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Chapter III The Encumbrance and the Construction Wok of Readjustment
Article 10
The metropolitan and the county / city competent authority should investigate the location, traffic situation, and the land-use of every lot, evaluate land value after readjustment, and compare the land value before and after readjustment. After appraised by the land evaluation committee Those land value are the standard of the encumbrance of land for the public infrastructure the fees, the transferring land, and the flexible compensation.
Article 11
The government should pay the expenses of administrative affairs and planning design for Rural Community Land Readjustment. The costs on the construction works are shared at the proportion formulated by the Executive Yuan by the government and the landowners.
The land for road, ditch, underground communication and electricity, sewer, square, activity center, green land and other land reserved for the public infrastructure satisfying modern life function should be substituted by the land for road, ditch, river and the unregistered land originally owned by the government. If the land is still not enough, plus the fee for demolishing and loan interest, then the lack land should be substituted by the proportion of the land in readjustment area in accordance with the benefit taken by the landowners.
The encumbrance on landowners in both preceding paragraph is paid with the cost equivalent lands in readjustment area or with currency if no built land.
The cost equivalent lands mentioned in the preceding paragraph should be less than 35 percent of total land. But there is no maximum percent limit under the condition of the agreement of more than one half of landowners who hold more than one half of lands in the readjustment area.
The land, except land used for construction before readjustment, should encumber more than 40 percent of encumbrance in the readjustment area. The transaction of the extra part of the cost equivalent lands mentioned in the preceding paragraph is applied for the provision of Article 2 9.
Article 12
The land for original roadway, pond, ditch, or other land for public use in the readjustment area shall be modified or eliminated for implementing land readjustment.
Article 13
The metropolitan or the county / city competent authorities should announce publicly and notify the owner or landlord to demolish or relocate land improvements and graves in the readjustment area by themselves during thirty days. The demolishment or relocation should be done by the competent authorities if delaying to do so or nobody to notifying.
The demolishment or relocation of land improvements and graves in the preceding paragraph should be compensated. The standard of compensation is investigated and formulated by the metropolitan or the county / city competent authority. There is no compensation if against the provision of Article 8 . The expenses of the demolishment or relocation paid by the competent authorities should be deducted from the compensation currency.
While demolishing or relocation land improvements mentioned in the preceding paragraph, it should be aware of the preservation of historic spots and cultural relics.