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

Print Time:2024/11/22 14:18
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Chapter Law Content

Chapter V Right Liquidation and the Arrangement of Cadastration
Article 23
The metropolitan or the county / city competent authority registers the land right originally registered registration of other rights and registration of restriction as transformation registration or registration of restriction directly in accordance with the result of redistribution in the readjustment area, and notifies the landowners and the other obligee individually.
Article 24
The superficies, the permanent lease or easement registered before readjustment is deemed as elimination. The superficies obligee, the permanent lease obligee, or easement obligee shall claim for equivalent compensation to the landowner.
Such rights over constructional improvements on land as mortgage and dien are deemed nullified if they can no longer meet their original objectives due to readjustment. The holders of the said rights may request the landowners for creation of mortgage and dien on the land distributed to him after readjustment. If the constructional improvements is not belonged the landowners. The holders of the said rights may request the owners of the constructional improvements to give due compensation.
The claim in the both above paragraph should be exercised within two months since the confirmed notice of readjustment redistribution has been sent.
Article 25
The competent authority should invite the obligee for the coordination of the mortgage or dien originally registered over the undistributed land within two moths. The right will be arranged according to the result or the coordination agreed, if the coordination is failed, the competent authority should deposit the compensation of the right and makes the name listing to the register for registration of cancellation directly.
Article 26
The metropolitan or the country / city competent authority should cancel the lease contract directly and inform the parties, if the arable lease land applied to the 37.5% Arable Rent Reduction Act could not fulfill the purpose of original lease owing to the implementing readjustment.
The lessee whose lease contract being canceled in the preceding paragraph shall apply or claim for compensation in accordance with the provision as follows:
1.The lessee shall apply the compensation of one third of public announced current land value in accordance with Readjustment Proposal to the lessor, if they get the redistributed land.
2.The lessor takes two-third of land compensation; the lessee takes one-third of it, if they do not get the redistributed land.
The metropolitan or the county / city competent authority should cancel the lease contract directly, and compensate the lessee with one-third current land value in accordance with Readjustment Proposal, if the land for originally public-owned roadway, pitch, river, and unregistered land has a lease contract on. The expenses of compensation are included in common encumbrance.
Article 27
The metropolitan or the county / city competent authority should reassign numbers to redistributed land, make a listing to the register organization for cadastral survey and modification registration directly, and notify the landowners to exchange the certification of the titles for free charge within thirty days. The certification of the titles not exchanged in the limit period is announced invalid.
Article 28
Since the day of the redistribution confirmed, the redistributed land shall not be transferred or encumbered until the difference of land value in accordance with the first paragraph of Article 1 6 is paid.
Article 29
The cost equivalent land in accordance with the forth paragraph of Article 11, deducted the land for public facilities, should be bided for sell publicly at a bottom price, and shall be sold for public housing, public utility, or special project proved by the Executive Yuan at a bottom price.
The landowners or the person been the resident in the readjustment area has the preferential right under the same conditions with the decision of Rural Community Renewal Commission, while the cost equivalent land being bided for sell publicly mentioned in the preceding paragraph.
The land of bidding for sell or sale in the first paragraph is no limit to Article 25 of The Land Law.
The bottom price in the first paragraph shall not be lower than the estimated land value after readjustment.
The residual, gotten from the income of the land of bidding for sell or sale deducted off the payment of readjustment, is for the expenses of rural community development.
Article 30
The land substituted or been common encumbrance for public facilities in the readjustment area and the land for sell in accordance with the preceding article and that in the fifth paragraph of Article 1 1 are registered to the title of government of the special municipality or the county / city government.
The competent authorities of public infrastructure manages the land substituted or been common encumbered for land reserved for the public infrastructure in the preceding paragraph, and the metropolitan or the county / city competent authority manage the land for sell.
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