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

Print Time:2024/11/22 10:12
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Chapter Law Content

Title: Land Expropriation Act CH
Category: Ministry of the Interior(內政部)
Chapter VI Supplementary Provisions
Article 56
It may be noted in the expropriation plan that the expropriated land may be offered to private organizations for investment and construction by way of trust, joint venture, mandated development, mandated management, collaboration in business operations, creation of superficies or leasing.
The lands being applied for expropriation before the promulgation of this Act and having being applied to the Central Competent Authority for record may be offered to private organizations for investment and construction in a manner as provided in the preceding paragraph.
Article 57
When carrying out an undertaking provided in Article 3 herein, the land use applicant may negotiate with the landowners to reach an agreement on the acquisition of superficies on the needed space if its undertaking has to pass through the private lands from above or underneath. The provisions regulating the acquisition of superficies for expropriation shall, mutatis mutandis, apply when no agreement could be reached. However the place and method which will cause the least injury to the landowner shall be chosen.
If the land referred to in the preceding paragraph is no longer suitable for certain use due to the implementation of the undertaking, the landowners may, from the day the construction works commence, up to one year after the completion of the construction work, request the land use applicant to expropriate the ownership of the land, to which the applicant may not refuse.
The consideration originally received by the landowner for the creation of superficies referred to in the preceding paragraph shall be deducted from the compensation for land value.
Rules governing the compensation for superficies shall be prescribed jointly by the central competent authority in charge of the relevant industry and the Central Competent Authority.
Article 58
The State may requisition private land or land improvements for undertaking temporary public works.
If the duration of requisition will be longer than three years or if the requisition will happen twice or more with a combined duration of more than three years, the land use applicant shall notify the landowners in writing before applying for the requisition. The owners of private land or land improvements may request the applicant to expropriate their ownerships within thirty (30) days from the date of receiving such notice, to which the applicant may not refuse.
Owners of lands or land improvements expropriated by request according to the preceding paragraph are not allowed to apply for redemption of their lands or land improvements pursuant to Article 9 herein.
The provisions of Chapter II shall, mutatis mutandis, apply to the requisition of lands or land improvements. However in case of urgent circumstances that public interest will be gravely harmed if the use of land or land improvement is delayed, the land use applicant may first use the land or land improvement after obtaining approval from the Central Competent Authority.
Compensation for the use of land or land improvement shall be calculated starting from the date of public announcement of requisition and paid to the landowners or the holders of superficies, dien, servit, ude of real property, agricultural right, yungtien (right of permanent tenancy) or the right of cultivation in one lump sum within fifteen (15) days after the expiration of the public announcement period. The yearly compensation for land shall be 10 per cent of the announced current land value on the 15th day following the expiration of the public announcement period, whilst that for improvements shall be 10 per cent of compensation for expropriation. In case the duration of requisition is less than one year, the compensation shall be calculated on a monthly basis. In case the duration of requisition is less than one month, the compensation shall be calculated on a daily basis.
The payment of compensation for the use of land or land improvement referred to in the preceding paragraph may be postponed or dispensed in installment, subject to the consent of the compensation recipient.
The provisions of Article 31 in respect to compensation shall, mutatis mutandis, apply to the requisition of private improvements when the improvement must be dismantled or cannot be restored to their original condition before the requisition, except when the owner has given consent to the method of use.
Article 59
If the use purpose of private land changes after the land has been expropriated and used according to the approved plan, the land administration authority shall make a public announcement for one month when selling the land by public tender. The original landowner or his inheritors shall have the preferential right to purchase the land on the same terms offered. However such preferential right to purchase shall be deemed forfeited if the landowner or his inheritor does not express their intention to exercise such preferential right within ten (10) days after the closing of the public tender.
The provisions of the preceding paragraph shall apply when lands expropriated simultaneously according to Paragraph 1 of Article 8 herein must be sold by public tender together with the originally expropriated land.
The provisions of the preceding two paragraphs do not apply to zone expropriation.
Article 60
Any expropriation publicly announced before the promulgation of this Act but is still ongoing shall continue until the case is closed in accordance with the applicable rules and regulations in force at the time the expropriation was publicly announced.
Article 61
The application for the redemption of lands expropriated before the promulgation of this Act shall be carried out in accordance with the applicable rules and regulations in force before the promulgation of this Act.
Article 62
The enforcement rules of this Act shall be stipulated by the Central Competent Authority.
Article 63
This Act shall come into force on the date of its promulgation.
The date of implementation for Article 30 of this Act amended on December 13, 2011 will be determined by the Executive Yuan.
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