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

Print Time:2024/08/17 12:12
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Chapter Law Content

Chapter IV The Land Redistribution and the Transaction of Opposition
Article 14
All the lands in the readjustment area should be redistributed. The rights and the identification of lands recorded on the land register are identified at the time of one day before the redistributing work begins.
Article 15
The metropolitan or the county / city competent authority should have ceased registration of transference in land righes or the encumbrance except the registration of inheritance, compulsory execution, land expropriation, and the judicial decision since the redistribution begins.
The period of ceasing registration in preceding paragraph shall not last more than eight months.
The metropolitan or the county / city competent authority should announce publicly to cease registration in the first paragraph and to start redistribution in the preceding article at the time of the day to cease registration thirty days ago.
The publicly announcing prohibition in the first paragraph is not necessary to consult with the landowner, the owner of built improvements and other land right owners.
Article 16
The land deducted cost equivalent land in accordance with the provision of Article 11 from the original land should be distributed to original landowner with the proportion of land value. The landowners should pay or get difference of land value if the redistributed lot size is more or less than the original lot size orderly.
The calculation of readjustment encumbrance and the redistributed lot size is based on registration in land register.
Article 17
The differential lot size, which is less than the actual registered lot size and has not been corrected in the readjustment area, shall be calculated in common encumbtance.
Article 18
The location of redistributed land shall be located in original order. The adjustment pattern is as follows:
1.The land been carried with built improvements and not disturbing the readjustment proposal and readjustment work is located at original site.
2.The every redistributed land beyond the minimum lot size should be distributed individually, if the landowners has several lots in the readjustment area. The land below the minimum lot size shall be merged to the larger one.
3.The redistributed land below one half of the minimum lot size even been merged should be applied to merge with redistributed land owned by other landowner or be compensated by currency. The land beyond one half of the minimum lot size shall be redistributed to the land beyond the minimum lot size in less depth area or lower land value area.
4.The individual common land agreed by more than one half of common landowners who have more than one half of the right and the redistributed land beyond the minimum lot size shall be distributed individually. If the right owned by common landowners is more than two-third of the land right, the number of the common landowners can be neglected.
5.The location of the land originally located at the land reserved for the public infrastructure site before readjustment is adjusted to another location by the competent authority.
The metropolitan or the county / city competent authority formulates the standard of minimum lot size mentioned in the preceding paragraph in the plan and design of readjustment. But the standard shall not be below the width, depth and size provided in the Rules for Using Odd Lots.
Article 19
The metropolitan or the county / city competent authority should announce publicly the result of redistribution at Township / city office organization in the readjustment area after finishing land redistribution, and send the notices in writing to landowners and other land rights owner.
The course of the public announcement in the preceding paragraph is thirty days.
Article 20
The landowners should oppose their opinions in writing to the metropolitan or the county / city competent authority during the course of public announcement. If not, the result of redistribution should be confirmed after the course of public announcement.
The metropolitan or the county / city competent authority should investigate and dispose the opposition in writing mentioned in the preceding paragraph. The opposition involved the other land right should be mediated by Rural Community Land Readjustment Commission first. If the mediation fails, the metropolitan or the county / city competent authority takes over the mediation. The landowner should raise an opposition on the spot, if they are not satisfied about the mediation. The competent authority should apply to the higher authority for ruling the opposition within ten days.
Article 21
The redistributed land after community land readjustment is deemed as original land since the day of redistribution confirmed.
Article 22
The metropolitan or the county / city competent authority should notify the original landowners and the tenant in writing to relocate or take over land in the readjustment area within a definite time. The refuse of not taking over shall be referred as been taken over.
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