Chapter VI Supplementary Provisions
Article 62
Public hearings and acquiring land by negotiating a price with the land or land improvement owners or by other means may be exempted, provided the land use applicant uses the lands or improvements first before the application for requisition pursuant to the proviso of Paragraph 4, Article 58 of the Act.
Article 62-1
The land expropriation case in Paragraph 2, Article 58 of the Act, the land use applicant shall submitted to the Central Competent Authority for approval, and notify the owner applicant.
Article 63
When applying for the requisition of lands or land improvements, the land use applicant shall prepare a detailed requisition plan affixed with a map of lands or a list of land improvements under requisition and a map of proposed land use planning, and submit them to the Central Competent Authority for approval and send copies of the same to the municipal or county (city) competent authority.
The requisition plan shall contain the following particulars:
1. The reasons for the requisition of the lands or land improvements.
2. The scope and areas of the lands or improvements under requisition.
3. The type of undertaking project.
4. The legal basis for the undertaking project.
5. The current use conditions of the lands and the names and domiciles of the users.
6. The conditions of land improvements.
7. Land improvements under simultaneous requisition.
8. The use conditions of adjoining lands and the conditions of improvements thereon.
9. Whether there exist any historical relics located on lands applied for requisition; if yes, their current conditions and upkeep measures.
10. The course of public hearings held.
11. The course of acquiring the land or improvement by negotiating a price with the land or land improvement owners or by other means, and the opinions given by the owners.
12. The names and domiciles of the owners or custodians of the lands or land improvements.
13. The layout for use of lands under requisition.
14. A brief description of the proposed undertaking and the duration of requisition.
15. Total amount of compensation required and its allocation.
16. Total amount of funds reserved and its sources.
For the requisition of land improvements, matters stated in Subparagraphs 7 and 13 of the preceding paragraph are not required.
In case of a situation referred to in the preceding article, matters stated in Subparagraphs 10 and 11 of Paragraph 2 hereof are not required in the requisition plan.
Article 64
If the lands under expropriation cannot maintain the original descriptions or locations due to subdivision, consolidation, re-survey, readjustment, the landowners or their inheritors of the original lot numbers shall be given the preferential right to purchase on the same terms when such lands are sold by public tender.
Article 65
When the lands are sold by public tender according to Article 59 of the Act, the notice of public tender shall note that the original landowners or their inheritors have the preferential right to purchase on the same terms and that those who plan to exercise their preferential right to purchase their lands back, they shall apply to the authority in charge of public tender in writing by submitting a security deposit and related supporting documents within ten (10) days after the closing of public tender.
The authority in charge of public tender shall examine and approve the application for exercising the preferential right to purchase within the prescribed time period according to the preceding paragraph based on the information provided by the municipal or county (city) competent authority and supporting documents submitted by the applicant.
If there are two or more persons applying to exercise the preferential right to purchase the same land for public tender, an agreement reached among all such applicants shall be submitted to the authority in charge of public tender within ten (10) days of receiving the notice from the authority. Where no agreement could be reached, the authority in charge of public tender shall calculate the area each original landowner is entitled to purchase and the price to pay based on the ratio of the area of their respective land expropriated over the total area applied by all original landowners to exercise the preferential right to purchase. However if the land for public tender no longer maintains its original description or location due to subdivision, consolidation, re-survey, or readjustment, the calculation shall be made according to the area of the whole land with the lot number originally expropriated and on which the public tender is held.
If an original landowner has two or more inheritors applying to exercise the preferential right to purchase the expropriated land referred to in the preceding paragraph, the share of land that may be purchased by respective inheritor shall be calculated based on the number of the inheritors unless it is otherwise agreed by the inheritors.
The security deposit referred to in Paragraph 1 hereof shall be the same as bid bond noted in the notice of public tender. The authority in charge of the public tender shall clearly note the payment, refund, or confiscation of the security deposit in the notice of public tender.
Article 65-1
The authority which cause the damage shall be liable for compensation resulting from land expropriation case. While there are several liable authorities involved in the same case, the proportion of compensation shall be negotiated between each authority.
The provision of the preceding paragraph shall be applicable for the expropriation of land or land improvements which publicly announced before the promulgation of this Act.
Article 66
These Rules shall come into force on the day of its promulgation.
Except for Articles 30, 31 and 31-1 which will be implemented on the date on which Article 30 of the Act amended on January 4, 2012 is implemented, all other articles amended on June 27, 2012 will be implemented on the date of promulgation.