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

Print Time:2024/11/22 08:29
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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 III. Compensations for Expropriation
Article 236
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.
Article 237
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.
Article 238
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.
Article 239
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.
Article 240
The compensation for the value of land reserved for expropriation shall be based on its value at the time of expropriation.
Article 241
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.
Article 242
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.
Article 243
Cancelled.
Article 244
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.
Article 245
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.
Article 246
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.
Article 247
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.
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