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Chapter 6 Disposition
Section 1 Disposition of Non-Public Use Real Estate
Article 49
Regarding disposal or establishing liability or leasing term over 10 years of non-public use real estate, the National Property Administration shall get approval from the Ministry of Finance to handle these business according to this Regulations and report a prepared list to the Executive Yuan for reference.
Article 50
(Deleted)
Article 51
(Deleted)
Article 52
(Deleted)
Article 53
The term “direct user” mentioned in paragraph 1 of Article 49 of this Act indicates that leasee is using national non-public use real estate and signs a leasing contract with the National Property Administration or its branch offices.
Article 54
(Deleted)
Article 55
The term “society, culture, education, charity relief organizations” mentioned in Article 51 of this Act indicates a corporate body established by law.
The foregoing organization applying for purchase of non-public use real estate shall prepare an enterprise plan firstly to point out money source and report to its competent authority in charge of relevant enterprise for examination and pass on to the Executive Yuan for approval as well as agreed by Audit authority.
Article 55-1
The sale handled according to paragraph 1 of Article 52-1 of this Act, its sale objects are as follows:
1. National house occupying private lands, its land owner.
2. National house sold, building lot not sold yet, its current house owner.
3. National portion of the joint ownership of real estate, other joint owner.
4. National real estate within the scope of obtaining whole development permission, its developer.
5. Land category is “grave” with tomb on it but not belongs to the cemetery, its owner of the grave.
6. Other special use situations and location, its actual requirer.
The so-called “obtaining whole development permission” mentioned in foregoing paragraph shall get approval from each competent authority in charge of the relevant enterprise or municipality, county(city) competent authority.
The term “special use situations or location” indicates one of the following situations:
1. Land utilized by private and legal building and hard to recover.
2. Land mixed with private land, inability to use alone.
3. Land used for public enterprise decided by competent authority in charge of the relevant enterprise.
4. Land provided for necessary use verified by competent authority concerned.
5. True status of land verified as a special situations by the Ministry of Finance.
Article 55-2
The sale stipulated in Article 52 and Article 52-2 of this Act is applied at the National Property Administration or its branch offices.
Article 55-3
The term “non-public use real estate” mentioned in Article 52-2 of this Act indicates non-public use real estate beyond the following items:
1. Real estate for countervailing tax.
2. Land of public facilities.
3. Real estate can not owned by private according to law.
4. Real estate for original dormitory or family dormitory use.
The term “direct user” mentioned in Article 52-2 of this Act indicates the following persons who use real estate before this Act amended and executed on January 14,2000 and keep using until real estate sold:
1. National land occupied by private building which includes main body building with its dwelling place or subordinate facilities, direct user refers to owner of main body building or actual dividing user.
2. National housing and land, direct user refers to dwelling user who has household registration.
Actual dividing user as mentioned in subparagraph 1 of foregoing paragraph indicates legal heir of building owner's legacy and needed to divide use according to true status. The situations needed to divide use, subparagraph 1 of foregoing paragraph and dwelling place of main body building or verifying standard for subordinate facilities are decided by the National Property Administration.
The term “first announced land current value” mentioned in Article 52-2 of this Act indicates first announced land current value specified by the Equalization of Land Rights Act. When handling first announced land current value of the section, for those unregistered land, sectional average value of land value section of the land located shall be specified as its first announced land current value; for those no land value for the section, average sectional land value of adjoining land value section shall be specified as its announced land current value.
Data of land current value of foregoing paragraph, branch offices of the National Property Administration shall consult with local land offices to offer.
Handling sale for national non-public use housing or land over 500㎡ in area according to Article 52-2 of this Act, sale price shall be estimated in accordance with Appraisal for National Property.
Article 56
(Deleted)
Article 56-1
National non-public use real estate sold by tendering according to paragraph 2 of Article 54 of this Act, real estate shall be handed over to the winner under current situation.
Article 57
National house using other public land or other public house using national building land or house and land co-owned by central and local government, a party after gaining agreement from the other party can entrust any party to sell. Sale money shall be submitted to every public treasury respectively.
National and other public real estate adjoining each other, if combined sale is more advantage, they can be handled according to the foregoing paragraph.