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

Print Time:2024/11/22 14:41
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Chapter Law Content

Title: Farmland Readjustment Act CH
Category: Ministry of the Interior(內政部)
Chapter Ⅴ The Land Redistribution and the Opposition Transaction
Article 18
All the lands in the readjustment area should be redistributed. The rights and the identification of lands recorded on the land registers are identified at the time of one day before the redistributing work begins. The tenant and reclaimer are the persons
who have the contract or the approval at the time of one day before the redistributing work begins.
Article 19
The special municipality or the county (city) competent authority should have ceased registering land rights transference or the encumbrance except the mortgage right since the redistribution begins.
The period of ceasing registration in preceding paragraph shall not last more than eight months.
The special municipality or the county (city) competent authority should announce publicly to cease registration in the second paragraph and to start redistribution in the first paragraph at the time of the day to cease registration thirty days ago.
Article 20
The readjustment area shall be divided into several distribution areas in necessity of natural environment, the lot size, the land
value, and the necessity of redistribution.
Article 21
The special municipality or the county (city) competent authority should reevaluate the district land value in the readjustment area for
land redistribution and compensation.
The land redistribution should convert the original lot size which is deducted some lands for roadway, drain and cost equivalent
land for construction costs into total redistributed land value by reevaluating the district land value. Then, the redistribution lot
size, which counts on the district land value on the new distribution area, is redistributed to the landowner. The landowner shall
be compensated with the currency if the redistributed lot size below the minimum farm lot size.
Article 22
The redistributed lot should be located by original order in the same redistribution area. While the small size lot should be merged into large size lot, which are owned by the same landowner in the same redistribution area. The leased lot should be gathered to the lot owned by tenant.
The proviso in the preceding paragraph does not apply to the circumstances as follows:
1.The built improvement on land before the public announcement of the Farmland Readjustment Proposal.
2.The land originally adjacent to roadway, railway, village, or special built improvement.
3.The graveyard.
4.The land originally located at the area of cemetery, river, the edge of the valley, or special topography.
5.The land category of yuan, lio, pond, ditch, river, grass, forest, or tza registered and hard to be transformed into paddy or dry land.
Article 23
The landowner whose redistributed lot size or merged lot size still below the minimum farm lot size in the readjustment area should be compensated with the currency in accordance with original evaluated the district land value. If the landownership belongs to more than one landowner in above situation, there is only one person shall apply for the redistribution.
The land compensated with currency in the preceding paragraph should auction in public. The special municipality or the county (city) competent authority should sell the land if not auctioned out twice to the farmer who needs.
The landowner adjacent to the land auctioned or sold in the second paragraph has the right of pre-emption in accordance with the same qualifications. If there is more than one landowner take the right of pre-emption, the landownership should be decided by lottery.
Article 24
The common land in the readjustment area shall be redistributed to individual as following circumstances:
1.The land above minimum farm lot size redistributed to common landowner.
2.The land above minimum farm lot size owned by the part of the common landowner if the common landowner owns more than one lot.
3.The common land redistributed to one of common landowner through negotiation.
Article 25
The special municipality or the county (city) competent authority should announce publicly the result of redistribution at local government organization in the readjustment area after finishing land redistribution, and send the notices in writing to landowner, tenant, reclamier and other land right owner.
The course of the public announcement in the preceding paragraph is thirty days.
Article 26
The special municipality or the county (city) competent authority should investigate and dispose the opposition in writing about land redistribution during the course of the public announcement. The mediation should be done between the related land right owners. 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 five days.
The opposition in the preceding paragraph should be mediated first by Farmland Readjustment Commission or Farmland Readjustment Coordination Commission if been set up already in county level.
Article 27
The redistributed land after the farmland readjustment is deemed as original land since the day of redistribution confirmed.
Article 28
The competent authority should notify landowner, tenant and reclaimer in writing to transfer land within a definite period. The refuse of transfer shall be referred to the court for compulsory execution.
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