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Chapter Law Content

Title: National Property Act CH
Category: Ministry of Finance(財政部)
Chapter 4 Utilization
Section 1 Purpose of public use property
Article 32
The public use property should be utilized in accordance with predetermined plans, stipulated purposes or enterprise purposes; of which, the enterprise use property is still applicable for operating budget procedures.
Unless otherwise specified in Acts, administration authorities shall plan the development, utilization of natural resources appropriately and efficiently.
Article 33
The public use property shall convert to the non-public use property when its purpose is abolished. The land expropriated by Laws shall apply the provisions of the Land Act and the Land Expropriation Act.
Article 34
Based on the national policy, the Ministry of Finance shall convert public use property into non-public use property after the agreement of competent authority and approval of the Executive Yuan.
For the public use property in any of the following situations, the Ministry of Finance may notify the administration authority with an activation of utilization plan proposed before the deadline, and it may convert the property into non-public-use property and handed over to the National Property Administration for management, if necessary. However, the recovery of the national real estate appropriated shall be reported to the Executive Yuan for abolishment by the Ministry of Finance in advance:
1.Abolishment of the intended use.
2.Idling.
3.Inactive or uneconomical use.
The Ministry of Finance shall make agreement with competent authority to exchange the category of public and non-public property, after the approval of the Executive Yuan.
Article 35
The competent authority shall supervise the administration authority to deliver the property to the National Property Administration to take over when the property is converted into non-public use. But this belonging to enterprise-used property formerly is handled by the original competent authority of the enterprise in accordance with the budget procedure.
The National Property Administration shall deliver the property to the competent or administration authority to take over when the property is converted into public use by the approval.
Article 36
Based on the actual need, the competent authority shall convert the purpose of official and public use property within the stipulated purpose, and exchange this kind of property for use.
If the converting purpose or exchanging for use referred to in the foregoing paragraph must change the competent authority, the competent authorities concerned shall make an agreement and obtain approval from the Ministry of Finance.
Article 37
The property acquired by the contribution, which is within the scope of the provision of Article 3, shall be reported by the authority accepted the contribution to the Ministry of Finance, the Ministry of Finance shall submit it to the Executive Yuan to appoint the competent authority according to the purpose.
Section 2 The appropriation of non-public use property
Article 38
Each government authority shall appropriate the non-public use real estate for official or public use, however, with one of situations in the following shall not apply:
1.Locating in prosperous area, the purpose of application for appropriation with no special needs.
2.For the purpose of dormitory.
3.Violating the provisions of zoning of regional or urban planning.
For the appropriation of proceeding paragraph, the applying authority shall attach the land use plan and drawings and summit to the superior authority for identifying, after the agreement of the National Property Administration, submit to the Executive Yuan for approval.
Article 39
After appropriated for public use, non-public use property with any one of situations in the following shall be taken back by the Ministry of Finance. However, the withdrawal of the appropriated land shall be done after it has been submitted to the Executive Yuan for abolition of appropriation.
1. The purpose is abolished.
2. The original purpose has been changed.
3. Aside from the use of original purpose, make other use for profit without approval.
4. Letting others use without approval.
5. Building sites vacated for more than one year without start construction.
Section 3 Borrowing of non-public use property
Article 40
The non-public use property shall be borrowed within 3 months for temporary or emergency official or public use by each government authority, military office, public school. If the property is land, shall not provide for construction.
The procedure for borrowing of proceeding paragraph shall be agreed by the administration authority and inform the Ministry of Finance.
Article 41
After being borrowed, non-public use property with one of situations in the following items, should be taken back by the administration authority:
1.Abolished the borrowing purpose.
2 Except primary purpose to make profit without approval.
3.Letting others use without approval.
When withdrawing, no claim for the compensation upon addition, improvement or repair of non-public use property during borrowing period.