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Chapter II The Extraction of Readjustment Area
Article 5
The metropolitan or the county / city competent authority shall apply transacting Rural Community Land Readjustment to the Central Competent Authority for approval as following circumstances:
1.The necessity of improving proper land use in the rural community.
2.The necessity of implementing the rural community renewal.
3.The necessity of matching the regional development.
4.The necessity of rebuilding disaster area suffered by earthquake, flood, typhoon, fire, or other mass disasters.
The metropolitan or the county competent authority shall extract proper area in and around the disaster area mentioned in the fourth subparagraph of the preceding paragraph to readjustment. The Central Competent Authority shall transact the readjustment area directly in necessity.
Article 6
The metropolitan or the county / city competent authority, extracting readjustment area in accordance with the preceding article, asks opinions for Rural Community Renewal Committee, makes a plan and proposed the Readjustment Proposal and cadastral map. Then the authority invites landowners and relevant persons to hold the hearing, and revised the Readjustment Proposal and cadastral map. When the authority gets more than one half of private landowners’ agreement who hold more than one half of lands in the readjustment area, the Readjustment Proposal been approved by Central competent authority is announced publicly at Township/city office organization for thirty days, then is implemented.
The competent authority should mediate the opposition opposed by private landowners in the readjustment area during the course of the public announcement mentioned in the preceding paragraph.
The plan in the first paragraph should consider the agricultural development, the maintenance of historic spots and cultural relics, the conservation of ecological environment, and the rural community reconstruction.
Article 7
The landowners shall apply transacting Rural Community Land Readjustment in priority to the metropolitan or the county / city competent authority for approval, if more than one half of landowners who hold more than one half lands fit to the circumstances of the Article 5 in the rural community readjustment area agree.
Article 8
During the course of public announcement of Rural Community Land Readjustment Proposal and the cadastral map, the metropolitan or the county / city competent authority shall announce publicly in the meantime of prohibiting land modification activities such as built improvements construction, new development, stone quarrying, or changing topography in the readjustment area.
The course of prohibition in the preceding paragraph shall not last more than eighteen months.
The publicly announcing prohibition in the first paragraph is not necessary to consult with the landowners and the owners of built improvements.
Article 9
The landowners shall organize the Readjustment Commission independently to transact Rural Community Land Readjustment for improving land use and broaden arrangements of Rural Community Land Readjustment. The guidelines about the relevant preparation work, the readjustment organization, the applying process, the readjustment arrangements, the approval conditions, management, the commendation, punishment for against regulations, other provision should be formulated and promulgated by the Central Competent Authority.
The commendation mentioned in the preceding paragraph as follows:
1.The low rate of readjustment loan.
2.Free of charges or reduced charges for the cadastral arrangement fees and exchange of the rights certificate fees.
3.The priority of constructing public infrastructure in and around readjustment area,
4.Exemption or reduction of the land value tax and Agricultural land tax.
5.The relevant arrangements of promoting implementing rural community land readjustment.
The Readjustment Commission should get the agreement of more than one half of landowners who hold more than one half of lands in the readjustment area, and get the approval from the metropolitan or the county / city competent authority to transact readjustment.