the application of this Act shall be separately enacted.

All land lying within the territorial limits of the Republic of China shall belong to the Chinese people as a whole. Any part of the land whereof the ownership is lawfully acquired by an individual Chinese shall be private land.
Any land whereof private ownership is extinguished shall be owned by the State.

The kinds of rights to be created over land other than ownership shall conform to the provisions of the Civil Code.

Wherever private land becomes part of a lake or navigable waterway by the operation of natural forces, the ownership thereof shall be deemed to have been extinguished.
When any land referred to in the preceding paragraph reverts to its original condition and its original owner produces evidence to substantiate his original ownership, his ownership thereof shall be restored.

Where riparian land along lakes or waterways naturally accretes owing to the change of current, the owners of lands adjoining such accretions shall have the preferential right to acquire the ownership thereof, or to use them and enjoy incomes therefrom in accordance with Act.

Lands of the following descriptions shall not be privately owned:
(1)Lands lying within certain limits of the seacoast.
(2)Lakes of natural formation that are needed for public use and riparian lands lying within certain limits of the shores thereof.
(3)Navigable waterways and riparian lands lying within certain limits of the banks thereof.
(4)Waterways and lakes within the territorial limits of cities and townships, and riparian lands lying within certain limits of the banks thereof.
(5)Public thoroughfares.
(6)Lands with mineral springs.
(7)Lands where waterfalls pass over.
(8)Sources of water for public use.
(9)Scenic spots and historic remains.
(10)Other lands whereof private ownership is prohibited by Act.
Any land referred to in the preceding paragraph whereof private ownership has been acquired may be expropriated by the Government according to Act.
The ninth subparagraph in the first preceding paragraph shall not apply to the following circumstances:
(1)The scenic spots and historic were privately owned in the Japanese occupation period and registered as public owned after the recovery of Taiwan may be given away and transferred to private ownership by laws.
(2)State-owned enterprises and administrative corporations that need to manage or use the land of historical sites, and are recognized by the central cultural authority as being able to facilitate the preservation and maintenance of these sites through the transfer of ownership.

Minerals attached to any land shall not become private property, even if private ownership of the said land has been duly acquired.
The minerals referred to in the preceding paragraph shall be limited to those which are specified in the Mining Industry Act.

The Central Land Administration may refer the matter to the Executive Yuan to prohibit the transfer of ownership, the creation of encumbrance over, or the lease of any private land, if such transfer, encumbrance, or lease is considered to be inconsistent with national policies.

Lands of the following descriptions shall not be transferred or leased to foreigners, nor may encumbrance on them be created in favor of foreigners:
(1)Forest lands.
(2)Fisheries.
(3)Hunting grounds.
(4)Salt fields.
(5)Lands with mineral deposit.
(6)Sources of water.
(7)Lands lying within fortified and military areas and lands adjacent to the national frontiers.
The transfer referred to in the preceding paragraph shall not include the acquisition of land through inheritance. But the said land shall be disposed of to Chinese nationals within three years after the completion of the registration of inheritance. If the land is not duly disposed of within this time limit, the competent Special Municipal or County (City) Administration Agency shall transfer it to the National Property Bureau for public tendering. The procedure for public tendering provided by Article 73-1 shall, mutatis mutandis, apply.
The provisions referred to in the preceding paragraph shall, mutatis mutandis, apply to the acquisition of land, listed in (1) to (7) above, through inheritance before the revision of this Act, where the registration of inheritance has not yet been completed.

Only foreigners whose home countries, according to treaties or their domestic laws, entitle Republic of China nationals to the same rights may acquire land in Republic of China.

Foreigners may acquire land of the following usages for self use, investment and public welfare, but the area and location of such land shall be subject to restrictions imposed according to Act by the competent Special Municipal or County (City) Government:
(1)Residences.
(2)Business place, office buildings, shops and factories.
(3)Churches.
(4)Hospitals.
(5)Schools for the children of foreigners.
(6)Diplomatic and consular buildings and office buildings of organizations for the promotion of public welfare.
(7)Cemeteries.
(8)Investments helping important construction in the country, the economy as a whole, and agriculture and pasture, which have been approved by the central authority in charge of the business.
A regulation governing the procedure for application, documents to be attached, the method of examination and other regulatory matters shall be enacted by the Executive Yuan.

Foreigners shall file an application together with related documents to the competent Special Municipal or County (City) Government for approval if they intend to acquire land for the usages referred to in the preceding Article. This applies to where there is a change of usages for the land or a transfer of landownership except through inheritance. An acquisition according to Section (8) of the preceding Paragraph requires the advance approval of the central authority in charge of the business. The Special Municipal or County (City) Government shall decide whether an application within the terms of the preceding paragraph is to be approved within 14 days of receipt and shall then refer the matter to the Central Land Administration for examination after approval.
Foreigners shall use the land, acquired according to Section (8) of the preceding Paragraph, within the prescribed time limit and usage. Foreigners shall apply to the central authority in charge of the business for an extension with full explanation of the causes, if they fail to use the land within the prescribed time limit. The competent Special Municipal or County (City) Government shall instruct the landowners, if they fail to use the land according to the prescribed time limit and usage, to dispose of their land within three years of receiving such notification. If they fail to dispose of the land after the expiration of the said period, the competent Special Municipal or County (City) Government may directly invite a public tender, and return the proceeds to the landowners. Any improvements thereto may be disposed of together.
Rules governing the procedure for public tender, the calculation of proceeds, the treatment of objections and other matters to follow, shall be formulated by the Central Land Administration.

Cancelled.

Cancelled.

Cancelled.

Foreigners who have leased or purchased land and have the lease or purchase duly registered shall enjoy rights and be liable for obligations according to Acts and ordinances.

All public lands under the jurisdiction of the Special Municipal or County (City) Government shall not be disposed of, or encumbered, or leased for a period longer than ten years without the consent of the local assembly and the approval of the Executive Yuan.

Whenever any governmental organization of whatever level requires the use of public land, it shall consult with the competent Special Municipal or County (City) Government and shall submit, through the regular channels of official communication, a written request thereof to the Executive Yuan for approval and allocation.

The Special Municipal or County (City) Government shall include in their respective budgets all incomes from public lands under their jurisdiction.

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.

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.

Cancelled.

Cancelled.

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.

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.

Cancelled.

Cancelled.

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.

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.

The creation of owner-cultivated farms shall be regulated by separate Act.