The land needed for an infrastructure project as referred to in this Chapter shall mean the land needed for the whole plan for the project approved by the authority in charge, including the land needed for the infrastructure, the ancillary facilities, and the ancillary businesses.
If the land for an infrastructure project as referred to in the preceding Paragraph will be secured through expropriation by zone or section, the authority in charge of the project may, with the prior approval of the Executive Yuan, commission a private institution to draft an urban planning proposal and to handle the matters relating to the expropriation by zone or section.
Where the operations of an ancillary business require the approval of any other relevant authority, the private institution shall apply for such approval.
Income derived from the operations of an ancillary business under Paragraph 1 by the private institution shall be counted as the overall revenues of the infrastructure project.

Where the land needed for an infrastructure project involves any change in the urban planning, the authority in charge shall cooperate with the relevant authorities in charge of the urban planning to effect prompt changes in accordance with Article 27 of the Urban Planning Act. Where the land needed for the infrastructure project involves any changes in the use of non-urban land, the authority in charge shall cooperate with the relevant authorities in charge of area planning to effect the relevant changes in accordance with the relevant area planning laws and regulations.
Where environmental impact assessment, and soil and water conservation treatment and maintenance for the land needed for a major infrastructure project are required in accordance with the law, the assessment, treatment and maintenance shall be reviewed in parallel, jointly or concurrently by the authorities concerned in accordance with the laws and regulations governing urban planning and regional planning.

Where the land needed for an infrastructure project is government-owned land, the authority in charge may, after completing the allocation process, set a fixed term to allow the use of the land by a private institution by means of lease, creation of superficies, trust, or paying royalties or rental for use of the land, without being subject to the restrictions under Article 25 of the Land Act, Article 28 of the National Property Act, or the regulations governing local governments’ management of government-owned property. Rental in connection with the lease of the land and the creation of superficies on the land mentioned above may be charged on favorable terms.
Regulations governing favorable rental rates as referred to in the preceding Paragraph shall be prescribed by the competent authority in conjunction with the authorities concerned.
Where the best applicant as selected in accordance with this Act applies for development of a lot of odd government-owned land within the scope of the land for an infrastructure project in accordance with Subparagraph 6, Paragraph 1 of Article 8, and the authority in charge of the relevant infrastructure project determines that sale of the land to the applicant is necessary for a policy, the authority in charge of selling government-owned land may assign the land to the applicant, without being subject to Article 25 of the Land Act or regulations governing local governments’ management of government-owned property
Any assignment or sale of government-owned land may be cancelled, on the grounds that no concession agreement is signed within a specified period.

Where the land needed for an infrastructure project is privately owned, the authority in charge or the private institution concerned shall negotiate with the land owner to purchase the land at the arm's length price in the market. If an agreement on purchase of the land cannot be reached and the land is needed for a major infrastructure project planned by the government, the authority in charge may expropriate such land in accordance with applicable laws.
If the land subject to expropriation by the authority in charge as referred to in the preceding Paragraph is urgently needed for the use of an enterprise of national defense, transportation, or water conservancy in public safety, the authority in charge may directly expropriate such land in accordance with applicable laws, bypassing the price negotiation process required by the preceding Paragraph.
The authority in charge may state in the expropriation plan that the land so expropriated will be used by private institution for development, building and/or operation purposes by means of joint development, commissioned development, cooperative operation, lease, creation of superficies, paying royalties or rental for use of the land, without being subject to the restrictions under Article 25 of the Land Act, Article 28 of the National Property Act, or the regulations governing local governments' management of government-owned property.
Where the land for an infrastructure project has been acquired through expropriation prior to the promulgation of this Act, the land may be provided to a private institution for development, building or operation in accordance with the preceding Paragraph, without being subject to the restrictions under Article 25 of the Land Act, Article 28 of the National Property Act, or the regulations governing local governments' management of government-owned property.
For the lease of, or the creation of superficies on, expropriated land, favorable rental terms in Paragraphs 1 and 2 of the preceding Article shall apply mutatis mutandis.

Where due to the character of a particular infrastructure project, there is a necessity to expedite the acquisition of the land required for any of the major infrastructure projects referred to in the preceding Article, the authority in charge may coordinate with the relevant authorities in charge of the management of the government-owned land or the government-owned enterprises owning such land for the sale or the transfer of such land, so that the development plan may be formulated and the land concerned may be developed and processed. In addition, a certain portion of the land and buildings so developed shall be made available for retrieval by the uncompensated owners of the expropriated land as an offset of the monetary compensation that they are entitled to.
The development or processing of the government-owned land as referred to in the preceding Paragraph shall not be subject to the restrictions under Article 25 of the Land Act, Article 28 of the National Property Act, or the regulations of the local government governing the management of the government-owned property. The retrieval of the land and buildings by the owners of the expropriated land shall not be subject to the restrictions under Article 7 of the National Property Act or Article 23 of the Budget Act.
The amount of the compensation for the land expropriated and the value of the land and buildings to be retrieved by the land owners after development of the land as referred to in the preceding Paragraph shall be determined on the same basis. When applying for the retrieval of the land and buildings as mentioned above, the land owner shall, during the period of the public announcement of the land expropriation, submit the relevant supportive documents together with a written undertaking addressed to the relevant municipal or county (city) governments undertaking not to receive monetary compensation. When the application is submitted to and approved by the authority in charge, the land owner concerned shall be deemed to have been compensated for the land expropriated.
The regulations governing development, disposition and offset basis in connection with the retrieval of the developed land and/or buildings by the owners of the expropriated land as referred to in the first Paragraph, as well as the implementation date thereof, shall be prescribed by the authority in charge of the particular infrastructure project in conjunction with the relevant government authorities and then be approved by the Executive Yuan.

Where an infrastructure to be built by a private institution needs to pass through over or under any government- or privately owned land, unless otherwise stipulated by other laws, the private institution hereunder shall negotiate with the relevant authority in charge of the management of the government-owned land or the owner of the private land, as the case may be, for creation of superficies on the needed area. If such an agreement cannot be reached on government-owned land, the private institution may apply to the authority in charge, which will forward the application to the Executive Yuan for a final decision, without being subject to the restrictions under Article 25 of the Land Act. If such an agreement cannot be reached on a part of privately owned land, the government may acquire the superficies on such land mutatis mutandis in accordance with the regulations governing expropriation of land, and then lease such land to the private institution for use for favorable rental to be determined mutatis mutandis in accordance with Paragraphs 1 and 2 of Article 15.
In the event that the land as referred to in the preceding Paragraph becomes unsuitable for proper use because it is traversed by routes of the infrastructure project, the land owners may, from the date of the construction until one year after the commencement of the operations of the infrastructure, apply to the authority in charge for expropriation of the ownership of such land, and the authority in charge shall not reject such application. The compensation for the land so expropriated shall be decided in accordance with Article 16 and shall be given to the relevant owners after deduction of the compensation receivable by the owners for the superficies created. The land costs increased as a result thereof shall be included in the costs of the infrastructure project.
The regulations governing the procedures for use of the space over or under the land, the scope of such use, the demarcation of the boundaries, the creation of superficies, the land expropriation, the compensation for expropriation, registration and review of such use as referred to in the preceding two Paragraphs shall be prescribed by the central authorities in charge of the relevant industries in conjunction with the Ministry of the Interior.

With regard to the land required for the infrastructure project and to be expropriated by zone or section, the authority in charge may consult with the authority in charge of expropriation by zone or section to effect the expropriation by zone or section in accordance with applicable laws, and shall announce its decision to implement urban planning and to proceed with the land development within one year after expiration of the notice period of such expropriation, without being subject to the restrictions under Article 52 of the Urban Planning Act.
The land within the scope of the zone or section to be expropriated in accordance with the preceding Paragraph, after being mapped out and put in order, shall be handled in the following manners and in accordance with relevant laws and regulations governing 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, however, that the title of the land for mass rapid transit systems shall be subject to the provisions under the Mass Rapid Transit Act.
2. The land for the transit area, the harbors and related facilities, and the major tour-site and recreation facilities shall be assigned, at the price of the development costs, to the authority in charge or the authority which requires the land.
3. Other land suitable for construction shall be owned by the authority in charge and the relevant municipal or county (city) government(s) in proportion to the development costs shared by them.
For the land handled by the private institution hereunder in accordance with Paragraph 2, Article 13 hereof, the title thereto shall be determined in the same manner mentioned above.
The authority in charge may lease, or create superficies on, the land acquired in accordance with Paragraph 2 for use by the private institution hereunder in accordance with Articles 15 hereof or, it may use, collect benefits therefrom and dispose of such land without being subject to the restrictions under Article 25 of the Land Act, Article 28 of the National Property Act, or the regulations of the local government governing the management of the government-owned property. The relevant regulations shall be prescribed by the authority in charge in conjunction with the Ministry of Interior.

The use period for the land, of which the ownership or the superficies is expropriated in accordance with Articles 16 and 18 hereof, shall be determined in accordance with the deadline approved for the project concerned. In case the authority in charge fails to use the land in accordance with the deadline approved for the project concerned, the original land owners may, within five (5) years from the day following the expiration of the deadline approved for the project concerned, apply with the relevant municipal or county (city) governments to purchase back the land previously expropriated at the original expropriation price.

In respect of the land required for any of the major infrastructure projects and the scope of the expropriation by zone or section under Article 19 hereof, the authority in charge may, as it may deem necessary and upon approval of its superior authority, notify the municipal or county (city) government where the land is located to make, either concurrently or separately, public announcement(s) prohibiting the following:
1. Transfer of, division of, or creation of encumbrance on, the land.
2. Construction, expansion or reconstruction of buildings on, or excavation of soil or gravel from, or changing the contours of, the land.
The prohibition period referred to in the preceding Paragraph shall not exceed two (2) years.

To maintain the building and operation safety of the major infrastructure project, the relevant authorities in charge may consult with the local municipal or county (city) government(s) to survey and demarcate the restricted areas adjacent to the infrastructure project concerned, and to make a public announcement prohibiting and restricting the construction or erection of the government and/or privately owned buildings and advertising structures within such restricted areas, without being subject to the regulations of the use/zoning control for the urban planning land or the use/zoning control for the non-urban land. With regard to the buildings, the advertising structures and other obstacles which are under construction or already in existence within such restricted areas and which may impede the building or the operation safety of the infrastructure project concerned, the authority in charge may consult with the relevant local authorities in charge of construction to set a time limit for modification or removal thereof by the owner in due course. Failure on the part of the owner to comply within the given time limit will cause a compulsory removal thereof; provided, however, that the owner shall be entitled to reasonable compensation. If the owner objects to the amount of the compensation, the case shall be referred to the superior competent authority for a final decision. The compensation thereof shall be included into the costs of the infrastructure project concerned.
The regulations governing the construction prohibition and restrictions as referred to in the preceding Paragraph shall be prescribed by the competent authority in conjunction with the Ministry of Interior.

Where a private institution hereunder needs to make a site survey, exploration, or to perform engineering work or maintenance work on the government and/or privately owned land or buildings, it may, after obtaining approval of the authority in charge and giving a thirty (30) days prior notice to the owner, the possessor, the user or the administrator of such government and/or privately owned land or buildings, have access to or use such land or buildings. The owner, the possessor, the user or the administrator of such land or buildings shall not refuse to provide such access or use. Notwithstanding the above, in case of emergency where a delay is likely to jeopardize major public interest, the private institution may enter or use such land or buildings without following the procedures mentioned above.
When the private institution hereunder enters or uses the privately owned land or buildings in accordance with the preceding Paragraph, it shall invite the local police to attend the scene.
If any damages or losses are caused as a result of the entry or use of the land or buildings under the first Paragraph, reasonable compensation for such damages or losses incurred shall be given. If there is any dispute on the amount of such compensation and such a dispute cannot be settled though amicable negotiations of the parties, the case shall be referred to the authority in charge for a final decision. The compensation thereof shall be included into the costs of the infrastructure project concerned.

In making use of the government and/or privately owned land or buildings pursuant to the preceding Article, if it is necessary to destroy or dismantle the buildings or other works on the land in full or in part, the private institution concerned shall report the case to the authority in charge for consent first, and then the authority in charge shall consult with the relevant local authorities in charge of construction to notify the owner, the possessor or the user thereof to effect such destruction or dismantling within the given period. Failure on the part of the owner to comply within the given period or in case of emergency where a delay is likely to jeopardize major public interest, the authority in charge may forthwith, either by itself or entrust the local relevant authorities in charge of construction to, enforce the compulsory destruction or dismantlement.
Reasonable compensation shall be made for the destruction and dismantlement made under the preceding Paragraph and for the losses and damages caused from the destruction or dismantlement thereof. If there is any dispute on the amount of such compensation and such a dispute cannot be settled though amicable negotiations of the parties, the case shall be referred to the authority in charge for decision. The compensation thereof shall be included into the costs of the infrastructure project.

A private institution may, if necessary for the performance of the construction work, request the authority in charge to coordinate with the relevant administering authorities for the use by the private institution of a river, ditch, culvert, dike, road, park and other land for public use.

Where a private institution plans to build an 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 relevant authorities in charge of such facilities. If co-installation or co-construction is required, the authority in charge shall first coordinate with, and obtain prior consents from, the relevant authorities in charge of such facilities. Then, the proposed co-installation or co-construction work can be proceeded with.
If the private institution has acted in accordance with the preceding Paragraph but cannot obtain the consents from the relevant authorities, the authority in charge shall request the competent authority to conduct necessary coordination. Upon the failure of such coordination, the authority in charge may report, with reasons, the case to the Executive Yuan for a final decision.

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In case of any private donation to the government of any land required for an infrastructure project and relevant facilities, the authority in charge may grant award to the donor.