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Chapter Law Content

Title: Land Surveying and Mapping Act CH
Category: Ministry of the Interior(內政部)
Chapter II Basic Survey
Article 7
The following sections outline the items for the basic survey:
1. The surveying of the survey datum.
2. Basic control survey.
The basic control survey should be conducted based on the survey datum, while the encrypted control survey should be conducted according to the results of the basic control survey.
Rules concerning the precision, operation methods, implementation procedures and other related issues of the implementation of the basic survey shall be set forth by the central authority concerned.
Article 8
In principle, the basic survey shall be conducted by the central authority concerned. Should the basic survey be conducted by other authorities or agencies, its implementation plans should be agreed upon by the central authority concerned prior to the commencement. Any changes or modifications should also be agreed by the central authority concerned first.
The results of surveying and mapping carried out by the previous Paragraph said "other authorities or agencies” should be submitted to the central authority concerned for assessment and approval within six months of the completion of the task. Results that comply with the rules concerning the precision should be filed (archived) for the management purpose. Any revisions or modifications of the rule-complying results should be processed in the same manner.
The military authorities or agencies are waived from the limitation prescribed in this Article when the basic survey that the authorities or agencies conduct involves military secrets.
Article 9
Should the surveyors of the central authority concerned or other authorities or agencies request to enter public or private lands or buildings for inspection or measuring for the need of conducting the basic survey, the owner, occupant, manager or user of the land or the building shall not reject such requests. However, an agreement should be obtained from the authorities that manage the lands used by national defense facilities prior to entering the lands.
The previous Paragraph the surveyors of the central authority should present supporting documents related to the execution of the task or show any marks or signs for identification purposes. A notice shall be sent to the owner, occupant, manager or user of the building or the land within 7 days prior to the land inspection or surveying.
The previous Paragraph 1 to 2 apply when the survey industry are consigned by the central authority concerned or other agencies or institutions to accomplish the basic survey.
Article 10
The following rules shall be observed when the central authority concerned or other authorities or agencies intend to use public or private lands and buildings to set up the permanent survey marks for the purpose of conducting the basic survey:
1. Under the circumstances that the original condition of use of the public lands is not affected, the managing agency (institution) shall not reject the request of the utilization of the public lands unless it has some proper reasons and reports to its supervising authority to obtain the approval of rejection.
2. Under the circumstances that the original condition of use of the building is not affected, the managing agency (institution) should be notified in advance and the building shall be provided in priority for use of setting up and maintaining survey marks.
3. Should the use of the private land be required, the consent from the land owners or managers to supply the land for use free of charge should be attained in advance. Negotiations of purchases or leases are required when necessary. Should all the negotiations fail to reach a conclusion, the land will be legally expropriated or conscripted.
4. Should the survey marks need to be placed in privately-owned buildings, the consent from the owners or managers to supply the building for use free of charge should be attained in advance. Expropriation or conscription by negotiations are needed when necessary.
Article 11
The previous Article 1 to 2 for inspection or surveying need remove or demolish obstacles . Should losses occur to the owner, the occupant, the manager or the user by relocating or demolishing any affiliated things on land, indemnifications should be negotiated and provided. Should the negotiations fail, the parts which are privately-owned will be legally expropriated.
Article 12
Institutions, groups and individuals should try to avoid constructing buildings near the survey marks or carry out any behaviors that might affect the surveying. If the institutions, groups or individuals reckon that the existing permanent survey marks might affect the exercise of their rights, an application with a detailed description of the reasons of how the marks might affect the exercise of their rights should be submitted to the agency that places the marks to request the removal and re-building of the marks. If the agency that places the marks deems that the permanent survey marks in issue do affect the exercise of the applicant’s rights, the removal and rebuilding shall be permitted. Should the agency that places the marks deems that the permanent survey marks in issue do not affect the exercise of the applicant’s rights, the application will be rejected. Moreover, the permanent survey marks which have become ineffective may be demolished.
Except for one of the following scenarios, the previous Paragraph the expenses incurred by moving and re-building the permanent survey marks shall be liable by the applicant:
1. To provide public lands or buildings for use according to Items 1 or 2 of Article 10.
2. To provide private lands or buildings without reward according Items 3 or 4 of Article 10.
3. To lease private lands or buildings according to Items 3 or 4 of Article 10. However, the rules of the leasing agreement should be observed should there be other rules in the leasing agreement.
The moving and re-building of the survey marks of Paragraph 1 should be carried out based on the previous Article 1 to 3.
The person who removes or damages the permanent survey marks without any specific reasons and thus results in the ineffectiveness of the marks shall be liable of the expenses incurred by rebuilding or reconstructing the marks.
Article 13
People who stack useless objects, hang ropes or paint or put stains on the permanent survey marks that subsequently leads to the negative impacts of the effectiveness of the permanent survey marks, an order to restore the marks to the original conditions with a given time-frame should be issued by the respective municipalities or the county (city) authorities concerned. If the order is not followed upon its expiration, the authorities concerned have the power to remove all the objects and obstacles on the survey marks and the persons receiving the order are liable for all the expenses incurred.
Article 14
The central authority concerned should distribute the illustrated guides of the location of the permanent survey marks of the basic survey to the authorities concerned of the municipal and county (city) governments. The authorities concerned of the municipal and county (city) governments are responsible for maintaining the illustrated guides and carry out the on-site verification of the locations at a regular basis and record the most current status of the permanent survey marks. If the permanent survey marks are damaged or moved, such damages or unexpected movements should be reported to the central authority concerned.
Article 15
The central authority concerned should announce the results and items of the basic survey and report to the relevant agencies. This article applies to the revisions.
The previous article applies when all levels of the authorities concerned wish to carry out the encrypted control survey.
Article 16
Articles 9 to 12 are applicable when conducting the encrypted control survey.