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Title: Cadastral Clearance Act CH
Category: Ministry of the Interior(內政部)
Chapter III the clearing up of the land registered in the name of deity worship associations
Article 19
The land of deity worship associations, shall be declared by deity worship associations managers or representatives elected by more than 1/3 of the members or believers, within declaration period, with the following documents, to the municipal or county (city) authority concerned of the location of the land:
1.the declaration.
2.the history of the deity worship association and the original covenant. Where there is no original covenant, it can be substituted by the certificate of the members of the organization or capital contribution when the deity worship association was set up.
3.the roll of current members or believers, the systematic chart of members or believers and all of the household registration transcript of members or believers.
4.the registration transcript and detailed list of the land.
5.other concerning documents.
Where there are two or more declaration referred to in the preceding paragraph, the municipal, county (city)authority concerned shall inform the parties to coordinate one man to declare within three months. If there is no coordination, the municipal, county (city) authorities concerned shall inform the parties to file an action of confirmation to the court within a month and report directly to the municipal, county (city) authorities concerned. The municipal, county (city) authority concerned shall deal with according to court's decision. All will be dismissed if no suit is filed before the deadline.
Where the land of deity worship association is located in different municipalities or counties (cities), he shall declare to the authorities concerned of municipality or County (City) in which the land area of the land of the deity worship association is the biggest. The authority concerned which accepts the declaration, shall inform other authority concerned of municipality or County (City) in which the land of the deity worship association is located to review jointly.
Article 20
The municipal or county (city) authority concerned, after reviewing as correct the declaration of deity worship associations according to the provisions of the preceding
paragraph, shall notice and display the roll and systematic chart of members or believers and detailed list of the land in the office of township (town, city, district) or village in which the land is located for a period of three months. It shall also leave the copy of notice and the roll and systematic chart of current members or believers and detailed list of the real estate, to the declarer to publish on a local prevailing newspaper or electronic newspaper for three consecutive days from the date on which the notice is posted, andpost the notice for thirty days in the website of the municipalor county (city) authority concerned and the township(town,city, district).
The related party of the land rights can file, in writing and with proving documents, an objection to the municipal or county (city) authority concerned within the period of notice of the preceding paragraph.
The provisions of article 9 shall be mutatis mutandis applied to the objection concerning a dispute of private rights of the preceding paragraph.
Article 21
The municipal or county (city) authority concerned shall inform the declarer to correct the declaration of deity worship associations according to the provisions of the paragraph 1 of article 19 if attached documents are incomplete within six months; cannot be corrected or no correction being made before the deadline, dismiss the application.
Article 22
When no objection is filed before the deadline, or mediation is established, or a decision of court becomes certain, for the declaration of deity worship associations according to the provisions of the paragraph 1 of article 19, the municipal or county (city) authority concerned shall immediately return to the declarer the roll and systematic chart of current members or believers and detailed list of the land of the deity worship associations after stamping verification seal and inform registration authority.
Article 23
Where there are changes, omissions, or mistakes after the roll and systematic chart of current members or believers, and detailed list of the land of the deity worship association is stamped and verified by the municipal or county (city) authority concerned, the managers, members, believers, or interested party of the deity worship associations, with more than half of the members or believers’ written consent, may apply, stating reasons and attaching concerning documents, for correction. However, if the changes are due to inheritance, the written consent by more than half of the members or believers is not required.
After reviewing as correct, the municipal or county (city) authority concerned which accepts the application in the preceding paragraph, shall give thirty days’ notice, and inform the registration authority. If there is no objection, the authority concerned shall correct the roll of current members or believers or detailed list of the land, and inform the registration authority after correction.
The provisions of article 9 shall be mutatis mutandis applied to the objection concerning a dispute of private rights of the preceding paragraph.
Article 24
After receipt of the roll and systematic chart of current members or believers and detailed list of the land of the deity worship associations being stamped verification seal by the municipal or county (city) authority concerned, the declarer shall deal with according to one of the following ways within three years:
1.to apply the land of the deity worship associations change of name registration as the juridical person being owner, when more than half of the members or believers agree in writing to establish a juridical person according to law.
2.to apply the land of the deity worship associations registered as the property of joint tenancy or individual ownership of current members or believers, according to covenant or more than half of the members or believers’ written consent.
When the declarer does not deal with according to the preceding paragraph, the municipal or county (city) authority concerned shall request land registration authority concerned to register as the property of joint tenancy of equal separate share of the current members or believers, according to the roll of current members or believers.
Article 25
The land of deity worship associations, being cleared up according to concerning law prior to the enforcement of the Act, which is still registered in the name of a deity worship association after the enforcement of the Act, shall deal with according to the provisions of paragraph 1 of the preceding article within three years from the date of enforcement of the Act; if no dealing with before the deadline, the municipal or county (city) authority concerned shall deal with according to the provisions of paragraph 2 of the preceding article.
Article 26
The land, registered not in the name of a deity worship association, of the nature and fact of deity worship associations prior to the enforcement of the Act, when the declarer provides written consent or other certifiable proving documents that more than half of current known members or believers agree to deal with as the case of deity worship associations, apply mutatis mutandis the provisions of this chapter.