When the land use applicant holds a public hearing according to Article 10 of the Act, it shall hold at least two such hearings and carry out the following:
1. The land use applicant shall, seven (7) days before the scheduled hearing, publicly announce the matter, date and place for the public hearing at the public places at where the lands under expropriation are located, the public announcement place of the municipal or county (city) government, town (township, city, district) office, and village (tsun/li) office, as well as appropriate public locations at where village (tsun/li) residents live, and post the information on its website, and publish it in the government gazette or press release.
2. A written notice shall be sent to all landowners whose lands are situated within the undertaking project area according to the domiciles recorded in the land register.
3. In the public hearing, the land use applicant shall give a brief introduction of the undertaking project, display relevant maps and explain the public interest purpose, necessity, appropriateness, reasonableness and legality of the undertaking, and hear the opinions of the landowners and interested parties. In the next public hearing, the land use applicant shall also respond clearly to the comments and opinions given by landowners and interested parties in the previous hearing and describe actions taken therefor.
4. Public hearing minutes shall be recorded and the minutes shall be made public and posted at the public places at where the lands under expropriation are located, the public announcement place of the municipal or county (city) government, town (township, city, district) office, and village (tsun/li) office, as well as appropriate public locations at where village (tsun/li) residents live. The land use applicant shall also post the minutes on its website, and send a written notice of the minutes to all landowners and interested parties.
5. The public announcement and written notice of the previous public hearing minutes made according to the preceding two subparagraphs as well as response to and actions taken with regard to the comments and opinions given by landowners and interested parties in the previous public hearing shall all be effected before the next public hearing.
All public hearing records as well as the opinions of landowners and interested parties, and response to those opinions and actions taken therefor shall be enclosed when the undertaking project is submitted to the competent authority in charge of the relevant industry and the expropriation plan is submitted to the approving authority for approval.

The term “national defense undertaking of secretive nature” referred to in the proviso of Paragraph 2, Article 10 of the Act shall mean those secretive national defense undertakings stipulated in the Guideline for Categories, Scopes and Levels of Military Secrets and Defense Secrets; the term “public hearings or explanatory meetings have been held earlier” shall mean one of the following situations:
1. At least two public hearings have been held for the undertaking project during its planning stage, and the latest hearing was held within three years from the time of expropriation application.
2. Public exhibitions or explanatory meetings have been held for the undertaking project according to the Urban Planning Act with all landowners notified, and the latest public exhibition or explanatory meeting was held within three years from the time of expropriation application.
3. Public hearings have been held for the original undertaking project, but additional expropriation of lands in the project area that are missed in the original expropriation plan is submitted for application.
4. The original undertaking has to be relocated or co-constructed in coordination with other undertakings and has heard the opinions of the landowners and interested parties on its relocation or co-construction in public hearings or explanatory meetings held by such other undertakings.

The term “special agricultural zone” referred to in Paragraph 3, Article 10 of the Act shall mean arable or pastoral land in a special agricultural zone; the term “dispute” shall mean the situation where after a construction project has been approved by the Executive Yuan as an infrastructure project and the expropriation application has sent a written notice to all owners of arable or pastoral lands in the special agricultural zone located within the project area notifying that they lands will be expropriated, any landowner raises objection to the necessity of including the arable or pastoral land he owns in the expropriation plan area, and remains objecting to the expropriation after the central industry competent authority in charge of the undertaking has made detailed explanation.
Any objection referred to in the preceding paragraph shall be filed by the landowner in writing with the land use applicant or the central competent authority in charge of the relevant industry (in relation to the undertaking) in one month after receiving the notice (of land expropriation). Otherwise, it shall be deemed that the landowners do not have objection to the expropriation.
Public hearings shall be held by the central competent authority in charge of the relevant industry (in relation to the undertaking) before the expropriation plan is submitted to the Central Competent Authority for review.

Where there is an urgent need to use land due to public security but no agreement on the acquisition of land could be reached with the landowners in time due to time constraint as provided in Article 11 of the Act, the land use applicant shall submit the reasons to the competent authority in charge of the relevant industry for permission, and notify the landowners of the matter before applying for expropriation.

With regard to the “opinions given by the owners” referred to in Subparagraph 5, Paragraph 1, Article 13-1 of the Act, the land use applicant shall notify the owners of the lands or improvements under expropriation to state their opinions prior to applying for the expropriation of the land or land improvement, unless the situation referred to in the preceding article applies.
The notification to the owners of lands or land improvements to state their opinions as referred to in the preceding paragraph may be served simultaneously at the time of acquiring the land or improvement by negotiating a price with the land or land improvement owners or by other means, or during a public hearing held for the undertaking of zone expropriation.
The written notice to owners to state their opinions as referred to in the preceding two paragraphs shall be effected according to the following provisions:
1. The time limit for stating opinions as informed in the written notice shall not be less than seven (7) days starting from the next day following the service of the notice; if the notice is served during a negotiation meeting, the time limit for stating opinions shall not be less than seven (7) days from the date of the last meeting.
2. The land use applicant shall record all opinions given verbally by landowners in written form and ask them to sign or affix seal on the record after they verify the content; if any landowner refuses to sign or affix seal on the record, the land use applicant should state the reason thereon. If a landowner disagrees with the content of the record, the land use applicant should make correction.
3. The land use applicant shall respond to the written or verbal opinions of landowners in writing and document its actions taken thereon. When applying for the expropriation of land or land improvement, the land use applicant shall enclose the written or verbal opinions of owners, its responses and actions taken therefor, and compile in an orderly manner those opinions, responses and actions taken and enter them in the Overview of Owners’ Opinions, Related Responses and Actions Taken (see attached).

• Attachment to Article 13.odt

If the land use applicant has reached an agreement with landowners to acquire lands after negotiation but failed to reach an agreement to acquire private land improvements thereon, the applicant may apply for expropriation pursuant to Article 11 of the Act.

The procedure for the application of expropriation is as follows:
1. The application shall be directly submitted to the Central Competent Authority for approval, if the land use applicant is a central government agency or a municipal or county (city) government.
2. The application shall be submitted to the Central Competent Authority for approval via the superior authority if the land use applicant is the subordinate agency of a central government agency.
3. The application shall be submitted to the Central Competent Authority for approval via the county (city) government if the land use applicant is a town (township, city) office.
4. The application shall be submitted to the central competent authority in charge of the relevant industry via the county (city) government, and then be forwarded to the Central Competent Authority for approval if the land use applicant is an irrigation association.

According to Paragraph 1, Article 13 and Article 13-1 of the Act, a land use applicant shall prepare expropriation plan to the Central Competent Authority for approval. If an application submitted to the Central Competent Authority for review is returned for correction and supplement, the land use applicant shall complete the correction and supplement within six (6) months. Otherwise, the applicant shall reperform the price negotiation procedure before resubmit.

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The map of land under expropriation as provided in Article 13 of the Act shall be made based on cadastral maps, and marked with the area of lands for construction and for expropriation respectively and noted with legends.

The map of proposed land use planning as provided in Article 13 of the Act shall clearly show the layout of land use allocation or the location of use and noted with legends.

If a land is partially expropriated, the municipal or county (city) competent authority shall request the registry authority to conduct registration of subdivision survey of the land, and publicly announce the expropriation of the subdivided land based on the new land description after the registration.

The public announcement made in accordance with Article 18 of the Act shall contain the following particulars:
1. Name of the land use applicant.
2. The type of undertaking project.
3. The approving authority and the number of document approving the expropriation.
4. The lands or land improvements expropriated and the amount of compensation.
5. The period of public announcement.
6. The time limit for raising objections and filing an administrative remedy.
7. Things prohibited after the public announcement of expropriation.
8. The conditions and deadline for the application of simultaneous expropriation.
9. Other matters that should be publicly announced according to rules.
The public announcement of expropriation for agricultural improvements or unregistered constructional improvements shall also note the names and domiciles of persons entitled to compensation.
The public announcement in Paragraph 1 hereof shall be affixed with the map of lands under expropriation and posted at the public announcement place of the municipal or county (city) competent authority, and at where the lands or land improvements under expropriation are located.

If an original landowner claims according to Paragraph 2, Article 20 of the Act that the expropriation of the land or land improvement has become invalid on grounds that the municipal or county (city) competent authority fails to pay compensation within the prescribed time limit, he may file the claim with the municipal or county (city) competent authority. The municipal or county (city) competent authority shall check the status of compensation payment and give its opinion on whether the expropriation is invalid, and then report to original approving authority for decision and reply to the original landowner after receiving the decision.

If any person with an interest in the expropriated land or land improvement disagrees with the amount of compensation decided by the municipal or county (city) competent authority according to Paragraph 1, Article 22 of the Act, the person shall, within thirty (30) days from the date the decision is served, file a written statement to clearly state the facts and reasons for his disagreement with the municipal or county (city) competent authority.

The municipal or county (city) competent authority shall, at the time of publicly announcing the expropriation, concurrently request the registry authority to enter the date and document number of the public announcement into the register of the expropriated land or constructional improvement, and prohibit any subdivision, consolidation, transfer of ownership, or the creation of encumbrance according to the provisions of Article 23 of the Act.

The notifications and notice of compensation payment made by the municipal or county (city) competent authorities according to Article 13 herein, or Paragraph 1 of Article 18, Article 18-1, Paragraph 1 of Article 26, Paragraph 1 of Article 28, Article 36, Paragraph 2 of Article 51 or Paragraph 2 of Article 58 of the Act shall be served to the following recipients and in the manner as follows:
1. If the expropriated land or improvement has been registered, a written notice shall be sent according to the names and domiciles of the owners of the land or improvement recorded in the land register or constructional improvement register.
2. For the expropriation of agricultural improvements or unregistered constructional improvements, a written notice shall be sent to persons whose names and domiciles are publicly announced according to Paragraph 2 of Article 21 herein.
3. If the notices referred to in the preceding two subparagraphs could not be served, the service shall be effected by constructive notice according to the names and domiciles referred to in the two preceding subparagraphs.
The notifications referred to in Subparagraphs 1 and 2 of the preceding paragraph shall be served by registered mail with return receipt requested or by other methods with return receipt requested.
When the municipal or county (city) competent authorities send the notification of approval of expropriation to the owners of lands or land improvements or holders of other rights thereon according to Paragraph 1 of Article 18 of the Act, they may concurrently notify the recipients of the date for picking up the cash compensation.

The term “the duration of compensation payment under this Act” referred to in Paragraph 1, Article 26 of the Act shall mean the duration provided in Paragraph 1 of Article 20 and Paragraph 5 of Article 22 of the Act.

The municipal or county (city) competent authorities shall report the situation of the operation to the Central Competent Authority for reference after completing the payment of compensation for expropriated land and other compensations and the completion of the land registrations.

Where there is an urgent need for a land use applicant to commence work on the expropriation land or land improvement pursuant to Article 27 of the Act, the applicant shall, prior to applying for the expropriation, submit the reasons to the competent authority in charge of the relevant industry for approval. The competent authority in charge of the relevant industry will then submit the case to the Central Competent Authority for approval of expropriation and advance use of land. The municipal or county (city) competent authority shall concurrently publicly announce the aforesaid matter together with the public announcement of the expropriation.