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Chapter Law Content

Title: Urban Planning Law CH
Category: Ministry of the Interior(內政部)
Chapter IX: Supplementary Provisions
Article 81
When formulating, expanding or modifying urban plans according to this Law, the area to be covered by the plan shall first be demarcated and approved by the concerned urban planning committee. New construction, additional construction, rebuilding, change of terrain, or large-scale quarrying may be prohibited, unless such activities are for military purposes, emergency relief or public interest, or the construction is already underway and special approval for continuation has been obtained from the competent authority.
The Ministry of the Interior shall stipulate the regulations regarding the conditions for the special approval described in the preceding paragraph, application procedure, required documents, and revocation of approval when violations occur.
The length of prohibition stated in Paragraph 1 shall be no more than two years, depending on the size of the area covered by the plan and the nature of the public services.
The range and length of prohibition of construction shall be presented to the Executive Yuan for approval.
When buildings constructed with the special approval described in Paragraph 1 are found in contradiction to urban plans and must be dismantled, the concerned parties may not request for compensation.
Article 82
When a special municipality or county/city government finds it necessary to request for reconsideration of a master plan or detailed plan that has been approved by the Ministry of the Interior, such a request may be made once only and shall be filed within one month after receiving the approval document. If the Ministry of the Interior sustains the original plan after reconsideration, the said government shall announce and implement the plan according to Article 21.
Article 83
The period of use of land expropriated in accordance with this Law shall be the time frame approved without being subject to the restriction set forth in Article 219 of the Land Act.
The original owner of land that has not been used according to the time frame approved may buy back the land at the original expropriation price.
Article 83-1
Acquisition of land reserved for public facilities, preservation and maintenance of buildings of memorable or artistic value and historical monuments, and provision of public open space may be conducted through transfer of floor area rights.
The Ministry of the Interior shall stipulate the regulations regarding the types of sending sites in transfer of floor area rights, the determination of floor area rights to be transferred out, the range of floor area rights to be transferred in, the limit of floor area rights to be transferred into receiving sites, the conversion formulae, the transfer approaches, payment for purchases of floor area rights, the operating and application procedures, and the required documents.
Article 84
Resale of zone expropriated land by sections according to this Law after development may be exempted from the restrictions set forth in Articles 25 of the Land Act. However, the original owners may buy back a proportion as stipulated in the Equalization of Land Rights Act before the land is put up for sale.
Article 85
The enforcement rules of this Law shall be stipulated by special municipality governments at the special municipality level and approved by the Ministry of the Interior and forwarded to the Executive Yuan for record and stipulated by the Ministry of the Interior at the provincial level and presented to the Executive Yuan for record.
Article 86
Special municipality or county/city governments , or township, town or county city offices shall compile a report on the implementation progress of urban plans they execute within one month after the announcement and implementation of such plans and present the report to Ministry of the Interior or county/city for reference.
Article 87
This Law shall enter into force on the day it is promulgated.