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

Print Time:2024/11/22 07:44
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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 II. Expropriation Procedure
Article 222
The expropriation of land shall be subject to the approval of the Central Land Administration .
Article 223
Cancelled.
Article 224
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.
Article 225
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.
Article 226
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.
Article 227
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.
Article 228
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.
Article 229
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.
Article 230
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.
Article 231
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.
Article 232
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.
Article 233
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.
Article 234
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.
Article 235
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.
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