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

Print Time:2024/11/25 06:22
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Chapter Law Content

Title: Land Expropriation Act CH
Category: Ministry of the Interior(內政部)
Chapter V Cancellation and Revocation of Expropriation
Article 49
The land use applicants shall properly use the expropriated land according to the approved plan and the established time limit. Before completing the use of land according to the expropriation plan, the applicant shall review its undertaking project every year, and its superior authority in charge of the undertaking shall put the project under control. In case of any of the following situations, the expropriation disposition shall be withdrawn:
1. The land originally expropriated is no longer located within the area of land for project use due to operational errors.
2. The urban planning project has been regulated to be developed by means of joint venture, urban land consolidation or other means when the expropriation is publicly announced. The preceding provision does not apply to land to be developed by means of joint venture when the landowners are unwilling to participate in the joint development.
The expropriation of land that has been publicly announced shall be revoked in case of any of the following situations:
1. The land originally expropriated is no longer located within the area of land for project use due to change in project design.
2. The proposed undertaking is changed or the proposed undertaking project is withdrawn, the development approach has changed, or the method of acquisition has changed before the land is to be used according to the expropriation plan.
3. All or part of the land originally expropriated is no longer needed due to the change of circumstances after land use has commenced according to the expropriation plan but has not been completed.
When the expropriation of land or land improvement is withdrawal or revoked according to the preceding two paragraphs, the expropriation of jointly expropriated remaining land or improvement shall be withdrawn or revoked simultaneously, unless the remaining part has been transferred or used for other purposes.
The provisions referred to in the preceding three paragraphs shall, mutatis mutandis, apply to those expropriated lands publicly announced prior to the promulgation of this Act.
Article 50
The withdraw or revocation of expropriation shall be applied by the land use applicant to the Central Competent Authority.
Where expropriated land has any of the situations provided in the subparagraphs of Paragraph 1 or Paragraph 2 of the preceding article but the land use applicant has not applied for withdraw or revocation of expropriation, the original landowners may request the withdraw or revocation of expropriation with the municipal or county (city) competent authority.
After receiving a request according to the preceding paragraph, the municipal or county (city) competent authority shall review the case together with the land use applicant and other relevant authorities. If the request is found to comply with the rules, the land use applicant shall make an application in accordance with the provisions of Paragraph 1 hereof; if not, the municipal or county (city) competent authority shall reply to the original landowners with the review decision.
Where the original landowner disagrees with the result of review referred to in the preceding paragraph, the landowner may appeal to the Central Competent Authority for the withdraw or revocation of expropriation in thirty (30) days starting from the service of the letter from the municipal or county (city) competent authority. If the application is found to comply with the rules, the Central Competent Authority may directly cancel or revoke the expropriation; if not, the Central Competent Authority shall notify the original landowner of the review decision. Where the original landowner disagrees with the review decision, he may file for administrative remedy according to law.
Where expropriated land has any of the situations provided in the subparagraphs of Paragraph 1 or Paragraph 2 of the preceding article but the land use applicant has not applied for withdraw or revocation of expropriation, the municipal or county (city) competent authority shall meet with the land use applicant and other relevant authorities to review the case, and then apply to the Central Competent Authority for withdraw or revocation of expropriation.
Article 51
The Central Competent Authority shall notify the municipal or county (city) competent authority of a decision on the original case after approving the withdraw or revocation of an expropriation.
Upon receiving the notification of withdraw or revocation of expropriation from the Central Competent Authority, the municipal or county (city) competent authority shall publicly announce the decision for thirty (30) days and notify the original landowners to pay off the amount payable by them within a given time period and then return their originally owned lands back to them. If the landowner fails to pay off the amount payable within a given time period, he will not receive the land back and may not apply for redemption of the land pursuant to Article 9 herein.
The time period referred to in the preceding paragraph shall not be less than six months.
The amount payable referred to in Paragraph 2 hereof shall include the compensation for land value, additional compensation for land value and relocation fees. However if persons or objects provided in Paragraph 1 of Article 34 have moved out or been removed, the landowner is not required to pay relocation fees.
The compensation for land value referred to in the preceding paragraph shall include the amount of money received by the holders of other rights or the lessees of farmland if the land has other rights created or the farmland has a lease contract thereon before the expropriation.
Article 52
The other rights originally created or the lease contract of farmland originally made before expropriation will not be restored after the withdraw or revocation of expropriation. But for mortgage or dien on the distributed land for compensation as applied for by the original landowner and the holders of other rights pursuant to Article 42 herein, the original mortgage or dien may be restored.
Article 52-1
The preceding two articles shall, mutatis mutandis, apply to the payoff of compensation for expropriation, the return of land and the handling of originally created other rights and farmland lease if the expropriated land has any of the following situations:
1. The expropriation is withdrawn or revoked by the Central Competent Authority in accordance with the Administrative Procedure Act.
2. The expropriation is withdrawn or revoked by the order of the administrative authority following an application by an affected party or interested party pursuant to Article 128 of the Administrative Procedure Act.
3. The expropriation is withdrawn or revoked based on an administrative remedy decision.
Article 53
The provisions of the preceding five articles shall, mutatis mutandis, apply to the withdraw or revocation of expropriated land improvements.
Article 54
When the expropriation of land is withdrawn or revoked, the expropriation of land improvements thereon that were expropriated together with the land shall also be withdrawn or revoked, unless the improvements have been entirely destroyed.
In case the value of the land improvements referred to in the preceding paragraph has depreciated since the time of expropriation and is still suitable for certain use, the original land use applicant may assess the value of the existing portion, and simultaneously undertake the withdraw or revocation of expropriation therefor.
Article 55
If the owner of the land with expropriation withdrawal or revoked is the same as the owner of land improvements with expropriation canceled or revoked together with the land, the owner shall pay off the amount payable on both the land and improvement before the land and existing improvements are returned to him.
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