Where the transportation land for a transportation infrastructure project encouraged under this Statute involves change of urban planning, the competent authority shall coordinate with the government authority in charge of urban planning to effect changes in accordance with Article 27 of the Urban Planning Law, or if change of use of non-urban land is involved, to effect change of land classification after acquisition of the land through expropriation or appropriation.
The transportation land referred to in the preceding Paragraph shall mean the land needed for transportation routes, yards/stations, highway interchanges, service areas, and related ancillary facilities to the transportation infrastructure project referred to in Article 5.

Where the transportation land for a transportation infrastructure project encouraged under this Statute and the land within the limits of district or section of land to be expropriated in accordance with Article 12 hereof is government-owned, the competent authority may, after completing appropriation procedures, set up a time limit to lease or create superficies on the land to private entity(s) for use, and this shall not be subject to restrictions provided in Article 25 of the Land Law and Article 28 of the State Owned Property Law and rentals may be extended on favorable terms.
Measures governing favorable rentals referred to in the preceding Paragraph shall be stipulated by MOTC in conjunction with the Military of Finance(“MOF”).

Where the transportation land for a transportation infrastructure project encouraged under this Statute is private-owned, the competent authority may, depending on transportation construction requirements, effect expropriation thereof upon submission for approval in accordance with the law and may state in the expropriation plan that joint-development, entrusted development, and/or cooperative operation will be effected, or the land will be leased or superficies will be created thereon pursuant to the preceding Article to private entity(s) for developing, building and operating.

The competent authority shall consult with the urban planning authority and land office concerned to demarcate the boundaries of routes, yards/stations, highway interchanges, service areas, transit areas, harbors and related facilities, tourism and recreation facilities, bridges and tunnels and the neighboring area thereof, in areas with potential of being developed into a city, effect expropriation by zone or section by law upon approval of the Executive Yuan, and announce implementation of land development according to the urban plan within one year after expiry of the notice period of said expropriation without being subject to restrictions provided in Article 52 of the Urban Planning Law.
The land within the limits of district or section to be expropriated pursuant to the preceding Paragraph shall be handled after it is mapped out and put in order in the following manners and in accordance with relevant laws and ordinances of expropriation by zone or section:
1.The transportation land for routes, yards/stations, highway interchanges, service areas, bridges and tunnels and related ancillary facilities shall be registered as state, municipality or county (city) owned land without any consideration; provided that the title of the land for mass rapid transit systems shall be subject to the provisions in the Mass Rapid Transit Act.
2.The land for a transit area, harbors and related facilities, and tourism and recreation facilities shall be assigned to the competent authority at the price of development cost.
3.Other land suitable for construction shall be disposed by the competent authority in conjunction with the relevant municipal or county (city) government according to the ratio of development cost shared by them.
The competent authority may lease or create superficies on the land acquired pursuant to the preceding Paragraph to private entity(s) in accordance with Articles 10 and 15 hereof, or use, collect benefits therefrom and dispose of the land without being subject to restrictions provided in Article 25 of the Land Law and Article 28 of the National Property Act. Measures governing such disposition shall be promulgated separately.

To expedite acquisition of transportation land referred to in Article 11, the competent authority may coordinate with the administrative authority in charge of government-owned land or government enterprises to formulate development plans for the land administered or owned by them, develop/dispose of the land by law, and make available a certain area of land and/or buildings by offsetting compensation which should have been received by them.
The amount of compensation for land expropriated and price of land and building to be retrieved by land owners after development of the land as referred to in the preceding Paragraph shall be calculated on the same basis. Upon application, a land owner shall, during the period of the public notice of land expropriation, submit relevant certification documents and a written undertaking not to take land compensation from the land office of local city/county government. After the application is approved by the competent authority, compensation for land shall be deemed complete and the competent authority shall notify the relevant administrative authority of the government-owned land or government enterprise.
Development or disposition of government-owned land referred to in Paragraph 1 shall not be subject to restrictions provided in Article 25 of the Land Law and Article 28 of the National Property Act.
Regulations governing the development, disposition and offset basis relating to owners of expropriated land retrieving developed land and/or buildings as referred to in Paragraph 1 and the implementation date thereof shall be promulgated by MOTC in conjunction with the Ministry of Economic Affairs(“MOEA”), Ministry of Interior(“MOI”), MOF, and the municipal government concerned and submitted to the Executive Yuan for approval.

To effectively utilize transportation land, the competent authority may, after coordinating with MOI or the municipal government concerned, adjust or properly relax land use zoning control or regional land use control, and develop and build the land for use by the following businesses:
1.Transportation service and commercial businesses;
2.Parking service;
3.Transportation vehicle maintenance service; and
4.Petrol stations service.

A private entity encouraged under this Statute may acquire land prescribed in Article 12 by way of lease or creation of superficies for development and operate thereon business as referred to in the preceding Article. Gains therefrom shall be considered as income from ancillary business of a transportation infrastructure project and included in the overall financial gains of the transportation infrastructure project.
If operation of said business as referred to in the preceding Paragraph requires approvals from other relevant authorities in accordance with the law, such approval(s) shall be applied for.

The approved period of use of land expropriated under Article 11 and 23 shall be subject to the period provided in the approved plan. In case the competent authority fails to use the land in accordance with the approved period in the plan, the original land owner may, within five(5) years from the following day of expiry of the approved period, apply for return of the land at the original expropriation price with the land office of county(city) government concerned.

Upon approval of superior authority in respect the transportation land for transportation infrastructure projects encouraged under this Statute, the competent authority shall notify the municipal or county(city) government where the land is located to publish a notice prohibiting the following:
1.Transfer, division of or creation of encumbrance on the land.
2.New construction, expansion or reconstruction of buildings on or excavation of soil or gravel from or deforming the land.
The prohibition period referred to in the preceding Paragraph shall not be more than two(2) years.

For maintaining the safety of building and operation of a transportation infrastructure project encouraged under this Statute, the competent authority may consult with the local municipal or county(city) government to make a survey, to demarcate the restricted areas adjacent to the transportation infrastructure project, and to publish the same for prohibiting and restricting the construction or erection of government/private owned buildings and advertising structures within such restricted areas, without being subject to the land use zoning control or regional land use control under the urban planning. With regard to the buildings, advertising structures and other obstacles which are under construction or already in existence within such restricted areas and which impede the safety of the building and operation of said transportation infrastructure project, the competent authority may instruct or consult with the local authority in charge of constructions to set a time limit for modification or removal thereof by the owner. Failure to do so on the part of the owner within the given time limit shall cause a compulsory removal thereof, provided however, that the owner shall be entitled to a reasonable amount of compensation; and if the owner objects to the amount of such compensation, the case shall be referred to the superior competent authority for decision.
Regulations governing the prohibition and restriction of construction referred to in the preceding Paragraph shall be prescribed jointly by MOTC and MOI.

Where a transportation infrastructure project to be built by a private entity encouraged under this Statute needs to pass through over or under government or private owned land, an agreement shall be entered into with the relevant administrative authority of land or the land owner in respect of the scope of space required so as to obtain the superficies for the use of such land. If such an agreement cannot be reached on a government-owned land, said private entity shall apply, through the competent authority concerned, to the Executive Yuan for final decision without being subject to the restrictions provided in Article 25 of the Land Law. If such an agreement cannot be reached on a private-owned land, the superficies related to said land shall be obtained by the government mutatis mutandis in accordance with the regulations governing expropriation of land and shall thereafter be leased to said private entity for its use, with the preferential rental to be determined mutatis mutandis in accordance with the provisions of Article 10 hereof.
In the event the land referred to in the preceding Paragraph becomes not suitable for proper use due to the passing through of the route of the transportation infrastructure project constructed under this Statute, the land owner may, during the period from the start-up date of the construction till the elapse of one year after the commencement date of operation of said transportation infrastructure project, apply to the competent authority for expropriation of the ownership of said land, and the competent authority concerned shall not reject such application. The value of the land so expropriated shall be compensated for in accordance with the applicable law; provided, however, that the consideration originally paid for obtaining the superficies on said land shall be deducted therefrom.
Regulations governing the procedures for use of the space over or under the land, the scope of such use, the demarcation of the boundaries and creation of superficies, land expropriation, land value compensation, and the registration and approval of land title alteration referred to in the preceding two Paragraphs shall be prescribed by MOTC in conjunction with MOI.

Where a private entity encouraged under this Statute plans to build a transportation infrastructure project above or underneath a city road, highway, railroad, or other transportation systems or public facilities, it shall obtain a prior approval from the respective competent authorities concerned. If co-installation or co-construction is required, the competent authority shall assist said private entity in obtaining prior consents from the respective competent authorities concerned before proceeding with the proposed construction project. Upon failure to obtain the prior approval from or to conclude a satisfactory coordination with the respective competent authorities concerned, a report of the case stating therein the reasons thereof shall be submitted, through the competent authority, to the Executive Yuan for final decision before proceeding with the proposed construction project.

Where a private entity encouraged under this Statute needs to make site survey, exploration, or to perform engineering work or maintenance work on government/private owned land or building, it may, after obtaining approval of the competent authority and giving a 15-day prior notice to the owner, possessor, user or administrator of such government/private owned land or building, have access to or use such land or building, and the owner, possessor, user or administrator of such land or building shall not refuse to provide such access or use; provided, however, that in serious damage to public interests, said private entity may enter or use such land or building without following the above-said procedure.
The private entity when entering or using a private-owned land or building pursuant to the proviso of the preceding Paragraph, shall invite the head of the local rural office or local sub-district, or the police to attend the scene.
Where the entity into or use of the land or building under Paragraph 1 has caused any damage, a compensation for such loss shall be made. If there is any dispute on the amount of such compensation, the case shall be referred to the competent authority for a decision.

In making use of government/private owned land or building pursuant to the preceding Article, if it is necessary to destruct or dismantle the building or other works on the land in full or in part, the private entity concerned shall first report to the competent authority, and the competent authority shall consult with the local competent authority in charge of construction to order, pursuant to law and regulations, the owner, possessor or user thereof to effect such destruction or dismantlement. In case of emergency or failure to do so on the part of the owner, possessor or user thereof within a given period of time, the competent authority may forthwith, either on its own or entrust the local competent authority to enforce the compulsory destruction or dismantlement.
Reasonable compensation shall be made for the destruction and dismantlement as well as the damages arising from the destruction or dismantlement of the building or works under the preceding Paragraph. Should any dispute on the amount of such compensation arise, the case shall be referred to the competent authority for a decision.

The earth excavating/dumping site which is designated by the competent authority in conjunction with other relevant authorities based upon the needs of building transportation infrastructure projects encouraged under this Statute may be expropriated or appropriated by the competent authority to be subsequently provided for use by the private entity, through an arrangement of leasing or creating superficies.
If a private entity intends to make use of the earth excavating/dumping site pursuant to the preceding Paragraph, it shall prepare an earth excavating/dumping plan and submit the same to the competent authority for prior approval after the competent authority’s consultation with other relevant authorities.
If the land referred to in Paragraph 1 is acquired through expropriation, the competent authority concerned shall, after completion of the earth excavating/dumping, notify the land owner to buy the land back at the original expropriation price within six(6) months. Failure to buy back within such period shall be considered a waiver of such recovery right by the owner.
Provisions in Paragraphs 1 and 3 shall not be subject to restrictions provided in Article 28 of the National Property Act.

A private entity encouraged under this Statute may, based upon the needs of performing construction work, after reporting to the competent authority and obtaining approval from the relevant administering authority through the competent authority’s coordination, make use of a river, ditch, culvert, dike, road, park and other land for public use.