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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/22 08:10
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Chapter Law Content

Title: Land Act CH
Category: Ministry of the Interior(內政部)
Part V. Expropriation of Land
Chapter I. General Provisions
Article 208
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.
Article 209
For the implementation of national economic policies, the government may expropriate private land, but it should be limited to those permitted by law.
Article 210
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.
Article 211
In applying for the expropriation of land, the applicant shall show evidence that the undertaking has been authorized by law or decree.
Article 212
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.
Article 213
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.
Article 214
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.
Article 215
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.
Article 216
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.
Article 217
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.
Article 218
Cancelled.
Article 219
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.
Article 219-1
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.
Article 220
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.
Article 221
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.
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