Rural Community Land Readjustment Act
2002-12-11
手機睡眠
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Chapter I General Principles
Article 1
This act is enacted to improve the proper land use and the environment in rural community.
Unless otherwise provided for in this Act, other relevant laws are applied.
Unless otherwise provided for in this Act, other relevant laws are applied.
Article 2
The term “ competent authority” as used in this Act means Ministry of Interior, at the central govern level; the government of the special municipality at the special municipality level; and the county / city government at the county / city level.
Article 3
The term ” rural community” as used in this Act means the rural district designed by non-urban land use zoning under Regional Plan Law, country village, and the aborigine village.
The rural community in the preceding paragraph shall be broadened its area for regional development or increasing public facilities in necessity.
The rural community in the preceding paragraph shall be broadened its area for regional development or increasing public facilities in necessity.
Article 4
The metropolitan or the county / city competent authority should establish Rural Community Land Readjustment Commission for transacting the arrangements of Country Community Land Readjustment. Rural community shall establish Rural Community Renewal Coordination Commission to assist the arrangements of rural community renewal, the coordination and the maintenance of land readjustment. The organization of Rural Community Renewal Coordination Commission is formulated and promulgated by the Ministry of Interior jointly with the Council of Agriculture, Executive Yuan and the Council of Indigenous People.
The Rural Community Renewal Coordination Commission shall invite the experts and scholars to planning and consulting.
The Rural Community Renewal Coordination Commission shall invite the experts and scholars to planning and consulting.
Chapter II The Extraction of Readjustment Area
Article 5
The metropolitan or the county / city competent authority shall apply transacting Rural Community Land Readjustment to the Central Competent Authority for approval as following circumstances:
1.The necessity of improving proper land use in the rural community.
2.The necessity of implementing the rural community renewal.
3.The necessity of matching the regional development.
4.The necessity of rebuilding disaster area suffered by earthquake, flood, typhoon, fire, or other mass disasters.
The metropolitan or the county competent authority shall extract proper area in and around the disaster area mentioned in the fourth subparagraph of the preceding paragraph to readjustment. The Central Competent Authority shall transact the readjustment area directly in necessity.
1.The necessity of improving proper land use in the rural community.
2.The necessity of implementing the rural community renewal.
3.The necessity of matching the regional development.
4.The necessity of rebuilding disaster area suffered by earthquake, flood, typhoon, fire, or other mass disasters.
The metropolitan or the county competent authority shall extract proper area in and around the disaster area mentioned in the fourth subparagraph of the preceding paragraph to readjustment. The Central Competent Authority shall transact the readjustment area directly in necessity.
Article 6
The metropolitan or the county / city competent authority, extracting readjustment area in accordance with the preceding article, asks opinions for Rural Community Renewal Committee, makes a plan and proposed the Readjustment Proposal and cadastral map. Then the authority invites landowners and relevant persons to hold the hearing, and revised the Readjustment Proposal and cadastral map. When the authority gets more than one half of private landowners’ agreement who hold more than one half of lands in the readjustment area, the Readjustment Proposal been approved by Central competent authority is announced publicly at Township/city office organization for thirty days, then is implemented.
The competent authority should mediate the opposition opposed by private landowners in the readjustment area during the course of the public announcement mentioned in the preceding paragraph.
The plan in the first paragraph should consider the agricultural development, the maintenance of historic spots and cultural relics, the conservation of ecological environment, and the rural community reconstruction.
The competent authority should mediate the opposition opposed by private landowners in the readjustment area during the course of the public announcement mentioned in the preceding paragraph.
The plan in the first paragraph should consider the agricultural development, the maintenance of historic spots and cultural relics, the conservation of ecological environment, and the rural community reconstruction.
Article 7
The landowners shall apply transacting Rural Community Land Readjustment in priority to the metropolitan or the county / city competent authority for approval, if more than one half of landowners who hold more than one half lands fit to the circumstances of the Article 5 in the rural community readjustment area agree.
Article 8
During the course of public announcement of Rural Community Land Readjustment Proposal and the cadastral map, the metropolitan or the county / city competent authority shall announce publicly in the meantime of prohibiting land modification activities such as built improvements construction, new development, stone quarrying, or changing topography in the readjustment area.
The course of prohibition in the preceding paragraph shall not last more than eighteen months.
The publicly announcing prohibition in the first paragraph is not necessary to consult with the landowners and the owners of built improvements.
The course of prohibition in the preceding paragraph shall not last more than eighteen months.
The publicly announcing prohibition in the first paragraph is not necessary to consult with the landowners and the owners of built improvements.
Article 9
The landowners shall organize the Readjustment Commission independently to transact Rural Community Land Readjustment for improving land use and broaden arrangements of Rural Community Land Readjustment. The guidelines about the relevant preparation work, the readjustment organization, the applying process, the readjustment arrangements, the approval conditions, management, the commendation, punishment for against regulations, other provision should be formulated and promulgated by the Central Competent Authority.
The commendation mentioned in the preceding paragraph as follows:
1.The low rate of readjustment loan.
2.Free of charges or reduced charges for the cadastral arrangement fees and exchange of the rights certificate fees.
3.The priority of constructing public infrastructure in and around readjustment area,
4.Exemption or reduction of the land value tax and Agricultural land tax.
5.The relevant arrangements of promoting implementing rural community land readjustment.
The Readjustment Commission should get the agreement of more than one half of landowners who hold more than one half of lands in the readjustment area, and get the approval from the metropolitan or the county / city competent authority to transact readjustment.
The commendation mentioned in the preceding paragraph as follows:
1.The low rate of readjustment loan.
2.Free of charges or reduced charges for the cadastral arrangement fees and exchange of the rights certificate fees.
3.The priority of constructing public infrastructure in and around readjustment area,
4.Exemption or reduction of the land value tax and Agricultural land tax.
5.The relevant arrangements of promoting implementing rural community land readjustment.
The Readjustment Commission should get the agreement of more than one half of landowners who hold more than one half of lands in the readjustment area, and get the approval from the metropolitan or the county / city competent authority to transact readjustment.
Chapter III The Encumbrance and the Construction Wok of Readjustment
Article 10
The metropolitan and the county / city competent authority should investigate the location, traffic situation, and the land-use of every lot, evaluate land value after readjustment, and compare the land value before and after readjustment. After appraised by the land evaluation committee Those land value are the standard of the encumbrance of land for the public infrastructure the fees, the transferring land, and the flexible compensation.
Article 11
The government should pay the expenses of administrative affairs and planning design for Rural Community Land Readjustment. The costs on the construction works are shared at the proportion formulated by the Executive Yuan by the government and the landowners.
The land for road, ditch, underground communication and electricity, sewer, square, activity center, green land and other land reserved for the public infrastructure satisfying modern life function should be substituted by the land for road, ditch, river and the unregistered land originally owned by the government. If the land is still not enough, plus the fee for demolishing and loan interest, then the lack land should be substituted by the proportion of the land in readjustment area in accordance with the benefit taken by the landowners.
The encumbrance on landowners in both preceding paragraph is paid with the cost equivalent lands in readjustment area or with currency if no built land.
The cost equivalent lands mentioned in the preceding paragraph should be less than 35 percent of total land. But there is no maximum percent limit under the condition of the agreement of more than one half of landowners who hold more than one half of lands in the readjustment area.
The land, except land used for construction before readjustment, should encumber more than 40 percent of encumbrance in the readjustment area. The transaction of the extra part of the cost equivalent lands mentioned in the preceding paragraph is applied for the provision of Article 2 9.
The land for road, ditch, underground communication and electricity, sewer, square, activity center, green land and other land reserved for the public infrastructure satisfying modern life function should be substituted by the land for road, ditch, river and the unregistered land originally owned by the government. If the land is still not enough, plus the fee for demolishing and loan interest, then the lack land should be substituted by the proportion of the land in readjustment area in accordance with the benefit taken by the landowners.
The encumbrance on landowners in both preceding paragraph is paid with the cost equivalent lands in readjustment area or with currency if no built land.
The cost equivalent lands mentioned in the preceding paragraph should be less than 35 percent of total land. But there is no maximum percent limit under the condition of the agreement of more than one half of landowners who hold more than one half of lands in the readjustment area.
The land, except land used for construction before readjustment, should encumber more than 40 percent of encumbrance in the readjustment area. The transaction of the extra part of the cost equivalent lands mentioned in the preceding paragraph is applied for the provision of Article 2 9.
Article 12
The land for original roadway, pond, ditch, or other land for public use in the readjustment area shall be modified or eliminated for implementing land readjustment.
Article 13
The metropolitan or the county / city competent authorities should announce publicly and notify the owner or landlord to demolish or relocate land improvements and graves in the readjustment area by themselves during thirty days. The demolishment or relocation should be done by the competent authorities if delaying to do so or nobody to notifying.
The demolishment or relocation of land improvements and graves in the preceding paragraph should be compensated. The standard of compensation is investigated and formulated by the metropolitan or the county / city competent authority. There is no compensation if against the provision of Article 8 . The expenses of the demolishment or relocation paid by the competent authorities should be deducted from the compensation currency.
While demolishing or relocation land improvements mentioned in the preceding paragraph, it should be aware of the preservation of historic spots and cultural relics.
The demolishment or relocation of land improvements and graves in the preceding paragraph should be compensated. The standard of compensation is investigated and formulated by the metropolitan or the county / city competent authority. There is no compensation if against the provision of Article 8 . The expenses of the demolishment or relocation paid by the competent authorities should be deducted from the compensation currency.
While demolishing or relocation land improvements mentioned in the preceding paragraph, it should be aware of the preservation of historic spots and cultural relics.
Chapter IV The Land Redistribution and the Transaction of Opposition
Article 14
All the lands in the readjustment area should be redistributed. The rights and the identification of lands recorded on the land register are identified at the time of one day before the redistributing work begins.
Article 15
The metropolitan or the county / city competent authority should have ceased registration of transference in land righes or the encumbrance except the registration of inheritance, compulsory execution, land expropriation, and the judicial decision since the redistribution begins.
The period of ceasing registration in preceding paragraph shall not last more than eight months.
The metropolitan or the county / city competent authority should announce publicly to cease registration in the first paragraph and to start redistribution in the preceding article at the time of the day to cease registration thirty days ago.
The publicly announcing prohibition in the first paragraph is not necessary to consult with the landowner, the owner of built improvements and other land right owners.
The period of ceasing registration in preceding paragraph shall not last more than eight months.
The metropolitan or the county / city competent authority should announce publicly to cease registration in the first paragraph and to start redistribution in the preceding article at the time of the day to cease registration thirty days ago.
The publicly announcing prohibition in the first paragraph is not necessary to consult with the landowner, the owner of built improvements and other land right owners.
Article 16
The land deducted cost equivalent land in accordance with the provision of Article 11 from the original land should be distributed to original landowner with the proportion of land value. The landowners should pay or get difference of land value if the redistributed lot size is more or less than the original lot size orderly.
The calculation of readjustment encumbrance and the redistributed lot size is based on registration in land register.
The calculation of readjustment encumbrance and the redistributed lot size is based on registration in land register.
Article 17
The differential lot size, which is less than the actual registered lot size and has not been corrected in the readjustment area, shall be calculated in common encumbtance.
Article 18
The location of redistributed land shall be located in original order. The adjustment pattern is as follows:
1.The land been carried with built improvements and not disturbing the readjustment proposal and readjustment work is located at original site.
2.The every redistributed land beyond the minimum lot size should be distributed individually, if the landowners has several lots in the readjustment area. The land below the minimum lot size shall be merged to the larger one.
3.The redistributed land below one half of the minimum lot size even been merged should be applied to merge with redistributed land owned by other landowner or be compensated by currency. The land beyond one half of the minimum lot size shall be redistributed to the land beyond the minimum lot size in less depth area or lower land value area.
4.The individual common land agreed by more than one half of common landowners who have more than one half of the right and the redistributed land beyond the minimum lot size shall be distributed individually. If the right owned by common landowners is more than two-third of the land right, the number of the common landowners can be neglected.
5.The location of the land originally located at the land reserved for the public infrastructure site before readjustment is adjusted to another location by the competent authority.
The metropolitan or the county / city competent authority formulates the standard of minimum lot size mentioned in the preceding paragraph in the plan and design of readjustment. But the standard shall not be below the width, depth and size provided in the Rules for Using Odd Lots.
1.The land been carried with built improvements and not disturbing the readjustment proposal and readjustment work is located at original site.
2.The every redistributed land beyond the minimum lot size should be distributed individually, if the landowners has several lots in the readjustment area. The land below the minimum lot size shall be merged to the larger one.
3.The redistributed land below one half of the minimum lot size even been merged should be applied to merge with redistributed land owned by other landowner or be compensated by currency. The land beyond one half of the minimum lot size shall be redistributed to the land beyond the minimum lot size in less depth area or lower land value area.
4.The individual common land agreed by more than one half of common landowners who have more than one half of the right and the redistributed land beyond the minimum lot size shall be distributed individually. If the right owned by common landowners is more than two-third of the land right, the number of the common landowners can be neglected.
5.The location of the land originally located at the land reserved for the public infrastructure site before readjustment is adjusted to another location by the competent authority.
The metropolitan or the county / city competent authority formulates the standard of minimum lot size mentioned in the preceding paragraph in the plan and design of readjustment. But the standard shall not be below the width, depth and size provided in the Rules for Using Odd Lots.
Article 19
The metropolitan or the county / city competent authority should announce publicly the result of redistribution at Township / city office organization in the readjustment area after finishing land redistribution, and send the notices in writing to landowners and other land rights owner.
The course of the public announcement in the preceding paragraph is thirty days.
The course of the public announcement in the preceding paragraph is thirty days.
Article 20
The landowners should oppose their opinions in writing to the metropolitan or the county / city competent authority during the course of public announcement. If not, the result of redistribution should be confirmed after the course of public announcement.
The metropolitan or the county / city competent authority should investigate and dispose the opposition in writing mentioned in the preceding paragraph. The opposition involved the other land right should be mediated by Rural Community Land Readjustment Commission first. If the mediation fails, the metropolitan or the county / city competent authority takes over the mediation. The landowner should raise an opposition on the spot, if they are not satisfied about the mediation. The competent authority should apply to the higher authority for ruling the opposition within ten days.
The metropolitan or the county / city competent authority should investigate and dispose the opposition in writing mentioned in the preceding paragraph. The opposition involved the other land right should be mediated by Rural Community Land Readjustment Commission first. If the mediation fails, the metropolitan or the county / city competent authority takes over the mediation. The landowner should raise an opposition on the spot, if they are not satisfied about the mediation. The competent authority should apply to the higher authority for ruling the opposition within ten days.
Article 21
The redistributed land after community land readjustment is deemed as original land since the day of redistribution confirmed.
Article 22
The metropolitan or the county / city competent authority should notify the original landowners and the tenant in writing to relocate or take over land in the readjustment area within a definite time. The refuse of not taking over shall be referred as been taken over.
Chapter V Right Liquidation and the Arrangement of Cadastration
Article 23
The metropolitan or the county / city competent authority registers the land right originally registered registration of other rights and registration of restriction as transformation registration or registration of restriction directly in accordance with the result of redistribution in the readjustment area, and notifies the landowners and the other obligee individually.
Article 24
The superficies, the permanent lease or easement registered before readjustment is deemed as elimination. The superficies obligee, the permanent lease obligee, or easement obligee shall claim for equivalent compensation to the landowner.
Such rights over constructional improvements on land as mortgage and dien are deemed nullified if they can no longer meet their original objectives due to readjustment. The holders of the said rights may request the landowners for creation of mortgage and dien on the land distributed to him after readjustment. If the constructional improvements is not belonged the landowners. The holders of the said rights may request the owners of the constructional improvements to give due compensation.
The claim in the both above paragraph should be exercised within two months since the confirmed notice of readjustment redistribution has been sent.
Such rights over constructional improvements on land as mortgage and dien are deemed nullified if they can no longer meet their original objectives due to readjustment. The holders of the said rights may request the landowners for creation of mortgage and dien on the land distributed to him after readjustment. If the constructional improvements is not belonged the landowners. The holders of the said rights may request the owners of the constructional improvements to give due compensation.
The claim in the both above paragraph should be exercised within two months since the confirmed notice of readjustment redistribution has been sent.
Article 25
The competent authority should invite the obligee for the coordination of the mortgage or dien originally registered over the undistributed land within two moths. The right will be arranged according to the result or the coordination agreed, if the coordination is failed, the competent authority should deposit the compensation of the right and makes the name listing to the register for registration of cancellation directly.
Article 26
The metropolitan or the country / city competent authority should cancel the lease contract directly and inform the parties, if the arable lease land applied to the 37.5% Arable Rent Reduction Act could not fulfill the purpose of original lease owing to the implementing readjustment.
The lessee whose lease contract being canceled in the preceding paragraph shall apply or claim for compensation in accordance with the provision as follows:
1.The lessee shall apply the compensation of one third of public announced current land value in accordance with Readjustment Proposal to the lessor, if they get the redistributed land.
2.The lessor takes two-third of land compensation; the lessee takes one-third of it, if they do not get the redistributed land.
The metropolitan or the county / city competent authority should cancel the lease contract directly, and compensate the lessee with one-third current land value in accordance with Readjustment Proposal, if the land for originally public-owned roadway, pitch, river, and unregistered land has a lease contract on. The expenses of compensation are included in common encumbrance.
The lessee whose lease contract being canceled in the preceding paragraph shall apply or claim for compensation in accordance with the provision as follows:
1.The lessee shall apply the compensation of one third of public announced current land value in accordance with Readjustment Proposal to the lessor, if they get the redistributed land.
2.The lessor takes two-third of land compensation; the lessee takes one-third of it, if they do not get the redistributed land.
The metropolitan or the county / city competent authority should cancel the lease contract directly, and compensate the lessee with one-third current land value in accordance with Readjustment Proposal, if the land for originally public-owned roadway, pitch, river, and unregistered land has a lease contract on. The expenses of compensation are included in common encumbrance.
Article 27
The metropolitan or the county / city competent authority should reassign numbers to redistributed land, make a listing to the register organization for cadastral survey and modification registration directly, and notify the landowners to exchange the certification of the titles for free charge within thirty days. The certification of the titles not exchanged in the limit period is announced invalid.
Article 28
Since the day of the redistribution confirmed, the redistributed land shall not be transferred or encumbered until the difference of land value in accordance with the first paragraph of Article 1 6 is paid.
Article 29
The cost equivalent land in accordance with the forth paragraph of Article 11, deducted the land for public facilities, should be bided for sell publicly at a bottom price, and shall be sold for public housing, public utility, or special project proved by the Executive Yuan at a bottom price.
The landowners or the person been the resident in the readjustment area has the preferential right under the same conditions with the decision of Rural Community Renewal Commission, while the cost equivalent land being bided for sell publicly mentioned in the preceding paragraph.
The land of bidding for sell or sale in the first paragraph is no limit to Article 25 of The Land Law.
The bottom price in the first paragraph shall not be lower than the estimated land value after readjustment.
The residual, gotten from the income of the land of bidding for sell or sale deducted off the payment of readjustment, is for the expenses of rural community development.
The landowners or the person been the resident in the readjustment area has the preferential right under the same conditions with the decision of Rural Community Renewal Commission, while the cost equivalent land being bided for sell publicly mentioned in the preceding paragraph.
The land of bidding for sell or sale in the first paragraph is no limit to Article 25 of The Land Law.
The bottom price in the first paragraph shall not be lower than the estimated land value after readjustment.
The residual, gotten from the income of the land of bidding for sell or sale deducted off the payment of readjustment, is for the expenses of rural community development.
Article 30
The land substituted or been common encumbrance for public facilities in the readjustment area and the land for sell in accordance with the preceding article and that in the fifth paragraph of Article 1 1 are registered to the title of government of the special municipality or the county / city government.
The competent authorities of public infrastructure manages the land substituted or been common encumbered for land reserved for the public infrastructure in the preceding paragraph, and the metropolitan or the county / city competent authority manage the land for sell.
The competent authorities of public infrastructure manages the land substituted or been common encumbered for land reserved for the public infrastructure in the preceding paragraph, and the metropolitan or the county / city competent authority manage the land for sell.
Chapter VI Supplementary Provision
Article 31
The payment in cash in accordance with the third paragraph of Article 11 and the payment of differential land value of the provision of Article 16, not paid within a definite time, shall be referred to the court for compulsory execution. The redistributed land in the readjustment area, not relocated within a definite time in accordance with the provision of Article 22, is the same as above.
Article 32
The common land left by ancestors after overall development shall be exempted or reduced the land value incremental tax at the first time of land been built transformation. The guideline of exemption and reduction is formulated and promulgated by the Ministry of Finance jointly with Ministry of Interior.
Article 34
The Enforcement Rules of this act is formulated and promulgated by the Central Competent Authority.
Article 35
This act is implemented from the day of promulgation