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

Print Time:2024/11/22 09:28
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Chapter Law Content

Chapter V Cancellation and Revocation of Expropriation
Article 56-1
The term “land use having begun to be used” as referred to Article 49 of the Act, shall mean the construction of the main body of the undertaking has commenced. The term “land use has been completed”, shall mean the whole construction work of the undertaking project has been acceptance. Unless the nature of the undertaking does not require any construction work.
Article 57
The cancellation or revocation of expropriation according to Article 50 of the Act may be applied only after the expiration of the public announcement period therefor.
Article 57-1
The original landowners who may request the cancellation or revocation of expropriation in Paragraph 2, Article 50 of the Act are the original owners of the expropriated land, or if the original owner has deceased are all of his inheritors. However, one of the inheritors may apply for the common interests of the all inheritors with stating the reasons.
In case the land of the preceding paragraph is jointly owned, each co-owner may apply for cancellation or revocation of expropriation of their respective holding.
Article 58
The public announcement referred to in Paragraph 2, Article 51 of the Act shall clearly state the following particulars:
1. Name of the land use applicant.
2. The type of the original undertaking.
3. The original approving authority, the authority, date and number of document approving the cancellation or revocation of expropriation.
4. The area of land where the expropriation is cancelled or revoked.
5. The amount to be paid back due to the cancellation or revocation of expropriation, the deadline and the place for making repayment.
6. The period of public announcement.
7. Landowners who fail to pay back the amount payable before the deadline will not receive the original land back and are not allowed to apply for redemption of land according to Article 9 of the Act.
8. The time limit for raising objections and filing an administrative remedy.
Article 59
If the lands on which expropriation is cancelled or revoked were encumbered with other rights or farmland lease contracts before the expropriation, and the original landowners have not picked up the compensation they are entitled to, the municipal or county (city) competent authority shall, according to Paragraph 2, Article 51 of the Act, 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.
Article 60
If the lands for which the original registration shall be maintained according to Paragraph 2, Article 51 of the Act are public lands, such lands shall be dealt with according to laws and ordnances governing the administration of public property.
Article 61
When the land use applicant assesses the existing portion of originally expropriated land improvements for the simultaneous cancellation or revocation of the expropriation according to Paragraph 2, Article 54 of the Act, original landowners who object to the assessed land value may raise objections thereto by submitting a written statement to the municipal or county (city) competent authority. The municipal or county (city) competent authority may handle the matter in accordance with Article 22 of the Act.
Article 61-1
The landowners who may request the land use applicant to expropriate the ownership of the land in Paragraph 2, Article 57 of the Act are the original owners of the expropriated land, or if the original owner has deceased, the person whose name is recorded in the register if the registration of inheritance is completed, or all rightful inheritors if the registration of inheritance has not been completed.
In case the land of the preceding paragraph is jointly owned, each co-owner may apply for expropriation of their respective holding.
Article 61-2
The request expropriation case in Paragraph 2, Article 57 of the Act, the land use applicant shall meet with the owner applicant and other relevant authorities to conduct an onsite survey jointly, and produce a survey record. Then the case shall be submitted to the Central Competent Authority for approval, and notify the owner applicant. If the owner applicant does not meet the requirement set out in Paragraph 1 of the preceding article or the application is filed past the statutory time period, the land use applicant shall directly report to the Central Competent Authority for approval, and notify the owner applicant without conducting an onsite survey.
When the onsite survey is conducted according to the preceding paragraph, any different opinions expressed by the owner applicant shall be clearly entered into the survey record.
Article 61-3
The land expropriation case in Paragraph 2,Article 57 of the Act, while the owner of land improvement as the same as the owner of land, the improvements thereon shall also be expropriated according to Paragraph 1 and 2,Article 5 of the Act.
Article 61-4
While cancellation or revocation of superficies expropriation which expropriated permitted in Paragraph 1, the ownership has been expropriated in Paragraph 2, same article of the Act should be cancelled or revoked simultaneously.
When the expropriation of land is cancelled or revoked referred to the preceding paragraph, the expropriation of land improvement shall be cancelled or revoked simultaneously according to Article 54 and 55 of the Act.
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