To meet the requirements of the following public undertakings the State may expropriate private land according to the Provisions of this Act, but the area of land to be expropriated shall be limited to what is strictly required for the said undertakings:
(1)Installations of national defense.
(2)Communication or transportation undertakings.
(3)Public utility undertakings.
(4)Water conservancy undertakings.
(5)Public health.
(6)Government office buildings, office buildings of local self-governing bodies and other public buildings.
(7)Educational, academic, and philanthropic undertakings.
(8) State owned enterprises.
(9)Other undertakings established by the Government in the public interest.

For the implementation of national economic policies, the government may expropriate private land, but it should be limited to those permitted by law.

Scenic spots and historic remains shall not, as far as possible, be expropriated.
Scenic spots and historic remains that have been included in the area to be expropriated shall, as far as possible, be preserved.

In applying for the expropriation of land, the applicant shall show evidence that the undertaking has been authorized by law or decree.

Zone expropriation may be effected in the land expropriation for any one of the following purposes:
(1)For the implementation of national economic policies.
(2)For the creation of new cities and municipalities.
(3)For the promotion of undertaking specified in Section (1) or (3) of Article 208.
Zone expropriation referred to in the preceding paragraph shall mean the expropriation of all the lands within a given area, whereof replanning and consolidation are required.

Lands may be reserved for expropriation for any one of the following undertakings:
(1)The opening of transportation lines.
(2)The promotion of public utility undertakings.
(3)The newly establish urban area.
(4)The installation of national defense.
Land reserved for expropriation, as referred to in the preceding paragraph, shall mean those lands that are to be required by the said undertakings for their future use and are prior to their actual use approved, upon the request of the organization responsible for the said undertakings, and publicly announced by the competent authorities as lands that are subject to expropriate in future and shall not be put to any use that hinders their eventual expropriation.

The period in which any land is reserved for expropriation according to the provisions of the preceding Article shall not exceed three years. Failure to carry out expropriation within the said time limit shall result in the cancellation of the reservation. But in the case of any undertaking mentioned in Section (1) or (4) of the preceding Article, the period in which any land is reserved for expropriation may be extended with the approval of the competent authorities upon the request of the agency responsible for the said undertakings, provided that the period thus extended be no longer than five years.

When any land is expropriated, all improvements thereon shall also be so expropriated, except for any one of the following conditions applies:
(1)There exists any provision to the contrary.
(2)The owner of the improvements requests to relocate them and to effect the relocation himself.
(3)The constructional improvements should not have been built according to law.
(4)The types and quantities of the agricultural improvements are incongruous with normal plantation.
Identification of conditions (3) and (4) above shall be undertaken by the Special Municipal or County (City) Land Administration Agency together with relevant authorities.
After the expiration of the period of public announcement for expropriation, the Special Municipal or County (City) Land Administration Agency may notify the landowners or users of the improvements referred to in conditions (3) and (4) above to dismantle or relocate the improvements within a time limit. After the expiration of the prescribed time limit, the Special Municipal or County (City) Land Administration Agency may dispose of them without compensation.

In case the use of expropriated land produces such adverse effects on the adjacent land as to make it unfit for its original utilization or to impair the efficiency of its original utilization, the owner of the adjacent land may demand due compensation from the user of the expropriated land.
The compensation referred to in the preceding paragraph shall not exceed the mount of depreciation in the value of the adjacent land caused by the use to which the expropriated land is put.

In case the remaining land after expropriation cannot be put to reasonable use because its area is too small or its shape is not intact, its owner may request, within six months after the expiration of the period of public announcement, that it be simultaneous expropriated.

Cancelled.

The original owner of a expropriated private land may, within five years since the day that one year after the completion of the payment of compensation, apply to the Special Municipal or County (City) Land Administration Agency for its redemption at the price of originally amount of compensation, if any one of the following conditions applies:
(1)It is not begun to be used according to the approved expropriation plan one year after the completion of the payment of compensation.
(2)It is not used for the originally approved undertaking.
The competent Special Municipal or County (City) Land Administration Agency shall submit all applications that are found upon examination to be covered by the preceding paragraph to the original approving authority for approval, and shall then notify the original landowners to repay the original amount of the compensation within six months. The redemption right shall be deemed to have been waived if the original landowner does not repay the compensations after the expiration of the time limit.
If the original landowner is responsible for the circumstance referred to in Section (1) of Paragraph one, he cannot apply to redeem his land.
After private land has been expropriated and used according to the approved plan, if its use is changed according to the urban plan, the public authority, which is entrusted with the care of the land, shall publicly announce for one month whenever the said authority plans to sell the land by public tender. Theoriginal landowner or his inheritor shall have the preferential right to purchase the land on the same terms as are bid by any other person. But the preferential right shall be deemed forfeited if the landowner or his inheritors does not express his intention to exercise such preferential right within ten days after the closing of the public tender.

Since the date after both the private land is expropriated and the compensation payment is fully distributed, the Special Municipal or County (City) Land Administration Agency shall notify and announce to the original landowners or his inheritor about the land use status till the prescription for redemption right of claim has been completed or the use of land according to expropriation plan is completed.
Once the notification and announcement in accordance with the preceding paragraph has not complied and one of the circumstances listed in the first paragraph of the preceding article is occurred, the original landowner or his inheritor may apply for redemption within ten years from the date after expiration of use term according to the expropriation plan.
When the article of this Act amended on November 23, 2021 come into force, the provisions of the preceding two paragraphs shall be applied if the prescription for the original landowners or his inheritor’s redemption right of claim has not yet completed.
Rules governing the matters that should be handled, operational procedures, operational expenses, and other matters of compliance accordance with the notification and announcement of land use status described in paragraph 1 shall formulated by the Central Land Administration.

Land that is being currently used for any of those undertakings enumerated in the different Sections of Article 208 shall not be expropriated, unless its expropriation is unavoidable for the promotion of some more important undertaking. However, this provision shall not prevent the expropriation of a small portion of the land so used, if such expropriation does not hinder in any way the continued development of the present undertaking.

The liabilities borne by any land under expropriation shall be liquidated, and the amount of the liabilities so liquidated shall be limited to the amount of compensations payable for the land and shall be paid off by the competent Special Municipal or County (City) Land Administration Agency when the compensations are paid.

The expropriation of land shall be subject to the approval of the Central Land Administration .

Cancelled.

In applying for the expropriation of land, the applicant shall prepare a detailed expropriation plan, a map with explanatory notes of the land to be expropriated and a blueprint showing how the land it to be used, and submit them for approval according to the provisions of the preceding two Articles.

Upon the approval of any application for the expropriation of land, the Central Land Administration shall transmit all the details of the case to the competent Special Municipal or County (City) Land Administration Agency where the land is situated.

In case two or more applicants apply for the expropriation of the same land, the comparative importance of the undertakings sponsored shall be the criterion whereby approval is to be granted. In case the nature of the undertakings sponsored happens to be of equal importance, the order in which the applications have been made shall be the criterion whereby approval is to be granted.

On receipt of instructions from the Central Land Administration concerning the approval of any application for the expropriation of land, the Special Municipal or County (City) Land Administration Agency shall make a public announcement thereon and notify the owner of the land and other obligees having rights over it accordingly.
The period of the public announcement referred to in the preceding paragraph shall be 30 days.
Any person with interests in such land may raise objections thereto by submitting a written statement to the competent Special Municipal or County (City) Land Administration Agency within the announcement period.

In case the land to be expropriated is a land whereof the registration of ownership is completed, only such land ownership or other rights over it shall be recognized as are recorded in the land register on the last day when the period of public announcement expires, unless the land ownership or other rights have been acquired through inheritance, compulsory enforcement or judicial decision, and the matter has been referred to the competent Special Municipal or County (City) Land Administration Agency for record.
In case the land to be expropriated is a land whereof the registration of ownership is not yet completed, the holders of other rights over it shall, within the expiration of the period of public announcement referred to in the preceding Article, apply to the competent Special Municipal or County (City) Land Administration Agency for the official recording of their rights.

In case the land to be expropriated is a land whereof the registration of ownership is not yet completed according to Act and over which the holders of other rights fail to apply for the recording of their rights according to the provisions of the preceding Article, such rights shall not be regarded as liabilities borne by the land under expropriation.

The competent Special Municipal or County (City) Land Administration Agency requiring the use of the land to be expropriated may, after the public announcement has been made, go onto the land to make inspections or surveying. But in making inspections or surveying in buildings or on land with obstacles, the owners or users have to be informed in advance.

The applicant requiring the use of the land to be expropriated shall not go unto the land to begin construction work before the compensation for the land value and other compensations have been fully paid. But this provision shall not apply to the urgent need of water conservancy undertaking due to public security.

After public announcement has been made of the impending expropriation of any land, neither the transfer of ownership nor the creation of encumbrance shall be implemented, unless the land ownership or other rights over land have been acquired through inheritance, compulsory enforcement or judicial decision, and the registration of their rights has been applied for within the period of the public announcement. The landowner or user shall not add any improvement thereon, and the construction of any improvement which is in progress at the time of the public announcement, shall cease immediately.
But if the competent Special Municipality or County (City) Land Administration Agency considers that the addition or continued construction of the improvements, referred to in the preceding paragraph, will not hinder the execution of the expropriation plan, special permission may be given, at the request of the obligee concerned, for the addition or continued construction of such improvements.

Compensation for the value of a expropriated land and other compensations therefor shall be paid within 15 days after the expiration of the period of public announcement. But in the case of lands expropriated for the implementation of national economic policies or for those undertakings mentioned in Section (1), (2) or (4) of Article 208, the compensations may be paid, upon approval of the Executive Yuan, partly with land bonds.

After all the compensations for a expropriated land have been duly paid, the Special Municipal or County (City) Land Administration Agency may fix a time limit within which the said land shall be vacated by the original obligee or user thereof.

The rights and obligations of the original owner in respect of his land that is expropriated shall terminate when the compensations he is entitled to are paid in full. Pending the full payment of thecompensations, he shall have the right to continue to use the land except in those cases covered by the proviso of Paragraph one of Article 231.

Compensation for land value, other compensations, and relocation fees to be paid for the expropriated land shall be fixed by the competent Special Municipal or County (City) Land Administration Agency.
Compensation for land value, other compensations, and relocation fees referred to in the preceding paragraph shall all be borne by the applicant requiring the use of the land to be expropriated and shall be paid through the competent Special Municipal or County (City) Land Administration Agency.

In effecting the payment of the compensation for land value and other compensations, the Special Municipal or County (City) Land Administration Agency may deposit the sum of money in the local court in either of the following cases:
(1)In case the rightful recipient refuses or is unable to accept the payment.
(2)In case the whereabouts of the rightful recipient is unknown.
The deposit of money in the local court, referred to in (2) above, shall be made in the names, and addresses, of the landowners or the holders of other rights over the land registered in the land registry.

Under any one of the following conditions, the Special Municipal or County (City) Land Administration Agency may remove the improvements on a expropriated land on behalf of their owners or simultaneous expropriate with the land:
(1)If the rightful recipient of the relocation fee refuses or is unable to accept the payment.
(2)If the whereabouts of the rightful recipient of the relocation fee is unknown.
(3)If the rightful recipient of the relocation fee fails to remove the improvements within the prescribed time limit.

The compensation for land value payable for the land to be expropriated shall be determined according to the following provisions:
(1)Where the value of the land to be expropriated has been assessed according to Act and the ownership thereof has undergone no transfer, the compensation therefor shall be based on its statutory value.
(2)Where the value of the land to be expropriated has been assessed according to Act and the ownership thereof has been transferred, the compensation therefor shall be based on its value at the last transfer.
(3)Where the value of the land to be expropriated has not been assessed according to Act, the compensation therefor shall be based on the land value as assessed by the competent Special Municipal or County (City) Land Administration Agency.

The compensation for the value of land reserved for expropriation shall be based on its value at the time of expropriation.

The compensation for improvements on land that are expropriated shall be based on their value as assessed by the competent Special Municipal or County (City) Land Administration Agency.

Where the agricultural improvements on a expropriated land are also expropriated and where the crops thereof are due to ripen within one year from the date of expropriation the compensation for such improvements shall be based on the assessed value of the ripened crops. Where the crops thereof are due to ripen more than one year from the date of expropriation the compensation for such improvements shall be based on the expenses of their planting and cultivation at current value.

Cancelled.

A due amount of relocation fee shall be paid for the relocation of the improvements on any land if such improvements thereon have to be removed elsewhere as a result of the expropriation of the said land.

In case all the improvements on any land have to be removed elsewhere owing to the expropriation of a part of the land, the owner of the improvements may request that relocation fee be paid him for all the improvements.

Where graves and other commemorative objects on a exprorpiated land have to be removed elsewhere, the relocation fee payable therefor shall be the same as that payable for the relocation of improvements therefrom.
The applicant requiring the use of the land to be expropriated shall have all ownerless graves thereon safely removed and re-interred elsewhere, and make a detailed statement in tabulated form there-anent and submit it to the competent Special Municipal or County (City) Land Administration Agency for record.

In case any objection should be raised as to the amount of compensation fixed according to the provisions of Article 239, 241, or 242, the competent Special Municipal or County (City) Land Administration Agency shall refer the matter to the Committee on Standard Land Values for decision.