By land use shall be meant the utilization of land through the application of labor and capital.

The Special Municipal or County (City) Land Administration Agency may, in consultation with other government authorities concerned, classify the lands under its jurisdiction into different categories for specific uses with reference to national economic policies and due consideration of local needs and the possible uses for which the nature of the lands is suitable.

Any land which is classified for a specific use shall not be put to some other use, unless such other use is approved by the competent Special Municipal or County (City) Land Administration Agency.

Any land which is classified for a specific use may continue to be utilized for its original purpose pending the time when such specific use begins.

The classification of lands into different categories for specific uses or any subsequent changes therein shall be made by the competent Special Municipal or County (City) Land Administration Agency and announced by the Special Municipal or County (City) Government.

After the classification of lands into different categories for specific uses has been announced, the superior Land Administration may issue instructions to make changes therein, if, in its judgment, some more important interests are to be served thereby or some more important uses justify such change.

In respect of agricultural lands under its jurisdiction, the Special Municipal or County (City) Land Administration Agency may, in consultation with the competent agriculture and forestry authorities, prescribe the size of collective farms to be operated according to the methods of collective farming.
Regulations governing collective farms shall be separately prescribed by Act.

Any land which is classified for constructional use but is not so used according to Act shall be regarded as vacant land.
Any land on which the value of constructional improvements is less than 20 per cent of its declared land value shall be regarded as vacant land.

Any land which is classified for agricultural use or for other purposes of direct production but is not so used according to Act shall be regarded as uncultivated land. But this provision shall not apply to lands lying fallow as necessitated by agricultural production.

In respect of private vacant lands and uncultivated lands under its jurisdiction, the Special Municipal or County (City) Land Administration Agency may mark off areas and prescribe a time limit within which such lands shall be duly used according to law.
If the private uncultivated lands referred to in the preceding paragraph are not duly used according to Act after the expiration of the prescribed time limit, the competent Special Municipal or County (City) Government may purchase them at their declared values.

In cities and municipalities, lands to be used for roads, ditches, sewers, and other public purposes shall be delimited in advance accordingly to the City Planning Act.

All the lands in cities and municipalities may, according to the City Planning Act, be demarcated into one area wherein the use of land is subject to restrictions and another area wherein the use of land is free.

The Government may, according to Act, expropriate all the lands or part of them in a newly establish urban for the purpose of readjustment and consolidation in accordance with the Urban Planning Law, and resell the consolidated plots individually and severally at the purchase price originally paid plus an additional charge to cover the expenses required for replanning.
The lands subject to expropriate according to the provisions of the preceding paragraph may be so expropriated at different times and offered for development area by area. The lands in areas not yet offered for development may be reserved for expropriation, and any use thereof which obstructs the execution of the urban plan shall be prohibited.

Lands which have been announced to be used as roads or for other public purposes according to the urban plan may be reserved for expropriation, and any construction thereon shall be prohibited except structures of a temporary nature.

In cities and municipalities, an appropriate number of reserve houses shall be built by the Government and leased to citizens for residence. The rental of the houses referred to in the preceding paragraph shall not exceed an amount equivalent to an annual interest of 8 percent on the total value of the land and the buildings thereon.

In order to relieve housing shortage, the Special Municipal or County (City) Government may, with the approval of the Executive Yuan, reduce or remit both the land tax and the improvements tax on those lands whereon new houses are built and fix a time limit for such reduction or remission.

In cities and municipalities, necessary restrictions on the number of rooms to be occupied by each citizen for his own dwelling may, with due regard to local conditions, be prescribed by the Special Municipal or County (City) Government; but such restrictions shall be subject to the approval of the local assembly.

In cities and municipalities, house rentals shall not exceed an amount equivalent to an annual interest of 10 per cent on the total declared value of the land and the buildings thereon.
If any house rental already agreed upon exceeds the amount prescribed in the preceding paragraph, the competent Special Municipal or County (City) Government may compulsorily reduce it to the limit prescribed in the preceding paragraph.

Where cash deposit is paid as security for the lease of a house, the interest on such cash deposit shall be deemed as part of the house rental.
The rate of interest referred to in the preceding paragraph shall be the same as that by which the house rental is computed.

The cash deposit referred to in the preceding Article shall not exceed the total amount of two months’ house rental.
If the cash deposit already paid exceeds the limit prescribed in the preceding paragraph, the lessee may use the excess deposit to counterbalance the house rental.

The lessor shall not take back his house unless one of the following conditions obtains:
(1)The lessor takes the house for his own residence or for reconstruction.
(2)The lessee subleases the house in violation of Paragraph one, Article 443 of the Civil Code .
(3)The cumulative amount of house rental which the lessee has failed to pay exceeds the equivalent of two months’ rental, after the entire cash deposit has been used to counterbalance the amount in arrears.
(4)The lessee puts the house to illegal use in violation of Acts or ordinances.
(5)The lessee violates the terms of the lease contract.
(6)The lessee causes damage to the house or the fixtures and fails to pay due compensation.

Any dispute arising out of the lease of a house may be submitted to the competent Special Municipal or County (City) Land Administration Agency for conciliation. Any party to the dispute who refuses to abide by the terms of conciliation may bring the case before the judicial authorities for adjudication.

Where a building site is leased for house construction, the lessor and the lessee shall, within two months after the contract is concluded, apply to the competent Special Municipal or County (City) Government for the registration of the right of superficies over the said site.

The lessor shall not take back the site leased for house construction unless one of the following conditions obtains:
(1)The period of the contract has expired.
(2)The lessee puts the site to illegal use in violation of Acts or ordinances.
(3)The lessee subleases the site to another person.
(4)The cumulative amount of the rental which the lessee has failed to pay exceeds the equivalent of two years’ rental, after the entire cash deposit has been used to counterbalance the amount in arrears.
(5)The lessee violates the terms of the lease contract.

When the building site is offered for sale, the lessee shall have preferential right to purchase it on the same terms as are offered to any other person, and when the house on the leased site is offered for sale, the owner of the site shall have preferential right to purchase it on the same terms as are offered to any other person.
The preferential right referred to in the preceding paragraph shall be deemed to have been waived, if the said lessee or owner does not express his intention to make the purchase within ten days upon receipt of the sales notification.

The provisions of Articles 97, 99 and 101 shall, mutatis mutandis, apply to the lease of building sites for house construction.

By lease of farmland shall be meant the use of another personr house constructiod for the purpose of cultivation by oneself by paying a rent therefor.
The term “cultivation” referred to in the preceding paragraph shall include fishing and pasturing.

When the lessor offers his farmland for sale or dien, the lessee shall have preferential right to purchase it or accept the dien on the same terms as are offered to any other person.
The provisions of Paragraph two of Article 104 shall, mutatis mutandis, apply to the purchase or dien referred to in the preceding paragraph.

The lessee shall not, even with the consent of the lessor, sublease the whole or part of the leased farmland to another person.

Any farm lease contract for a definite period shall, unless the lessor takes back the land for his own cultivation on the expiration of the contractual period, be deemed to have been renewed for an indefinite period, if the lessee continues to cultivate the said land.

Farm rent shall not exceed 8 per cent of the value of the land. If any contractual or customary rent exceeds 8 per cent of the value of the land, it shall be reduced to 8 per cent; if it is less than 8 per cent, it shall remain unchanged.
“The value of the land” referred to in the preceding paragraph shall mean the statutory value of the land, or, in localities where the value of land has not been assessed according to Act, the average value of the land for the last three years.

The lessee of a farmland may, according to custom, pay the rent with farm crops in lieu of cash.

The lessor of a farmland shall not collect farm rent in advance. But if cash deposit is payable according to local custom as security for the lease of a farmland, the amount of such deposit shall not exceed one-fourth of the annual rent.
The interest on the cash deposit referred to in the preceding paragraph shall be deemed as part of the farm rent, and its rate shall be determined by the general rate of interest prevailing in the locality.

If the lessee is unable to pay the rent in full when due, but pays only a fraction thereof, the lessor shall not refuse to accept such payment, nor shall the lessee presume that the acceptance of such payment indicates the lessor’s consent to a reduction of rent.

Any farm lease contract for an indefinite period may be terminated only under any one of the following conditions:
(1)Where the lessee dies without leaving an heir.
(2)Where the lessee waives his right of cultivation.
(3)Where the lessor takes back the farmland for his own cultivation.
(4)Where the farmland is to be put to some other specific use in accordance with Act.
(5)Where the lessee violates the provisions of Article 432 and paragraph two of Article 462 of the Civil Code.
(6)Where the lessee violates the provisions of Article 108.
(7)Where the cumulative amount of the rent the lessee has failed to pay is equivalent to the total of two years’ rent.

If the lessee intends to waive his right of cultivation, he shall declare his intention to the lessor three months in advance. Non-cultivation for one full year by the lessee for any cause other than force majeure shall be considered as a waiver of the right of cultivation.

Where a farm lease contract is to be terminated according to the provisions of Sections (3) or (5) of Article 114, the lessor shall notify the lessee of the intended termination one year in advance.

Where the farmland taken back by the lessor for his own cultivation is again offered for lease, the original lessee shall have preferential right to accept the lease. Where the said land is again offered for lease within a year from the date when it was taken back by the lessor, the original lessee may acquire the lease on identical terms as those agreed upon in the original lease contract.

The lessor shall not exercise the right of retention provided for in Article 445 of the Civil Code over such farm implements, livestock, fertilizers, and farm products of the lessee as are necessary for cultivation.

By special improvements on farmland shall be meant improvements resulting from the increased application of labor and capital which, besides preserving the original qualities and utility of the land, increases its productivity or facilitates its cultivation.
The lessee may freely make the special improvements referred to in the preceding paragraph, but he shall notify the lessor of the amount of the outlay incurred thereon.

When any farmland is returned to the lessor on the termination of the lease contract according to the provisions of Section (2), (3), (5) or (6) of Article 114, the lessee may claim from the lessor repayment of the outlay incurred on the special improvements referred to in Paragraph two of the preceding Article, but such repayment shall be limited to the cost of that part of the special improvements which has not lost its utility.
The provisions of the preceding paragraph shall apply mutatis mutandis, when the right of perpetual lease (yungtien) is revoked according to the provisions of Articles 845 and 846 of the Civil Code.

The lessor of any farmland who supplies the lessee with draft animals, seeds, fertilizers, and other implements of production may, besides conforming to the provisions of Articles 462 and 463 of the Civil Code, charge a reasonable fee therefor in addition to the farm rent, if such fee is stipulated in the lease contract; but such fee shall not exceed an amount equivalent to an annual interest of 10 per cent on the value of the things supplied.

Any dispute arising out of the lease of a farmland between the lessor and the lessee may be submitted to the competent Special Municipal or County (City) Land Administration Agency for conciliation. Any party to the dispute who refuses to abide by the terms of conciliation may bring the case before the judicial authorities for adjudication.

In case of any crop failure, the competent Special Municipal or County (City) Government may, in the light of actual crop conditions in the current year, make decisions on the reduction or remission of farm rent in the affected localities, but such decisions shall be subject to the approval of the local assembly of people’s representatives.

The provisions of Articles 107 to 113 inclusive and of Article 121 shall, mutatis mutandis, apply to lands subject to perpetual lease (yungtien).

The competent Special Municipal or County (City) Land Administration Agency shall complete within a definite period of time the survey of public uncultivated lands under its jurisdiction and formulate a program for the use of such lands.

On public uncultivated lands suitable for cultivation, except those reserved by the government for its own use, the competent Special Municipal or County (City) Land Administration Agency shall, in conjunction with the competent agriculture and forestry authorities, delimit reclamation areas, prescribe reclamation units and fix a definite period of time in which to call for settlers.

Where private uncultivated lands are purchased by the competent Special Municipal or County (City) Government according to the provisions of Article 89, they shall be open to settlement after irrigation works and soil improvement have been completed.

Settlers on public uncultivated lands shall be limited to citizens of the Republic of China.

Settlers on public uncultivated land shall be of the following two types:
(1)Farming cultivated lands themselves.
(2)Agricultural production cooperatives.
The agricultural production cooperatives referred to in the preceding paragraph shall be limited to those that have been duly registered according to Act and whose component members cultivate land themselves.

Public uncultivated land to be applied for by a settler shall be limited, in the case of a farming family, to a single reclamation unit, and in the case of an agricultural production cooperative, to such a number of reclamation units as do not exceed the number of its competent farming family members who cultivate land themselves.

Any settler shall commence reclamation work within a year from the date when he receives the certificate of reclamation, and the time limit in terms of years for the completion of the reclamation work shall be fixed by the competent agricultural and forestry authorities. If any settler fails to commence reclamation work within the prescribed period, the certificate of reclamation issued to him shall be revoked.

If any settler fails to complete the reclamation work within the prescribed time limit, the certificate of reclamation issued to him shall be revoked; but if such failure is due to force majeure, he may request the competent agriculture and forestry authorities for an extension of the time limit.

Any settler shall, from the date when the reclamation work is completed, acquired gratis the right of cultivation over the reclaimed land, and shall, in accordance with Act, apply to the competent Special Municipal or County (City) Land Administration Agency for the registration of the said right. If he has continued to cultivate such land for ten full years, he shall acquire the ownership thereof gratis.
The right of cultivation referred to in the preceding paragraph shall not be transferred, but this provision shall not apply to inheritance by or donation to legitimate heirs.
The reclaimed land referred to in the first paragraph may be exempted from the land tax for a period of two to eight years at the discretion of the competent Special Municipal or County (City) Government.

Where the reclamation of public uncultivated lands can not be done by farming families or agricultural production cooperatives, a government reclamation office may be established to carry out the reclamation work thereon.

The Special Municipal or County (City) Land Administration Agency may, with the approval of its superior authorities, mark out consolidation areas in the territorial limits under its jurisdiction and carry out land consolidation and demarcate anew the plots of land in such areas in any one of the following cases:
(1)Where a city planning project is to be implemented.
(2)Where the plots are so small or so narrow in size as to be unsuitable for purposes of construction.
(3)Where farmland is so ill distributed as to be unsuitable for farming or unfavorable to drainage and irrigation.
(4)Where scattered small plots are to be exchanged or consolidated to form standard farms.
(5)Where collective farms are to be set up the introduction of mechanical farming.

The consolidated plots of land shall be redistributed to their original owners in proportion to the area or value of the original plots, but if, owing to practical difficulties, they cannot be redistributed in exact proportion to the area or value of the original plots, due compensation thereof shall be paid instead.

Where plots of land are so small or narrow in size that their area is smaller than the minimum unit prescribed in Article 31, such plots may be abolished as independent units or consolidated by consolidation.

In areas subject to consolidation, parks, roads, embankments, dikes, ditches, sewers, and other lands used for public purposes may be put to a different use or abolished, or new ones be set up, by consolidation.

After the consolidation of land, the landowners who have sustained loss thereby shall be compensated by those who have gained thereby. The compensation for the value of lands used as roads or for other public purposes shall be paid by the Government.

If, within thirty days from the date when any project of land consolidation is announced, objections to the project are raised by more than half of the interested landowners who own among themselves over half of the total area of the lands to be consolidated, excluding public lands, the competent Special Municipal or County (City) Land Administration Agency shall immediately report the case to its superior authority for instructions.

The land consolidation provided for in Article 135 may be initiated by a joint request of more than half of the landowners who own among themselves over half of the total area of the lands to be consolidated, excluding public lands, and be carried out upon approval by the competent Special Municipal or County (City) Land Administration Agency.

In newly created cities the consolidation of land shall be carried out before the land is offered for development area by area.