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Title: Land Expropriation Act CH
Category: Ministry of the Interior(內政部)
Chapter IV Zone Expropriation
Article 37
After the area for zone expropriation is determined following survey, the municipal or county (city) competent authority shall, in view of actual needs and with approval from the superior competent authority, make a separate or simultaneous public announcement, prohibiting the new construction, addition, remodeling or reconstruction of existing buildings, or extraction of earth and gravel on the land, or change of landform.
The prohibitory period referred to in the preceding paragraph shall not be more than one year and six months.
Article 38
In applying for zone expropriation of land, the land use applicant shall prepare a zone expropriation plan, a map of the expropriated land and a map of proposed land use planning, and submit them to the local municipal or county (city) competent authority. The local competent authority will hold a public hearing inviting the applicant and the landowners to attend and then submit the application to the Central Competent Authority for approval.
The provisions referred to in the preceding paragraph shall, mutatis mutandis, apply to zone expropriation project applied for by the Ministry of the Interior to the Executive Yuan for approval.
Article 39
Lands under zone expropriation shall be compensated in accordance with Article 30 herein. Except where the compensation for land value is imputed to construction land for compensation as applied by the landowners, the municipal or county (city) competent authority shall handle the remaining compensation items according to the provisions of Articles 31 to 34.
The total area of land for compensation shall be 50 per cent of the total area under zone expropriation in principle, unless it is otherwise approved by the superior competent authority under special circumstances. Notwithstanding the foregoing, the total area of land for compensation shall comprise not less than 40 per cent of the total area under zone expropriation. For readjusted agricultural lands within the area of zone expropriation, at least 45 per cent of the readjusted land shall be distributed as land for compensation.
Article 40
Original landowners who are unwilling to receive cash as compensation for their lands under zone expropriation may, during the public announcement period for expropriation, apply to the municipal or county (city) competent authority in writing for distribution of land for compensation by enclosing related supporting documents. The municipal or county (city) competent authority shall forthwith review the application and notify the applicant of the result in writing.
When landowners apply for distribution of land for compensation in accordance with the preceding paragraph, they may apply with all or part of the compensation they are entitled to for their expropriated land.
For landowners who apply for distribution of land for compensation, their rights and obligations in association with their lands end when they receive the notice of approval of the distribution of land for compensation issued by the municipal or county (city) competent authority. Landowners who have been approved to receive land for compensation or have received compensation payment for their expropriated land may apply to the municipal or county (city) competent authority to switch to the distribution of cash compensation or distribution of land for compensation based on the original compensation for land value. The municipal or county (city) competent authority will grant approval after obtaining the consent of the land use applicant.
Landowners who apply to switch to distribution of cash compensation or distribution of land for compensation according to the preceding paragraph shall make such application within one month from the date of notice of approval of distribution of land for compensation, or the date the cash compensation is paid in full, or the date of notice of compensation for land value being deposited into the custodian account, and such application is allowed once only. For applications for switching to distribution of land for compensation, the municipal or county (city) competent authorities shall ask the applicant to return the compensation for land value to be switched to land for compensation before granting the approval.
For applications for distribution of land for compensation, the municipal or county (city) competent authorities are not subject to the time limit for distribution of land for compensation as provided in Paragraph 1, Article 20 herein.
The municipal or county (city) competent authorities shall, after planning the allocation of lands to be distributed to landowners whose applications for distribution of land for compensation have been approved, request the registry authority to carry out the registration of land ownership, and notify the original landowners to take over by presenting themselves on the sites during a specific period. If any original landowner fails to do so as instructed, the land shall be deemed to have been taken over.
Article 41
When there is a lease contract on, or other rights over, or a registration of restriction on a farmland for which the landowner has applied for distribution of land for compensation, the municipal or county (city) competent authority shall notify the applicant to settle those matters himself and submit supporting documents within a prescribed time limit, unless it is otherwise provided in Article 42.
If the applicant fails to take actions according to the preceding paragraph, the municipal or county (city) competent authority shall disapprove the distribution of land for compensation.
The municipal or county (city) competent authority shall pay compensation in cash within fifteen (15) days after the decision of non-distribution of land for compensation.
Article 42
When there is a mortgage or dien created on the original land for which the landowner has applied for the distribution of land for compensation, the original landowner and the right holders may apply for the creation of a mortgage or dien on the distributed land by submitting supporting documents agreeing to cancel the original mortgage or dien.
The scope of rights, value, precedence of the mortgage or dien created on the distributed land for compensation according to the preceding paragraph shall be decided based on the agreement reached between the original landowner and the holder of other rights.
The mortgage or dien created according to Paragraph 1 hereof shall be registered simultaneously with the registration of ownership of land for compensation. The holders of other rights shall be notified after the completion of the registration.
Article 43
Any administrator of public land located within the area of zone expropriation shall provide the land to the competent authorities in charge of expropriation for uniform planning and allocation by receiving a payment in cash or by receiving the distribution of land back. But lands which have been used for the purposes referred to in Subparagraph 2, Paragraph 1 of Article 44 prior to zone expropriation shall be allocated to the competent authorities in charge of zone expropriation for uniform planning and development without consideration.
For public land provided by receiving a payment in cash according to the preceding paragraph, Article 30 shall, mutatis mutandis, apply to the calculation of land value. For public land provided by receiving the distribution of land back, the area of land to be distributed back shall be calculated according to the ratio of land for compensation for the zone expropriation, and be distributed back to the original administrator. The distribution of land back to the original administrator should give priority consideration to land allocated for public facilities other than those enumerated in Subparagraph 2, Paragraph 1 of Article 44 and be dealt with according to the zone expropriation plan.
Article 43-1
A special agricultural zone may be set up in the area of zone expropriation for farming by original landowners who apply for allocation of land with the cash compensation for land value they have already received.
The principles for the planning of the special agricultural zone referred to in the preceding paragraph, the qualifications, conditions and operating procedure for applying for land allocation, the area of land applied for and other matters of compliance shall be prescribed by competent authorities at various levels.
Article 44
After planning and preparation, the lands located within the area of zone expropriation shall be handled in the following manners, except for lands that are distributed back to the original administrators in accordance with Article 43 or allocated in accordance with Article 43-1:
1. Lands for compensation shall be distributed back to the landowners. The area of land for compensation each landowner is entitled to shall be calculated by the municipal or county (city) competent authority based on the value of land a landowner is entitled to receive, which is calculated in proportion to the ratio of his entitled compensation for land value and the total compensation for land value for the zone expropriation, and then divided by the unit value of the actually distributed land.
2. Lands used for roads, ditches, parks, green fields, children’s play grounds, public squares, car parks, public athletic grounds, and primary schools shall be registered under the ownership of municipality, county (city), village (township) without consideration.
3. The competent authorities may, based on the needs of their financial plan, allocate lands designated for public facilities other than those mentioned in the preceding subparagraph to government agencies that need lands with or without consideration or assign/sell those lands to public enterprises as indicated in the expropriation plan.
4. Lands used for public housing, settlement of aboriginals or for special projects approved by the Executive Yuan may be transferred/sold.
5. Other construction lands may be sold or leased through bidding or be created with superficies.
In case the area of lands distributed back to the original owners according to the preceding paragraph is less than the area of a minimum building unit, the landowners may apply for consolidation within a prescribed time limit. When no such application is made within the prescribed time limit, the municipal or county (city) competent authorities shall distribute payment in cash according to the compensation for land values to the original owners within thirty (30) days from the expiration of the prescribed time limit.
Lands used for public facilities other than those mentioned in Subparagraph 2 of Paragraph 1 hereof shall be handled in accordance with Subparagraph 5 of Paragraph 1 hereof, provided such public facilities may be privately run.
The prices of lands allocated or transferred/sold and the minimum bid prices of lands referred to in Subparagraphs 3 to 5 of Paragraph 1 shall take the total development cost as base and be assessed by the conditions of location, topography, transportation, width of road, the conditions of public facilities and expected development.
The term of leasing through bidding or the creation of superficies according to Subparagraph 5 of Paragraph 1 hereof shall not be more than ninety-nine (99) years.
Rules governing the selling or leasing through bidding, or the creation of superficies according to Subparagraph 5 of Paragraph 1 hereof shall be prescribed by competent authorities at various levels.
Article 45
When undertaking zone expropriation, the municipal or county (city) competent authority shall estimate the average development cost of lands under zone expropriation, and take into consideration the location, topography, transportation, width of road, the conditions of public facilities and expected development of each district after zone expropriation so as to assess the street value or district land value of each road or street after zone expropriation. The estimated value, after being assessed by the land value appraisal committee, shall be the base for the calculation of area of land for compensation to be distributed back to the original landowners.
Article 46
When the area of land for compensation actually received by an owner of land under zone expropriation differs from the area of land for compensation he is entitled to, the following provisions shall apply:
1. If the actually received area of land for compensation is more than the area of land for entitled compensation, the landowner shall be asked to pay the difference in land value for the excess portion based on the assessed land value after zone expropriation.
2. If the actually received area of land for compensation is less than the area of land for entitled compensation, the landowner shall receive the difference in value for the shortage based on the assessed land value after zone expropriation.
Any failure to effect payment for the difference in land value referred to in Subparagraph 1 of the preceding paragraph after the expiration of the prescribed time limit shall be brought to the court for compulsory enforcement.
The transfer of ownership or the creation of other rights shall not be allowed for land for compensation on which the difference in land value has not been paid off.
Article 47
Existing constructions or the lands used for private school, social welfare, philanthropic undertakings, or religious groups that have completed the registration as a foundation may receive lands at their original locations and be entitled to a reduction of payment of difference in land value incurred according to the preceding article, provided they are located within the area of zone expropriation and do not hinder in any way the undertaking of the urban planning project or the zone expropriation plan. The percentage of the reduction shall be decided by the competent authority in view of the actual situation and be clearly indicated in the zone expropriation plan.
Article 48
The provisions of Chapters II and III shall, mutatis mutandis, apply to the procedure of and compensation for zone expropriation not provided in this Chapter.