Chapter 4 Utilization
Section 1 Purpose of Public Use Property
Article 26
The term “purpose abolition of public use property” indicates one of following items:
1. Primary use and enterprise purpose exterminated.
2. Original use organization abolished and no other organization to succeed.
3. Failure to use in accordance with predetermined plans, stipulated purposes or enterprise purposes and pass over one year.
4. The time limit of primary use expired.
5. No continuing use needed due to reality.
Public use property under one of the foregoing items, original administration authority shall report to competent authority automatically; those property unappropriated use shall report to the Ministry of Finance to convert into the non-public use property by competent authority.
Land appropriation approved according to the paragraph 2 of Article 38 of this Act, if appropriation authority can not use land within one year due to reality situation, appropriation authority can apply to the Ministry of Finance for extension of deadline but not over 6 months.
Article 27
When public use property approved to convert into non-public use property and hand over to the National Property Administration, for those belonging to real estate shall be handed over under a vacant lot and handle registration for changes of management organization except organizations concerned obtain agreement of the National Property Administration and approval of the Ministry of Finance due to a special situation; for those belonging to personal property, organizations concerned shall keep the status quo of property in good conditions.
Article 28
The competent authority of public use property shall convert the purpose of official and public use property within the stipulated purpose or exchange this kind of property for use or take over the use by succeeding organization due to using organization reorganized or combined, the competent authority shall inform the Ministry of Finance.
Article 29
The property acquired by the contribution according to Article 37 of this Act, the competent authority shall specify administration authority to handling national registration or determine the procedure on ownership.
The foregoing property acquired by the contribution with attached conditions, the donee authority shall inform the Ministry of Finance and submit it to the Executive Yuan for approval.
Section 2 The Appropriation of Non-Public Use Property
Article 30
Each government authority appropriating the non-public use real estate according to Article 38 of this Act shall get appropriation applications ready and its forms shall be specified by the Ministry of Finance.
Article 31
Each government authority appropriates non-public use real estate according to paragraph 1 of Article 38 of this Act, its application name must be as follows:
1. Central organization, school at all levels, applied by its name of each organization, school.
2. Municipality, County(City) Government and their subordinate organization, school, applied by its name of each organization, school; Village(Town, City) Office, applied by its name of Village(Town, City) Office; Municipality, County(City) Council, applied by its name of each council; Village (Town, City) Council, applied by the name of Village(Town, City) Office.
3. Organizations, schools, troops under the Ministry of National Defense and its Subordinate Agencies, applied by the name of Armaments Bureau of the Ministry.
4. Provincial Government and its subordinate organization, applied by the name of Provincial Government and its subordinate organization; Provincial Advisory Assembly, applied by the name of Provincial Advisory Assembly.
Article 32
The term ”superior authority” mentioned in paragraph 2 of Article of this Act indicates following organizations:
1. Central organization, school at all levels mentioned in the foregoing subparagraph 1 indicate presidential office or each yuan, ministry, committee, department, bureau.
2. Municipality, County(City) Government and their subordinate organization, school mentioned in subparagraph 2 of the foregoing article indicate Municipality or County(City) government; Village(Town, City) office, their superior authority indicates county government; Municipality, County(City) Assembly, their superior authority indicate each assembly.
3. Armaments Bureau mentioned in subparagraph 3 of this article, its superior authority indicates the ministry of National Defense.
4. Provincial government and its subordinate organization mentioned in subparagraph 4, their superior authority indicates provincial government; provincial advisory assembly, its superior authority indicates provincial advisory assembly.
The term “verifying the facts” mentioned in subparagraph 1 of paragraph 1 of Article 38 of this Act indicates that to decide a appropriation is allowed or not by utilization plan, needed area, maps and expenditure budget drafted by the appropriation organization.
Article 33
The term ”prosperous area” mentioned in subparagraph 1 of paragraph 1 of Article 38 of this Act indicates commercial district of urban planning or land price over a given amount which is decided by the National Property Administration.
Article 34
Appropriating national land for construction purpose, construction area must be computed by standard of building coverage ratio, however, land needed by defense and communication important facilities or needed by training organization is not subject to restrictions.
Appropriating national land for constructing office, barracks and school building shall make possible use of building height in order to promote land utilization value.
Article 36
Non-public use real estate after appropriation, the National Property Administration can send a officer to investigate its utilization on-the-spot.
Article 38
While appropriating national land, accepted appropriation organization reorganized or combined and succeeding organization taking over the utilization shall ask branch offices of the National Property Administration to investigate firstly and report to the Ministry of Finance for reference.
Section 3 Borrowing of Non-Public Use Property
Article 39
To apply borrowing of non-public use property according to Article 40 of this Act shall get borrowing application ready and its forms shall be specified by the National Property Administration.
Article 40
Stipulation of Article 31 of this Regulations can be applied to borrow no-public use real estate.
Article 41
Borrowing organization of non-public use property, while borrowing term half month before expired or stop utilization on the way, shall inform branch offices of the National Property Administration to take over periodically and can not have any disposition without authorization.
Article 42
Borrowing organization safekeeping the borrowed property shall fulfill its duty as a manager.
Borrowing organization violating the foregoing stipulation so as to cause manage shall compensate for the loss according to price stipulated by the National Property Administration.
Article 43
Borrowed property damaged or lost due to irresistible force, borrowing organization shall inform lending organization the actual situation within 3 days and lending organization shall stop lending relation, recall borrowed property or handle the procedure of damaging or scraping if borrowed property is confirmed in uselessness.