Enforcement Rules of the Land Expropriation Act
2019-12-16
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Chapter I General Provisions
Article 1
These Rules are adopted in accordance with Article 62 of the Land Expropriation Act (referred to as “the Act” hereunder).
Article 2
(deleted)
Article 2-1
The term “an interspersed odd piece of land” referred to in Paragraph 4, Article 3-1 of the Act shall mean arable or pastoral land in a special agricultural zone interspersed in the undertaking project area. The area of such lands is not more than 0.25 hectare individually and aggregately comprises not more than 10 per cent of the total area of the undertaking project. However in consideration of the intactness of the undertaking project, the area or proportion of such lands may be increased by up to 10 per cent.
The term “infrastructure project already approved by the Executive Yuan” referred to in Paragraph 4, Article 3-1 of the Act shall mean a major construction project determined as such in a review conducted by the central competent authority in charge of the relevant industry in consultation with relevant authorities on the project’s policy direction, total mass control, reasonableness, lack of substitution for the use of arable or pastoral land in the special agricultural zone and other matters, and approved by the Executive Yuan following the established procedure.
The term “infrastructure project already approved by the Executive Yuan” referred to in Paragraph 4, Article 3-1 of the Act shall mean a major construction project determined as such in a review conducted by the central competent authority in charge of the relevant industry in consultation with relevant authorities on the project’s policy direction, total mass control, reasonableness, lack of substitution for the use of arable or pastoral land in the special agricultural zone and other matters, and approved by the Executive Yuan following the established procedure.
Article 3
If any zone expropriation covers the multiple administrative jurisdictions of municipalities or counties (cities), the zone expropriation operation shall be carried out by each individual administrative jurisdiction. When necessary, joint operation may be carried out followings consultation and discussion.
Article 4
The determination of a circumstance as described in Subparagraph 3 or 4, Paragraph 1, Article 5 of the Act shall be undertaken by the municipal or county (city) competent authority together with other relevant authorities.
Article 5
After the public announcement of expropriation of a land improvement, if the owner of said improvement requests the possession of improvement and moves it by himself within fifteen (15) days after the expiration of public announcement period, the municipal or county (city) competent authority shall dispense relocation fees and requests the revocation of the originally approved simultaneous expropriation of land improvement according to the established statutory procedure.
Article 6
The owners who may apply for simultaneous expropriation of remaining land or constructional improvement under Article 8 of the Act are the original owners of the expropriated land or construction improvement, or if the original owner is deceased, the person whose name is recorded in the register if the registration of inheritance is completed, or all rightful inheritors if the registration of inheritance has not been completed.
In case the simultaneously expropriated remaining land or constructional improvement is jointly owned, each co-owner may apply for the simultaneous expropriation of their respective holding.
In case the simultaneously expropriated remaining land or constructional improvement is jointly owned, each co-owner may apply for the simultaneous expropriation of their respective holding.
Article 7
For any application for simultaneous expropriation of remaining land or constructional improvements under Paragraph 1, Article 8 of the Act, the municipal or county (city) government shall meet with the land use applicant, the owner applicant, and other relevant authorities to conduct onsite survey jointly and produce a survey record. If the application is found to comply with the rules, the municipal or county (city) competent authority shall request the land use applicant to submit the case to the Central Competent Authority for approval; if the application does not comply with the rules, the municipal or county (city) competent authority shall report to the Central Competent Authority for approval and notify the owner applicant of its decision. If the owner applicant does not meet the requirement set out in Paragraph 1 of the preceding article or the application is filed past the statutory time period, the municipal or county (city) competent authority shall directly report to the Central Competent Authority for approval and notify the owner applicant of its decision without conducting an onsite survey.
When the onsite survey is conducted according to the preceding paragraph, any differing opinions expressed by the owner applicant shall be clearly entered into the survey record.
When the onsite survey is conducted according to the preceding paragraph, any differing opinions expressed by the owner applicant shall be clearly entered into the survey record.
Article 8
When the original landowners apply for the redemption of their land ownerships under Article 9 of the Act, they may apply concurrently for the redemption of remaining land which has been simultaneously expropriated according to Article 8 of the Act. However the land administration authority may reject the application if the remaining land has been transferred or used for other purposes.
Unless a concurrent application for redemption of land ownership is made, original landowners may not apply separately for the redemption of remaining land which has been simultaneously expropriated according to Article 8 of the Act.
Unless a concurrent application for redemption of land ownership is made, original landowners may not apply separately for the redemption of remaining land which has been simultaneously expropriated according to Article 8 of the Act.
Article 9
For any application for the redemption of land ownerships under Article 9 of the Act, the municipal or county (city) competent authority shall meet with the land use applicant, the owner applicant, and other relevant authorities to conduct onsite survey jointly, and produce a survey record and make a suggestion on whether to agree to the redemption application. The case shall then be submitted to the original expropriation approving authority for approval.
In case of any of the following situations, the municipal or county (city) competent authority shall directly report to the original expropriation approving authority for approval and notify the owner applicant of its decision without conducting an onsite survey according to the preceding paragraph:
1. The applicant is not the original landowner or all of his inheritors. However, one of the inheritors apply for the common interests of the all inheritors with stating the reasons, then take actions according to the preceding paragraph.
2. The application is filed past the statutory time period.
3. The original landowner applies for redemption according to Subparagraph 1, Paragraph 1, Article9 of the Act within three years from the date when the payment of compensation was completed.
4. Before the expiration of use term as stipulated in other laws, the original landowner applies for redemption of land ownerships on the grounds that the land use applicant has not commenced using the land according to the expropriation plan.
When the onsite survey is conducted according to the first paragraph, any differing opinions expressed by the owner applicant shall be clearly entered into the survey record.
In case of any of the following situations, the municipal or county (city) competent authority shall directly report to the original expropriation approving authority for approval and notify the owner applicant of its decision without conducting an onsite survey according to the preceding paragraph:
1. The applicant is not the original landowner or all of his inheritors. However, one of the inheritors apply for the common interests of the all inheritors with stating the reasons, then take actions according to the preceding paragraph.
2. The application is filed past the statutory time period.
3. The original landowner applies for redemption according to Subparagraph 1, Paragraph 1, Article9 of the Act within three years from the date when the payment of compensation was completed.
4. Before the expiration of use term as stipulated in other laws, the original landowner applies for redemption of land ownerships on the grounds that the land use applicant has not commenced using the land according to the expropriation plan.
When the onsite survey is conducted according to the first paragraph, any differing opinions expressed by the owner applicant shall be clearly entered into the survey record.
Chapter II Expropriation Procedures
Article 10
When the land use applicant holds a public hearing according to Article 10 of the Act, it shall hold at least two such hearings and carry out the following:
1. The land use applicant shall, seven (7) days before the scheduled hearing, publicly announce the matter, date and place for the public hearing at the public places at where the lands under expropriation are located, the public announcement place of the municipal or county (city) government, town (township, city, district) office, and village (tsun/li) office, as well as appropriate public locations at where village (tsun/li) residents live, and post the information on its website, and publish it in the government gazette or press release.
2. A written notice shall be sent to all landowners whose lands are situated within the undertaking project area according to the domiciles recorded in the land register.
3. In the public hearing, the land use applicant shall give a brief introduction of the undertaking project, display relevant maps and explain the public interest purpose, necessity, appropriateness, reasonableness and legality of the undertaking, and hear the opinions of the landowners and interested parties. In the next public hearing, the land use applicant shall also respond clearly to the comments and opinions given by landowners and interested parties in the previous hearing and describe actions taken therefor.
4. Public hearing minutes shall be recorded and the minutes shall be made public and posted at the public places at where the lands under expropriation are located, the public announcement place of the municipal or county (city) government, town (township, city, district) office, and village (tsun/li) office, as well as appropriate public locations at where village (tsun/li) residents live. The land use applicant shall also post the minutes on its website, and send a written notice of the minutes to all landowners and interested parties.
5. The public announcement and written notice of the previous public hearing minutes made according to the preceding two subparagraphs as well as response to and actions taken with regard to the comments and opinions given by landowners and interested parties in the previous public hearing shall all be effected before the next public hearing.
All public hearing records as well as the opinions of landowners and interested parties, and response to those opinions and actions taken therefor shall be enclosed when the undertaking project is submitted to the competent authority in charge of the relevant industry and the expropriation plan is submitted to the approving authority for approval.
1. The land use applicant shall, seven (7) days before the scheduled hearing, publicly announce the matter, date and place for the public hearing at the public places at where the lands under expropriation are located, the public announcement place of the municipal or county (city) government, town (township, city, district) office, and village (tsun/li) office, as well as appropriate public locations at where village (tsun/li) residents live, and post the information on its website, and publish it in the government gazette or press release.
2. A written notice shall be sent to all landowners whose lands are situated within the undertaking project area according to the domiciles recorded in the land register.
3. In the public hearing, the land use applicant shall give a brief introduction of the undertaking project, display relevant maps and explain the public interest purpose, necessity, appropriateness, reasonableness and legality of the undertaking, and hear the opinions of the landowners and interested parties. In the next public hearing, the land use applicant shall also respond clearly to the comments and opinions given by landowners and interested parties in the previous hearing and describe actions taken therefor.
4. Public hearing minutes shall be recorded and the minutes shall be made public and posted at the public places at where the lands under expropriation are located, the public announcement place of the municipal or county (city) government, town (township, city, district) office, and village (tsun/li) office, as well as appropriate public locations at where village (tsun/li) residents live. The land use applicant shall also post the minutes on its website, and send a written notice of the minutes to all landowners and interested parties.
5. The public announcement and written notice of the previous public hearing minutes made according to the preceding two subparagraphs as well as response to and actions taken with regard to the comments and opinions given by landowners and interested parties in the previous public hearing shall all be effected before the next public hearing.
All public hearing records as well as the opinions of landowners and interested parties, and response to those opinions and actions taken therefor shall be enclosed when the undertaking project is submitted to the competent authority in charge of the relevant industry and the expropriation plan is submitted to the approving authority for approval.
Article 11
The term “national defense undertaking of secretive nature” referred to in the proviso of Paragraph 2, Article 10 of the Act shall mean those secretive national defense undertakings stipulated in the Guideline for Categories, Scopes and Levels of Military Secrets and Defense Secrets; the term “public hearings or explanatory meetings have been held earlier” shall mean one of the following situations:
1. At least two public hearings have been held for the undertaking project during its planning stage, and the latest hearing was held within three years from the time of expropriation application.
2. Public exhibitions or explanatory meetings have been held for the undertaking project according to the Urban Planning Act with all landowners notified, and the latest public exhibition or explanatory meeting was held within three years from the time of expropriation application.
3. Public hearings have been held for the original undertaking project, but additional expropriation of lands in the project area that are missed in the original expropriation plan is submitted for application.
4. The original undertaking has to be relocated or co-constructed in coordination with other undertakings and has heard the opinions of the landowners and interested parties on its relocation or co-construction in public hearings or explanatory meetings held by such other undertakings.
1. At least two public hearings have been held for the undertaking project during its planning stage, and the latest hearing was held within three years from the time of expropriation application.
2. Public exhibitions or explanatory meetings have been held for the undertaking project according to the Urban Planning Act with all landowners notified, and the latest public exhibition or explanatory meeting was held within three years from the time of expropriation application.
3. Public hearings have been held for the original undertaking project, but additional expropriation of lands in the project area that are missed in the original expropriation plan is submitted for application.
4. The original undertaking has to be relocated or co-constructed in coordination with other undertakings and has heard the opinions of the landowners and interested parties on its relocation or co-construction in public hearings or explanatory meetings held by such other undertakings.
Article 11-1
The term “special agricultural zone” referred to in Paragraph 3, Article 10 of the Act shall mean arable or pastoral land in a special agricultural zone; the term “dispute” shall mean the situation where after a construction project has been approved by the Executive Yuan as an infrastructure project and the expropriation application has sent a written notice to all owners of arable or pastoral lands in the special agricultural zone located within the project area notifying that they lands will be expropriated, any landowner raises objection to the necessity of including the arable or pastoral land he owns in the expropriation plan area, and remains objecting to the expropriation after the central industry competent authority in charge of the undertaking has made detailed explanation.
Any objection referred to in the preceding paragraph shall be filed by the landowner in writing with the land use applicant or the central competent authority in charge of the relevant industry (in relation to the undertaking) in one month after receiving the notice (of land expropriation). Otherwise, it shall be deemed that the landowners do not have objection to the expropriation.
Public hearings shall be held by the central competent authority in charge of the relevant industry (in relation to the undertaking) before the expropriation plan is submitted to the Central Competent Authority for review.
Any objection referred to in the preceding paragraph shall be filed by the landowner in writing with the land use applicant or the central competent authority in charge of the relevant industry (in relation to the undertaking) in one month after receiving the notice (of land expropriation). Otherwise, it shall be deemed that the landowners do not have objection to the expropriation.
Public hearings shall be held by the central competent authority in charge of the relevant industry (in relation to the undertaking) before the expropriation plan is submitted to the Central Competent Authority for review.
Article 12
Where there is an urgent need to use land due to public security but no agreement on the acquisition of land could be reached with the landowners in time due to time constraint as provided in Article 11 of the Act, the land use applicant shall submit the reasons to the competent authority in charge of the relevant industry for permission, and notify the landowners of the matter before applying for expropriation.
Article 13
With regard to the “opinions given by the owners” referred to in Subparagraph 5, Paragraph 1, Article 13-1 of the Act, the land use applicant shall notify the owners of the lands or improvements under expropriation to state their opinions prior to applying for the expropriation of the land or land improvement, unless the situation referred to in the preceding article applies.
The notification to the owners of lands or land improvements to state their opinions as referred to in the preceding paragraph may be served simultaneously at the time of acquiring the land or improvement by negotiating a price with the land or land improvement owners or by other means, or during a public hearing held for the undertaking of zone expropriation.
The written notice to owners to state their opinions as referred to in the preceding two paragraphs shall be effected according to the following provisions:
1. The time limit for stating opinions as informed in the written notice shall not be less than seven (7) days starting from the next day following the service of the notice; if the notice is served during a negotiation meeting, the time limit for stating opinions shall not be less than seven (7) days from the date of the last meeting.
2. The land use applicant shall record all opinions given verbally by landowners in written form and ask them to sign or affix seal on the record after they verify the content; if any landowner refuses to sign or affix seal on the record, the land use applicant should state the reason thereon. If a landowner disagrees with the content of the record, the land use applicant should make correction.
3. The land use applicant shall respond to the written or verbal opinions of landowners in writing and document its actions taken thereon. When applying for the expropriation of land or land improvement, the land use applicant shall enclose the written or verbal opinions of owners, its responses and actions taken therefor, and compile in an orderly manner those opinions, responses and actions taken and enter them in the Overview of Owners’ Opinions, Related Responses and Actions Taken (see attached).
The notification to the owners of lands or land improvements to state their opinions as referred to in the preceding paragraph may be served simultaneously at the time of acquiring the land or improvement by negotiating a price with the land or land improvement owners or by other means, or during a public hearing held for the undertaking of zone expropriation.
The written notice to owners to state their opinions as referred to in the preceding two paragraphs shall be effected according to the following provisions:
1. The time limit for stating opinions as informed in the written notice shall not be less than seven (7) days starting from the next day following the service of the notice; if the notice is served during a negotiation meeting, the time limit for stating opinions shall not be less than seven (7) days from the date of the last meeting.
2. The land use applicant shall record all opinions given verbally by landowners in written form and ask them to sign or affix seal on the record after they verify the content; if any landowner refuses to sign or affix seal on the record, the land use applicant should state the reason thereon. If a landowner disagrees with the content of the record, the land use applicant should make correction.
3. The land use applicant shall respond to the written or verbal opinions of landowners in writing and document its actions taken thereon. When applying for the expropriation of land or land improvement, the land use applicant shall enclose the written or verbal opinions of owners, its responses and actions taken therefor, and compile in an orderly manner those opinions, responses and actions taken and enter them in the Overview of Owners’ Opinions, Related Responses and Actions Taken (see attached).
- Attachment to Article 13.odt
Article 14
If the land use applicant has reached an agreement with landowners to acquire lands after negotiation but failed to reach an agreement to acquire private land improvements thereon, the applicant may apply for expropriation pursuant to Article 11 of the Act.
Article 15
The procedure for the application of expropriation is as follows:
1. The application shall be directly submitted to the Central Competent Authority for approval, if the land use applicant is a central government agency or a municipal or county (city) government.
2. The application shall be submitted to the Central Competent Authority for approval via the superior authority if the land use applicant is the subordinate agency of a central government agency.
3. The application shall be submitted to the Central Competent Authority for approval via the county (city) government if the land use applicant is a town (township, city) office.
4. The application shall be submitted to the central competent authority in charge of the relevant industry via the county (city) government, and then be forwarded to the Central Competent Authority for approval if the land use applicant is an irrigation association.
1. The application shall be directly submitted to the Central Competent Authority for approval, if the land use applicant is a central government agency or a municipal or county (city) government.
2. The application shall be submitted to the Central Competent Authority for approval via the superior authority if the land use applicant is the subordinate agency of a central government agency.
3. The application shall be submitted to the Central Competent Authority for approval via the county (city) government if the land use applicant is a town (township, city) office.
4. The application shall be submitted to the central competent authority in charge of the relevant industry via the county (city) government, and then be forwarded to the Central Competent Authority for approval if the land use applicant is an irrigation association.
Article 16
According to Paragraph 1, Article 13 and Article 13-1 of the Act, a land use applicant shall prepare expropriation plan to the Central Competent Authority for approval. If an application submitted to the Central Competent Authority for review is returned for correction and supplement, the land use applicant shall complete the correction and supplement within six (6) months. Otherwise, the applicant shall reperform the price negotiation procedure before resubmit.
Article 17
(deleted)
Article 18
The map of land under expropriation as provided in Article 13 of the Act shall be made based on cadastral maps, and marked with the area of lands for construction and for expropriation respectively and noted with legends.
Article 19
The map of proposed land use planning as provided in Article 13 of the Act shall clearly show the layout of land use allocation or the location of use and noted with legends.
Article 20
If a land is partially expropriated, the municipal or county (city) competent authority shall request the registry authority to conduct registration of subdivision survey of the land, and publicly announce the expropriation of the subdivided land based on the new land description after the registration.
Article 21
The public announcement made in accordance with Article 18 of the Act shall contain the following particulars:
1. Name of the land use applicant.
2. The type of undertaking project.
3. The approving authority and the number of document approving the expropriation.
4. The lands or land improvements expropriated and the amount of compensation.
5. The period of public announcement.
6. The time limit for raising objections and filing an administrative remedy.
7. Things prohibited after the public announcement of expropriation.
8. The conditions and deadline for the application of simultaneous expropriation.
9. Other matters that should be publicly announced according to rules.
The public announcement of expropriation for agricultural improvements or unregistered constructional improvements shall also note the names and domiciles of persons entitled to compensation.
The public announcement in Paragraph 1 hereof shall be affixed with the map of lands under expropriation and posted at the public announcement place of the municipal or county (city) competent authority, and at where the lands or land improvements under expropriation are located.
1. Name of the land use applicant.
2. The type of undertaking project.
3. The approving authority and the number of document approving the expropriation.
4. The lands or land improvements expropriated and the amount of compensation.
5. The period of public announcement.
6. The time limit for raising objections and filing an administrative remedy.
7. Things prohibited after the public announcement of expropriation.
8. The conditions and deadline for the application of simultaneous expropriation.
9. Other matters that should be publicly announced according to rules.
The public announcement of expropriation for agricultural improvements or unregistered constructional improvements shall also note the names and domiciles of persons entitled to compensation.
The public announcement in Paragraph 1 hereof shall be affixed with the map of lands under expropriation and posted at the public announcement place of the municipal or county (city) competent authority, and at where the lands or land improvements under expropriation are located.
Article 22
If an original landowner claims according to Paragraph 2, Article 20 of the Act that the expropriation of the land or land improvement has become invalid on grounds that the municipal or county (city) competent authority fails to pay compensation within the prescribed time limit, he may file the claim with the municipal or county (city) competent authority. The municipal or county (city) competent authority shall check the status of compensation payment and give its opinion on whether the expropriation is invalid, and then report to original approving authority for decision and reply to the original landowner after receiving the decision.
Article 23
If any person with an interest in the expropriated land or land improvement disagrees with the amount of compensation decided by the municipal or county (city) competent authority according to Paragraph 1, Article 22 of the Act, the person shall, within thirty (30) days from the date the decision is served, file a written statement to clearly state the facts and reasons for his disagreement with the municipal or county (city) competent authority.
Article 24
The municipal or county (city) competent authority shall, at the time of publicly announcing the expropriation, concurrently request the registry authority to enter the date and document number of the public announcement into the register of the expropriated land or constructional improvement, and prohibit any subdivision, consolidation, transfer of ownership, or the creation of encumbrance according to the provisions of Article 23 of the Act.
Article 25
The notifications and notice of compensation payment made by the municipal or county (city) competent authorities according to Article 13 herein, or Paragraph 1 of Article 18, Article 18-1, Paragraph 1 of Article 26, Paragraph 1 of Article 28, Article 36, Paragraph 2 of Article 51 or Paragraph 2 of Article 58 of the Act shall be served to the following recipients and in the manner as follows:
1. If the expropriated land or improvement has been registered, a written notice shall be sent according to the names and domiciles of the owners of the land or improvement recorded in the land register or constructional improvement register.
2. For the expropriation of agricultural improvements or unregistered constructional improvements, a written notice shall be sent to persons whose names and domiciles are publicly announced according to Paragraph 2 of Article 21 herein.
3. If the notices referred to in the preceding two subparagraphs could not be served, the service shall be effected by constructive notice according to the names and domiciles referred to in the two preceding subparagraphs.
The notifications referred to in Subparagraphs 1 and 2 of the preceding paragraph shall be served by registered mail with return receipt requested or by other methods with return receipt requested.
When the municipal or county (city) competent authorities send the notification of approval of expropriation to the owners of lands or land improvements or holders of other rights thereon according to Paragraph 1 of Article 18 of the Act, they may concurrently notify the recipients of the date for picking up the cash compensation.
1. If the expropriated land or improvement has been registered, a written notice shall be sent according to the names and domiciles of the owners of the land or improvement recorded in the land register or constructional improvement register.
2. For the expropriation of agricultural improvements or unregistered constructional improvements, a written notice shall be sent to persons whose names and domiciles are publicly announced according to Paragraph 2 of Article 21 herein.
3. If the notices referred to in the preceding two subparagraphs could not be served, the service shall be effected by constructive notice according to the names and domiciles referred to in the two preceding subparagraphs.
The notifications referred to in Subparagraphs 1 and 2 of the preceding paragraph shall be served by registered mail with return receipt requested or by other methods with return receipt requested.
When the municipal or county (city) competent authorities send the notification of approval of expropriation to the owners of lands or land improvements or holders of other rights thereon according to Paragraph 1 of Article 18 of the Act, they may concurrently notify the recipients of the date for picking up the cash compensation.
Article 26
The term “the duration of compensation payment under this Act” referred to in Paragraph 1, Article 26 of the Act shall mean the duration provided in Paragraph 1 of Article 20 and Paragraph 5 of Article 22 of the Act.
Article 27
The municipal or county (city) competent authorities shall report the situation of the operation to the Central Competent Authority for reference after completing the payment of compensation for expropriated land and other compensations and the completion of the land registrations.
Article 28
Where there is an urgent need for a land use applicant to commence work on the expropriation land or land improvement pursuant to Article 27 of the Act, the applicant shall, prior to applying for the expropriation, submit the reasons to the competent authority in charge of the relevant industry for approval. The competent authority in charge of the relevant industry will then submit the case to the Central Competent Authority for approval of expropriation and advance use of land. The municipal or county (city) competent authority shall concurrently publicly announce the aforesaid matter together with the public announcement of the expropriation.
Chapter III Compensation for Expropriation
Article 29
The calculation and payment of compensation for expropriated land shall be made by and through the municipal or county (city) competent authority.
Article 30
The term “current market value” referred to in Paragraph 1, Article 30 of the Act shall mean the current market price on the 15th day from the next day following the expiration of the public announcement period for the expropriation as determined by the Land Value Evaluation Committee.
When the current market value referred to in the preceding paragraph is below the publicly announced current value, the compensation shall be made based on the publicly announced current value.
When the current market value referred to in the preceding paragraph is below the publicly announced current value, the compensation shall be made based on the publicly announced current value.
Article 31
The term “average market value of adjoining lands not reserved for public facilities” referred to in Paragraph 1, Article 30 of the Act shall mean the average of normal transaction prices of adjoining lands not reserved for public facilities in the market, which shall be calculated in accordance with Paragraph 2, Article 63 of the Enforcement Rules for the Equalization of Land Rights Act. If the transaction prices of adjoining lands for public facilities are also included in the calculation that results in lower average market value, the transaction prices of such lands shall be excluded from the calculation.
For odd lots of construction land in agricultural zone or protection zone under urban planning, or odd lots of land with construction thereon designated for integrated development but not developed that have been delineated as land reserved for public facilities, the average market value of adjoining lands referred to in the preceding paragraph shall be calculated based on the average market prices of lands in each of three districts nearest to said reserved land with identical use purpose, whichever is highest.
If the land under expropriation is designated as land reserved for public facilities under urban planning after its market value has been assessed according to Paragraph 2, Article 30 of the Act, the market value of such land shall be reassessed in accordance with Article 63 of the Enforcement Rules for the Equalization of Land Rights Act prior to the public announcement of expropriation as basis for compensation for land value. However if reassessed value becomes lower, the originally assessed market value shall be used as basis for compensation for land value.
For odd lots of construction land in agricultural zone or protection zone under urban planning, or odd lots of land with construction thereon designated for integrated development but not developed that have been delineated as land reserved for public facilities, the average market value of adjoining lands referred to in the preceding paragraph shall be calculated based on the average market prices of lands in each of three districts nearest to said reserved land with identical use purpose, whichever is highest.
If the land under expropriation is designated as land reserved for public facilities under urban planning after its market value has been assessed according to Paragraph 2, Article 30 of the Act, the market value of such land shall be reassessed in accordance with Article 63 of the Enforcement Rules for the Equalization of Land Rights Act prior to the public announcement of expropriation as basis for compensation for land value. However if reassessed value becomes lower, the originally assessed market value shall be used as basis for compensation for land value.
Article 31-1
To carry out the survey and assessment of market value of land to determine compensation for expropriation according to Article 30 of the Act, the land use applicant shall notify the municipal or county (city) competent authority of information on the scope of land to be expropriated in writing.
The land use applicant shall send the notice referred to in the preceding paragraph to the municipal or county (city) competent authority before September 1 each year as basis for surveying and assessing compensation for expropriation of land in the following year. But for the promotion of urgent or infrastructure project in the year, the land use applicant may deliver such notice before March 1 the same year.
Where a land use applicant fails to provide the municipal or county (city) competent authority with information needed for surveying and assessing the market value of lands under expropriation before the deadline set out in the preceding paragraph, the applicant shall provide the municipal or county (city) competent authority with its own surveyed and assessed market value, or coordinate the survey and assessment of market value by the municipal or county (city) competent authority, and submit the market value obtained thereof to the Land Value Evaluation Committee for assessment. The land use applicant shall bear all costs and expenses thereof.
The land use applicant shall send the notice referred to in the preceding paragraph to the municipal or county (city) competent authority before September 1 each year as basis for surveying and assessing compensation for expropriation of land in the following year. But for the promotion of urgent or infrastructure project in the year, the land use applicant may deliver such notice before March 1 the same year.
Where a land use applicant fails to provide the municipal or county (city) competent authority with information needed for surveying and assessing the market value of lands under expropriation before the deadline set out in the preceding paragraph, the applicant shall provide the municipal or county (city) competent authority with its own surveyed and assessed market value, or coordinate the survey and assessment of market value by the municipal or county (city) competent authority, and submit the market value obtained thereof to the Land Value Evaluation Committee for assessment. The land use applicant shall bear all costs and expenses thereof.
Article 32
The term “land amelioration” referred to in Article 32 of the Act shall mean any of the following:
1. Improvements made on construction site: including land grading or filling up and excavation of the site, water and soil conservation, laying of pipes, construction of retaining walls, excavation of ditches, construction of roads, etc.
2. Farmland improvements: including soil preparation of arable land, water and soil conservation, soil improvement and construction of farm roads, and facilities for irrigation, drainage, windbreak or protection against sand and dikes.
3. Other improvements made for the development of land.
1. Improvements made on construction site: including land grading or filling up and excavation of the site, water and soil conservation, laying of pipes, construction of retaining walls, excavation of ditches, construction of roads, etc.
2. Farmland improvements: including soil preparation of arable land, water and soil conservation, soil improvement and construction of farm roads, and facilities for irrigation, drainage, windbreak or protection against sand and dikes.
3. Other improvements made for the development of land.
Article 33
To apply for compensation provided in Article 32 of the Act, the applicant shall apply for verification of registration according to Article 12 of the Enforcement Rules for the Equalization of Land Rights Act, and request the payment of compensation from the municipal or county (city) competent authority by presenting the certificate of expenses for land amelioration issued by the competent authority.
Chapter IV Zone Expropriation
Article 34
The municipal or county (city) competent authority shall enclose the development plan and the cadastral map of the area for zone expropriation when reporting to the superior competent authority according to Paragraph 1, Article 37 of the Act for the approval of the prohibition of any new constructional improvement, addition, remodeling or reconstruction of existing buildings, or extraction of earth and gravel on the land, or change of landform, or planting more agricultural improvements on the land.
Article 35
When applying for zone expropriation according to Article 38 of the Act, the land use applicant shall prepare two copies each of the zone expropriation plan, a map of land under zone expropriation, a map of proposed land use planning, and the explanatory meeting for zone expropriation, and submit them to the approving authority for approval.
Article 36
The zone expropriation plan referred to in Paragraph 1, Article 38 of the Act shall contain the following information and be attached with relevant supporting documents:
1. The reasons for the expropriation of the lands or land improvements.
2. The scope and areas of the lands or improvements under zone expropriation.
3. The legal basis for the zone expropriation.
4. An explanation for the necessity of the undertaking project.
5. A public interest and necessity evaluation report.
6. The ownerships and areas of lands under zone expropriation.
7. The current use conditions of the lands and the names and domiciles of the users.
8. Land improvements under simultaneous expropriation.
9. The use conditions of adjoining lands and the conditions of improvements thereon.
10. Whether there exist any historical relics or remains, or registered historical buildings located on lands applied for zone expropriation; if yes, their current conditions and upkeep measures.
11. The situations of hearings, public hearings and explanatory meetings held, and related meeting records and attendance records.
12. The course of acquiring the land or improvement by negotiating a price with the land or land improvement owners or by other means, and the opinions given by the owners.
13. Names and domiciles of landowners or land improvement owners, or custodians.
14. A brief description of the proposed undertaking and the project progress.
15. The layout for use of lands under zone expropriation.
16. The percentage of reduction for the payment of difference in land value for landowners to be allocated with reserved lands at the original location.
17. The resettlement plan.
18. The handling of compensating public lands in cash or by distributing land back and the state of negotiations.
19. The ratio of “land for compensation” distributed back to owners.
20. The allocation with or without consideration, or transfer/sale of lands reserved for public facilities other than those nine items enumerated in Subparagraph 2, Paragraph 1 of Article 44 of the Act, such as lands for roads.
21. The financial plan, including the estimation of total development costs for zone expropriation, budgets planned, ways of raising funds and analysis of repayment of development expenses.
22. If the expropriation involves the land of indigenous people, a written consent of the central competent authority in charge of indigenous affairs.
23. The planned schedule of the undertaking project.
To apply for the expropriation of land improvements only, information and/or documents in Subparagraphs 8 and 15 of the preceding paragraph are not required.
1. The reasons for the expropriation of the lands or land improvements.
2. The scope and areas of the lands or improvements under zone expropriation.
3. The legal basis for the zone expropriation.
4. An explanation for the necessity of the undertaking project.
5. A public interest and necessity evaluation report.
6. The ownerships and areas of lands under zone expropriation.
7. The current use conditions of the lands and the names and domiciles of the users.
8. Land improvements under simultaneous expropriation.
9. The use conditions of adjoining lands and the conditions of improvements thereon.
10. Whether there exist any historical relics or remains, or registered historical buildings located on lands applied for zone expropriation; if yes, their current conditions and upkeep measures.
11. The situations of hearings, public hearings and explanatory meetings held, and related meeting records and attendance records.
12. The course of acquiring the land or improvement by negotiating a price with the land or land improvement owners or by other means, and the opinions given by the owners.
13. Names and domiciles of landowners or land improvement owners, or custodians.
14. A brief description of the proposed undertaking and the project progress.
15. The layout for use of lands under zone expropriation.
16. The percentage of reduction for the payment of difference in land value for landowners to be allocated with reserved lands at the original location.
17. The resettlement plan.
18. The handling of compensating public lands in cash or by distributing land back and the state of negotiations.
19. The ratio of “land for compensation” distributed back to owners.
20. The allocation with or without consideration, or transfer/sale of lands reserved for public facilities other than those nine items enumerated in Subparagraph 2, Paragraph 1 of Article 44 of the Act, such as lands for roads.
21. The financial plan, including the estimation of total development costs for zone expropriation, budgets planned, ways of raising funds and analysis of repayment of development expenses.
22. If the expropriation involves the land of indigenous people, a written consent of the central competent authority in charge of indigenous affairs.
23. The planned schedule of the undertaking project.
To apply for the expropriation of land improvements only, information and/or documents in Subparagraphs 8 and 15 of the preceding paragraph are not required.
Article 37
The map of land under zone expropriation referred to in Paragraph 1, Article 38 of the Act shall be made based on cadastral maps, and marked with the areas of the lands under zone expropriation and noted with legends.
Article 38
The map of proposed land use planning referred to in Paragraph 1, Article 38 of the Act shall mean the map of land use allocation plan after the completion of zone expropriation or urban planning drawings for those areas where urban planning is implemented.
Article 39
When holding a public hearing according to Paragraph 1, Article 38 of the Act, the municipal or county (city) authorities shall, seven (7) days before the hearing, publicly announce the matter, date and place for the public hearing at the public places at where the lands under zone expropriation are located, the public announcement place of the municipal or county (city) government, town (township, city, district) office, and village (tsun/li) office, and post the information on its website, and publish it in the government gazette or press release, notify the owners of lands and land improvements within the zone in writing, and explain therein the following matters:
1. The necessity ad purpose of the zone expropriation.
2. The criteria for compensation of all kinds.
3. The ratio of “land for compensation” and its application process.
4. The exemption/reduction of land value tax and the land value increment tax and their withholdings from compensation.
5. The handling of farmland lease.
6. The handling of other rights and other encumbrances over land.
7. The resettlement plan.
8. Other matters.
Public hearing minutes shall be recorded and the minutes shall be made public and posted at the public places at where the lands under zone expropriation are located, the public announcement place of the municipal or county (city) government, town (township, city, district) office, and village (tsun/li) office, as well as appropriate public locations at where village (tsun/li) residents live. The municipal or county (city) competent authority and the land use applicant shall also post the minutes on their websites, and send a written notice of the minutes to all owners of lands or land improvements.
1. The necessity ad purpose of the zone expropriation.
2. The criteria for compensation of all kinds.
3. The ratio of “land for compensation” and its application process.
4. The exemption/reduction of land value tax and the land value increment tax and their withholdings from compensation.
5. The handling of farmland lease.
6. The handling of other rights and other encumbrances over land.
7. The resettlement plan.
8. Other matters.
Public hearing minutes shall be recorded and the minutes shall be made public and posted at the public places at where the lands under zone expropriation are located, the public announcement place of the municipal or county (city) government, town (township, city, district) office, and village (tsun/li) office, as well as appropriate public locations at where village (tsun/li) residents live. The municipal or county (city) competent authority and the land use applicant shall also post the minutes on their websites, and send a written notice of the minutes to all owners of lands or land improvements.
Article 40
The term “approved by the superior competent authority under special circumstances” referred to in Paragraph 2, Article 39 of the Act shall mean that when the total area of the “lands for compensation” is not 50 per cent of the total area of zone expropriation, the applicant is required to prepare sufficiently concrete reasons and submit it to the superior competent authority for approval before submitting the zone expropriation plan for approval. The term “readjusted agricultural lands” shall mean that the original lands were once involved in the readjustment of agricultural lands, and where the lands have been contributed for farm roads and waterways, which are registered under the name of the municipality or county (city) or as land owned by an irrigation association.
The ratio of “lands for compensation” distributed back to owners shall be deemed to comply with Article 39 of the Act, provided the actual area distributed back is reduced because more landowners opt for receiving cash compensation or opt for lands in higher-price area.
The ratio of “lands for compensation” distributed back to owners shall be deemed to comply with Article 39 of the Act, provided the actual area distributed back is reduced because more landowners opt for receiving cash compensation or opt for lands in higher-price area.
Article 41
If the matter which requires the decision or approval of the superior competent authority according to Paragraph 1 of Article 37 or Paragraph 2 of Article 39 of the Act pertains to zone expropriation applied for by the Ministry of the Interior, the matter shall be directly decided by the Ministry of the Interior.
Article 42
When an landowner applies for distribution of land for compensation according to Paragraph 1, Article 40 of the Act, the competent authorities shall complete the examination of the application within two months after the expiration of public announcement period for expropriation, and notify the applicant to supplement or correct the application within three months from the date of receiving the notice if any supplement or correction is found necessary after the examination. The deadline may be extended in principle if the applicant requests it before the prescribed deadline for making supplement or correction and if the extension of deadline does not affect the operation and schedule of the whole development project. The competent authorities shall complete the examination and notify the applicant of the result of examination in written form within fifteen (15) days after the applicant completes the supplement or correction. The competent authorities shall make a decision not to distribute the “lands for compensation” if the applicant fails to complete the required supplement or correction by the given deadline.
The time limits for filing application for the distribution of “land for compensation”, making supplement or correction and examination by the competent authorities referred to in the preceding paragraph shall be clearly noted in the public announcement of zone expropriation. Landowners shall be notified of the same.
The time limits for filing application for the distribution of “land for compensation”, making supplement or correction and examination by the competent authorities referred to in the preceding paragraph shall be clearly noted in the public announcement of zone expropriation. Landowners shall be notified of the same.
Article 43
For landowners who apply to the municipal or county (city) competent authorities to switch to cash compensation or distribution of land for compensation according to Paragraph 3, Article 40 of the Act, the competent authorities shall seek the opinion of the land use applicant regarding the status of available funds and make decision based to the actual operation of zone expropriation.
Article 44
The supporting documents referred to in Paragraph 1, Article 41 of the Act are as follows:
1. Documents that substantiate compensation paid to the tenants of lease contracts entered under the 37.5% Arable Rent Reduction Act.
2. Documents that substantiate the agreement to cancel other rights on land, provided the land is encumbered with superficies, servitude of real property, yungtien (right of permanent tenancy), or the right of cultivation.
3. Documents that substantiate the repayment or redemption of mortgage or dien, or the agreement to cancel mortgage or dien, provided the land is encumbered with mortgage or dien.
4. If the land is subject to registration of restriction, land registration transcript that substantiates the cancellation of registration of restriction or an advanced agreement signed by the registered right holder to cancel the registration of restriction.
1. Documents that substantiate compensation paid to the tenants of lease contracts entered under the 37.5% Arable Rent Reduction Act.
2. Documents that substantiate the agreement to cancel other rights on land, provided the land is encumbered with superficies, servitude of real property, yungtien (right of permanent tenancy), or the right of cultivation.
3. Documents that substantiate the repayment or redemption of mortgage or dien, or the agreement to cancel mortgage or dien, provided the land is encumbered with mortgage or dien.
4. If the land is subject to registration of restriction, land registration transcript that substantiates the cancellation of registration of restriction or an advanced agreement signed by the registered right holder to cancel the registration of restriction.
Article 45
When applying for the distribution of “land for compensation”, owners whose lands have a lease contract entered under the 37.5% Arable Rent Reduction Act or are encumbered with superficies, servitude of real property, yungtien, or the right of cultivation may request the competent authority to invite the tenants of the lease contract or the holders of other rights to a mediation meeting in addition to acting in accordance with Subparagraph 1 or 2 of the preceding paragraph. For those owners whose situation is successfully mediated according to the following conditions, the competent authority may deduct the repayments to other right holders from the compensation to which the landowners are entitled and cancel the lease contract or the registration of other rights, and the landowners may apply for the distribution of “land for compensation” based on the remaining compensation they are entitled to:
1. The parties concerned agree on the amount of compensation or the values of other rights, and agree that the competent authority may deduct the repayment from the compensation and pay to other right holders on behalf of the applicant.
2. The tenants or the holders of other rights agree to cancel the lease contract or the registration of other rights.
1. The parties concerned agree on the amount of compensation or the values of other rights, and agree that the competent authority may deduct the repayment from the compensation and pay to other right holders on behalf of the applicant.
2. The tenants or the holders of other rights agree to cancel the lease contract or the registration of other rights.
Article 46
The land use applicant shall, together with the competent authority, shall invite the original authorities administering over the public lands within the area of zone expropriation as well as the authorities administering over the non-public use of such lands to negotiate the ways to handle public lands according to Paragraph 1, Article 43 of the Act.
Where the public lands referred to in the preceding paragraph are provided under the condition of receiving distribution of land back as compensation, the calculation formula for area to be distributed back is as provided in Attachment 1 hereto.
Where the public lands referred to in the preceding paragraph are provided under the condition of receiving distribution of land back as compensation, the calculation formula for area to be distributed back is as provided in Attachment 1 hereto.
- Attachment 1 to Article 46.PDF
- Attachment 1 to Article 46.doc
Article 47
For public lands provided to the competent authority in charge of zone expropriation for uniform planning and development according to Paragraph 1, Article 43 of the Act, the competent authority in charge of zone expropriation shall request the registry authority to carry out the registration of landownership transfer or change of administrator after the compensation for land value is paid or the distribution of land for compensation is approved.
Lands that shall be provided to the competent authority in charge of zone expropriation for uniform planning and development without consideration according to the proviso of Paragraph 1, Article 43 of the Act shall mean those public lands which have been designated by the competent authority in charge of zone expropriation together with the authority administering over the public lands prior to the zone expropriation as actually used for roads, ditches, parks, green fields, children’s play grounds, public squares, car parks, athletic grounds, primary schools, etc, and shall be handled according to the procedure of allocation without consideration.
Lands that shall be provided to the competent authority in charge of zone expropriation for uniform planning and development without consideration according to the proviso of Paragraph 1, Article 43 of the Act shall mean those public lands which have been designated by the competent authority in charge of zone expropriation together with the authority administering over the public lands prior to the zone expropriation as actually used for roads, ditches, parks, green fields, children’s play grounds, public squares, car parks, athletic grounds, primary schools, etc, and shall be handled according to the procedure of allocation without consideration.
Article 48
For public lands which are distributed back with lands reserved for public facilities according to Paragraph 2, Article 43 of the Act, except for lands reserved for distribution based on the original location, those public lands that are transferred/sold according to the zone expropriation plan or provided for use by agencies that need the land shall first be designated as lands for public facilities. The designation of other public lands for use as land for public facilities shall be in the following order:
1. The lands owned by local municipalities or counties (cities).
2. The lands originally owned by local town (township, city) offices.
3. The lands owned by the State.
4. The lands owned by other municipalities or counties (cities).
5. The lands owned by other town (township, city) offices.
1. The lands owned by local municipalities or counties (cities).
2. The lands originally owned by local town (township, city) offices.
3. The lands owned by the State.
4. The lands owned by other municipalities or counties (cities).
5. The lands owned by other town (township, city) offices.
Article 48-1
The term “special agricultural zone” referred to in Article 43-1 of the Act shall mean the zoning of land for farming use.
At the time of planning an application for urban plan change, the land use applicant shall survey the intent of original landowners to continue farming after zone expropriation and use the information as reference for demarcating the area and location of special agricultural zone.
When prescribing the allocation rules according to Paragraph 2, Article 43-1 of the Act, competent authorities at various levels should consult with the land use applicant and invite the original landowners to a land allocation explanatory meeting, and in addition, note in the public announcement for expropriation that landowners who intend to apply for the allocation of land in the special agricultural zone should choose to receive cash compensation.
For priority area for zone expropriation, the urban planning project shall not be promulgated and implemented until the demarcation of special agricultural zone has been completed.
At the time of planning an application for urban plan change, the land use applicant shall survey the intent of original landowners to continue farming after zone expropriation and use the information as reference for demarcating the area and location of special agricultural zone.
When prescribing the allocation rules according to Paragraph 2, Article 43-1 of the Act, competent authorities at various levels should consult with the land use applicant and invite the original landowners to a land allocation explanatory meeting, and in addition, note in the public announcement for expropriation that landowners who intend to apply for the allocation of land in the special agricultural zone should choose to receive cash compensation.
For priority area for zone expropriation, the urban planning project shall not be promulgated and implemented until the demarcation of special agricultural zone has been completed.
Article 49
Unregistered lands located within the area of zone expropriation shall be respectively registered as being owned by the State or by municipality or county (city), depending on the type of land use applicants who use the land, and the land administrators shall be appointed by the State or municipality or county (city).
Article 50
The calculation formula for the value and the area of the “land for compensation” distributed back to the original landowners are as provided in Attachment 2 hereto.
- Attachment 2 to Article 50.PDF
- Attachment 2 to Article 50.doc
Article 51
The total development cost referred to in Paragraph 4, Article 44 of the Act shall mean the sum of cash compensation for land value and relocation fees for expropriated land provided in Article 8 and Articles 31 to 34 of the Act, the negotiated amount of compensation for lands provided in Article 11 of the Act, purchase prices for public lands offered for use, expenses of public facilities, public facilities management and maintenance expenses, land preparation expenses and interests on loans.
The expenses of public facilities referred to in the preceding paragraph shall include expenses incurred in planning and design for roads, bridges, ditches, sewage systems or rainfall systems, neighborhood parks, public squares, green fields and children’s play grounds, their constructions, materials, construction management, land grading, the piping or line construction costs which shall be shared by the land use applicant according to Article 52, and total or partial costs of other required public facilities as approved by the competent authorities. The term “public facilities management and maintenance expenses” shall mean the management and maintenance expenses incurred from the date the public facilities are completed to the time of handover and in three years after the handover, which shall be limited to NT$50,000 per hectare every year based on the total area of development. The term “land preparation expenses” shall mean rewards, relief money, subsidies, cadastration preparation fees and other necessary administrative costs for the undertaking of land preparation.
The “roads” referred to in the preceding paragraph shall mean roads registered under the municipalities, counties (cities), or towns (townships, cities) after zone expropriation.
The expenses of public facilities referred to in the preceding paragraph shall include expenses incurred in planning and design for roads, bridges, ditches, sewage systems or rainfall systems, neighborhood parks, public squares, green fields and children’s play grounds, their constructions, materials, construction management, land grading, the piping or line construction costs which shall be shared by the land use applicant according to Article 52, and total or partial costs of other required public facilities as approved by the competent authorities. The term “public facilities management and maintenance expenses” shall mean the management and maintenance expenses incurred from the date the public facilities are completed to the time of handover and in three years after the handover, which shall be limited to NT$50,000 per hectare every year based on the total area of development. The term “land preparation expenses” shall mean rewards, relief money, subsidies, cadastration preparation fees and other necessary administrative costs for the undertaking of land preparation.
The “roads” referred to in the preceding paragraph shall mean roads registered under the municipalities, counties (cities), or towns (townships, cities) after zone expropriation.
Article 52
The expenses for the necessary installation or relocation of pipes or lines within the area of zone expropriation shall be shared by the land use applicant and the authority (organization) in charge of piping or line business according to the following principles:
1. When existing overhead lines or pipes have to be relocated, the land use applicant shall coordinate with the authority (organization) in charge of piping or line business to survey the site of relocation. The authority (organization) in charge of piping or line business shall carry out the relocation according to the result of coordination and bear all expenses incurred thereof. Where lines or pipes have to be moved several times for the same project as necessitated by the worksite environment, except for the relocation expenses incurred in the last relocation that shall be borne by the authority (organization) in charge of piping or line business, the other relocation expenses and relocation fees to be paid to existing users shall be borne by the land use applicant.
2. When existing overhead power lines have to be permanently relocated and the land use applicant requests to put them underground, the relocation expenses incurred shall be borne according to the provisions of preceding subparagraph. But the difference between the necessary expenses incurred in design change to underground and those incurred in the original design for relocation purpose according to the original overhead criteria shall be equally borne by the land use applicant and the authority (organization) in charge of the piping or line business.
3. When any new overhead power lines are to be erected, the necessary expenses incurred shall be equally borne by the land use applicant and the authority (organization) in charge of the power line business. If the power lines are to be laid underground, the civil engineering expenses for the power lines shall be equally borne by the land use applicant and the authority (organization) in charge of the power line business.
4. When any new overhead telecommunication lines are to be erected, the necessary expenses incurred shall be entirely borne by the authority (organization) in charge of the telecommunication line business. If the lines are to be laid underground, one-third of the civil engineering expenses incurred shall be borne by the land use applicant and two-thirds by the authority (organization) in charge of the telecommunication line business.
5. The expenses of installing any new water pipes shall be entirely borne by the land use applicant.
6. The expenses of electrical facilities and cables for the installation or erection of any new power or telecommunication lines shall be entirely borne by the authority (organization) in charge of the power or telecommunication line business.
The expenses of installing new pipes or lines outside the area of zone expropriation shall be entirely borne by the authority (organization) in charge of the piping or line business. However expenses incurred in the installation of new equipment for water pipes necessitated by the location or special topography of the zone expropriation shall be dealt with on a case-by-case basis through negotiation.
For necessary pipes or lines in the area of zone expropriation but not provided in the preceding paragraph, the principles for sharing the expenses incurred thereof shall be dealt with on a case-by-case basis through negotiation.
1. When existing overhead lines or pipes have to be relocated, the land use applicant shall coordinate with the authority (organization) in charge of piping or line business to survey the site of relocation. The authority (organization) in charge of piping or line business shall carry out the relocation according to the result of coordination and bear all expenses incurred thereof. Where lines or pipes have to be moved several times for the same project as necessitated by the worksite environment, except for the relocation expenses incurred in the last relocation that shall be borne by the authority (organization) in charge of piping or line business, the other relocation expenses and relocation fees to be paid to existing users shall be borne by the land use applicant.
2. When existing overhead power lines have to be permanently relocated and the land use applicant requests to put them underground, the relocation expenses incurred shall be borne according to the provisions of preceding subparagraph. But the difference between the necessary expenses incurred in design change to underground and those incurred in the original design for relocation purpose according to the original overhead criteria shall be equally borne by the land use applicant and the authority (organization) in charge of the piping or line business.
3. When any new overhead power lines are to be erected, the necessary expenses incurred shall be equally borne by the land use applicant and the authority (organization) in charge of the power line business. If the power lines are to be laid underground, the civil engineering expenses for the power lines shall be equally borne by the land use applicant and the authority (organization) in charge of the power line business.
4. When any new overhead telecommunication lines are to be erected, the necessary expenses incurred shall be entirely borne by the authority (organization) in charge of the telecommunication line business. If the lines are to be laid underground, one-third of the civil engineering expenses incurred shall be borne by the land use applicant and two-thirds by the authority (organization) in charge of the telecommunication line business.
5. The expenses of installing any new water pipes shall be entirely borne by the land use applicant.
6. The expenses of electrical facilities and cables for the installation or erection of any new power or telecommunication lines shall be entirely borne by the authority (organization) in charge of the power or telecommunication line business.
The expenses of installing new pipes or lines outside the area of zone expropriation shall be entirely borne by the authority (organization) in charge of the piping or line business. However expenses incurred in the installation of new equipment for water pipes necessitated by the location or special topography of the zone expropriation shall be dealt with on a case-by-case basis through negotiation.
For necessary pipes or lines in the area of zone expropriation but not provided in the preceding paragraph, the principles for sharing the expenses incurred thereof shall be dealt with on a case-by-case basis through negotiation.
Article 53
For “land for compensation” on which the difference in land value has not been paid off as referred to in Paragraph 3, Article 46 of the Act, the competent authorities shall convert the area in excess of what the landowner is entitled to and request the registry authority to note on the register with the wordings to the effect that no transfer of ownership or creation of other rights is allowed before the difference in land value is paid off. Soon after the difference in land value is paid off, the competent authorities shall notify the registry authority to cancel the note.
Article 54
The blocks and the area of minimum building unit required for construction of the “land for compensation” shall be demarcated and decided by the competent authority in consultation with the land use applicant based on the purpose of development and actual operational need. But the area of minimum building unit required for construction shall not be smaller than the width, depth and area of the minimum building site regulated by the Odd Lot Use Rules and urban planning.
Article 55
The competent authorities at various levels may entrust the following matters relating to zone expropriation to enterprise organizations, legal persons and academic organizations:
1. The survey of current conditions and cadastral survey.
2. The planning, design, construction, supervision and management of zone expropriation works.
3. The assessment of the value of land improvements and the land value after zone expropriation.
4. The planning and design of the allocation of “land for compensation.”
5. The compilation of related lists.
1. The survey of current conditions and cadastral survey.
2. The planning, design, construction, supervision and management of zone expropriation works.
3. The assessment of the value of land improvements and the land value after zone expropriation.
4. The planning and design of the allocation of “land for compensation.”
5. The compilation of related lists.
Article 56
The proceeds from the disposal of zone expropriated lands shall first be used to offset the total development expenses. The surplus, if any, shall be transferred entirely to the Land Right Equalization Fund; the deficit, if any, shall be made up by the Land Ownership Equalization Fund.
Chapter V Cancellation and Revocation of Expropriation
Article 56-1
The term “land use having begun to be used” as referred to Article 49 of the Act, shall mean the construction of the main body of the undertaking has commenced. The term “land use has been completed”, shall mean the whole construction work of the undertaking project has been acceptance. Unless the nature of the undertaking does not require any construction work.
Article 57
The cancellation or revocation of expropriation according to Article 50 of the Act may be applied only after the expiration of the public announcement period therefor.
Article 57-1
The original landowners who may request the cancellation or revocation of expropriation in Paragraph 2, Article 50 of the Act are the original owners of the expropriated land, or if the original owner has deceased are all of his inheritors. However, one of the inheritors may apply for the common interests of the all inheritors with stating the reasons.
In case the land of the preceding paragraph is jointly owned, each co-owner may apply for cancellation or revocation of expropriation of their respective holding.
In case the land of the preceding paragraph is jointly owned, each co-owner may apply for cancellation or revocation of expropriation of their respective holding.
Article 58
The public announcement referred to in Paragraph 2, Article 51 of the Act shall clearly state the following particulars:
1. Name of the land use applicant.
2. The type of the original undertaking.
3. The original approving authority, the authority, date and number of document approving the cancellation or revocation of expropriation.
4. The area of land where the expropriation is cancelled or revoked.
5. The amount to be paid back due to the cancellation or revocation of expropriation, the deadline and the place for making repayment.
6. The period of public announcement.
7. Landowners who fail to pay back the amount payable before the deadline will not receive the original land back and are not allowed to apply for redemption of land according to Article 9 of the Act.
8. The time limit for raising objections and filing an administrative remedy.
1. Name of the land use applicant.
2. The type of the original undertaking.
3. The original approving authority, the authority, date and number of document approving the cancellation or revocation of expropriation.
4. The area of land where the expropriation is cancelled or revoked.
5. The amount to be paid back due to the cancellation or revocation of expropriation, the deadline and the place for making repayment.
6. The period of public announcement.
7. Landowners who fail to pay back the amount payable before the deadline will not receive the original land back and are not allowed to apply for redemption of land according to Article 9 of the Act.
8. The time limit for raising objections and filing an administrative remedy.
Article 59
If the lands on which expropriation is cancelled or revoked were encumbered with other rights or farmland lease contracts before the expropriation, and the original landowners have not picked up the compensation they are entitled to, the municipal or county (city) competent authority shall, according to Paragraph 2, Article 51 of the Act, notify the original landowners to pay off the amount payable by them within a given time period and then return their originally owned lands back to them.
Article 60
If the lands for which the original registration shall be maintained according to Paragraph 2, Article 51 of the Act are public lands, such lands shall be dealt with according to laws and ordnances governing the administration of public property.
Article 61
When the land use applicant assesses the existing portion of originally expropriated land improvements for the simultaneous cancellation or revocation of the expropriation according to Paragraph 2, Article 54 of the Act, original landowners who object to the assessed land value may raise objections thereto by submitting a written statement to the municipal or county (city) competent authority. The municipal or county (city) competent authority may handle the matter in accordance with Article 22 of the Act.
Article 61-1
The landowners who may request the land use applicant to expropriate the ownership of the land in Paragraph 2, Article 57 of the Act are the original owners of the expropriated land, or if the original owner has deceased, the person whose name is recorded in the register if the registration of inheritance is completed, or all rightful inheritors if the registration of inheritance has not been completed.
In case the land of the preceding paragraph is jointly owned, each co-owner may apply for expropriation of their respective holding.
In case the land of the preceding paragraph is jointly owned, each co-owner may apply for expropriation of their respective holding.
Article 61-2
The request expropriation case in Paragraph 2, Article 57 of the Act, the land use applicant shall meet with the owner applicant and other relevant authorities to conduct an onsite survey jointly, and produce a survey record. Then the case shall be submitted to the Central Competent Authority for approval, and notify the owner applicant. If the owner applicant does not meet the requirement set out in Paragraph 1 of the preceding article or the application is filed past the statutory time period, the land use applicant shall directly report to the Central Competent Authority for approval, and notify the owner applicant without conducting an onsite survey.
When the onsite survey is conducted according to the preceding paragraph, any different opinions expressed by the owner applicant shall be clearly entered into the survey record.
When the onsite survey is conducted according to the preceding paragraph, any different opinions expressed by the owner applicant shall be clearly entered into the survey record.
Article 61-3
The land expropriation case in Paragraph 2,Article 57 of the Act, while the owner of land improvement as the same as the owner of land, the improvements thereon shall also be expropriated according to Paragraph 1 and 2,Article 5 of the Act.
Article 61-4
While cancellation or revocation of superficies expropriation which expropriated permitted in Paragraph 1, the ownership has been expropriated in Paragraph 2, same article of the Act should be cancelled or revoked simultaneously.
When the expropriation of land is cancelled or revoked referred to the preceding paragraph, the expropriation of land improvement shall be cancelled or revoked simultaneously according to Article 54 and 55 of the Act.
Article 61-4
While cancellation or revocation of superficies expropriation which expropriated permitted in Paragraph 1, the ownership has been expropriated in Paragraph 2, same article of the Act should be cancelled or revoked simultaneously.
When the expropriation of land is cancelled or revoked referred to the preceding paragraph, the expropriation of land improvement shall be cancelled or revoked simultaneously according to Article 54 and 55 of the Act.
Chapter VI Supplementary Provisions
Article 62
Public hearings and acquiring land by negotiating a price with the land or land improvement owners or by other means may be exempted, provided the land use applicant uses the lands or improvements first before the application for requisition pursuant to the proviso of Paragraph 4, Article 58 of the Act.
Article 62-1
The land expropriation case in Paragraph 2, Article 58 of the Act, the land use applicant shall submitted to the Central Competent Authority for approval, and notify the owner applicant.
Article 63
When applying for the requisition of lands or land improvements, the land use applicant shall prepare a detailed requisition plan affixed with a map of lands or a list of land improvements under requisition and a map of proposed land use planning, and submit them to the Central Competent Authority for approval and send copies of the same to the municipal or county (city) competent authority.
The requisition plan shall contain the following particulars:
1. The reasons for the requisition of the lands or land improvements.
2. The scope and areas of the lands or improvements under requisition.
3. The type of undertaking project.
4. The legal basis for the undertaking project.
5. The current use conditions of the lands and the names and domiciles of the users.
6. The conditions of land improvements.
7. Land improvements under simultaneous requisition.
8. The use conditions of adjoining lands and the conditions of improvements thereon.
9. Whether there exist any historical relics located on lands applied for requisition; if yes, their current conditions and upkeep measures.
10. The course of public hearings held.
11. The course of acquiring the land or improvement by negotiating a price with the land or land improvement owners or by other means, and the opinions given by the owners.
12. The names and domiciles of the owners or custodians of the lands or land improvements.
13. The layout for use of lands under requisition.
14. A brief description of the proposed undertaking and the duration of requisition.
15. Total amount of compensation required and its allocation.
16. Total amount of funds reserved and its sources.
For the requisition of land improvements, matters stated in Subparagraphs 7 and 13 of the preceding paragraph are not required.
In case of a situation referred to in the preceding article, matters stated in Subparagraphs 10 and 11 of Paragraph 2 hereof are not required in the requisition plan.
The requisition plan shall contain the following particulars:
1. The reasons for the requisition of the lands or land improvements.
2. The scope and areas of the lands or improvements under requisition.
3. The type of undertaking project.
4. The legal basis for the undertaking project.
5. The current use conditions of the lands and the names and domiciles of the users.
6. The conditions of land improvements.
7. Land improvements under simultaneous requisition.
8. The use conditions of adjoining lands and the conditions of improvements thereon.
9. Whether there exist any historical relics located on lands applied for requisition; if yes, their current conditions and upkeep measures.
10. The course of public hearings held.
11. The course of acquiring the land or improvement by negotiating a price with the land or land improvement owners or by other means, and the opinions given by the owners.
12. The names and domiciles of the owners or custodians of the lands or land improvements.
13. The layout for use of lands under requisition.
14. A brief description of the proposed undertaking and the duration of requisition.
15. Total amount of compensation required and its allocation.
16. Total amount of funds reserved and its sources.
For the requisition of land improvements, matters stated in Subparagraphs 7 and 13 of the preceding paragraph are not required.
In case of a situation referred to in the preceding article, matters stated in Subparagraphs 10 and 11 of Paragraph 2 hereof are not required in the requisition plan.
Article 64
If the lands under expropriation cannot maintain the original descriptions or locations due to subdivision, consolidation, re-survey, readjustment, the landowners or their inheritors of the original lot numbers shall be given the preferential right to purchase on the same terms when such lands are sold by public tender.
Article 65
When the lands are sold by public tender according to Article 59 of the Act, the notice of public tender shall note that the original landowners or their inheritors have the preferential right to purchase on the same terms and that those who plan to exercise their preferential right to purchase their lands back, they shall apply to the authority in charge of public tender in writing by submitting a security deposit and related supporting documents within ten (10) days after the closing of public tender.
The authority in charge of public tender shall examine and approve the application for exercising the preferential right to purchase within the prescribed time period according to the preceding paragraph based on the information provided by the municipal or county (city) competent authority and supporting documents submitted by the applicant.
If there are two or more persons applying to exercise the preferential right to purchase the same land for public tender, an agreement reached among all such applicants shall be submitted to the authority in charge of public tender within ten (10) days of receiving the notice from the authority. Where no agreement could be reached, the authority in charge of public tender shall calculate the area each original landowner is entitled to purchase and the price to pay based on the ratio of the area of their respective land expropriated over the total area applied by all original landowners to exercise the preferential right to purchase. However if the land for public tender no longer maintains its original description or location due to subdivision, consolidation, re-survey, or readjustment, the calculation shall be made according to the area of the whole land with the lot number originally expropriated and on which the public tender is held.
If an original landowner has two or more inheritors applying to exercise the preferential right to purchase the expropriated land referred to in the preceding paragraph, the share of land that may be purchased by respective inheritor shall be calculated based on the number of the inheritors unless it is otherwise agreed by the inheritors.
The security deposit referred to in Paragraph 1 hereof shall be the same as bid bond noted in the notice of public tender. The authority in charge of the public tender shall clearly note the payment, refund, or confiscation of the security deposit in the notice of public tender.
The authority in charge of public tender shall examine and approve the application for exercising the preferential right to purchase within the prescribed time period according to the preceding paragraph based on the information provided by the municipal or county (city) competent authority and supporting documents submitted by the applicant.
If there are two or more persons applying to exercise the preferential right to purchase the same land for public tender, an agreement reached among all such applicants shall be submitted to the authority in charge of public tender within ten (10) days of receiving the notice from the authority. Where no agreement could be reached, the authority in charge of public tender shall calculate the area each original landowner is entitled to purchase and the price to pay based on the ratio of the area of their respective land expropriated over the total area applied by all original landowners to exercise the preferential right to purchase. However if the land for public tender no longer maintains its original description or location due to subdivision, consolidation, re-survey, or readjustment, the calculation shall be made according to the area of the whole land with the lot number originally expropriated and on which the public tender is held.
If an original landowner has two or more inheritors applying to exercise the preferential right to purchase the expropriated land referred to in the preceding paragraph, the share of land that may be purchased by respective inheritor shall be calculated based on the number of the inheritors unless it is otherwise agreed by the inheritors.
The security deposit referred to in Paragraph 1 hereof shall be the same as bid bond noted in the notice of public tender. The authority in charge of the public tender shall clearly note the payment, refund, or confiscation of the security deposit in the notice of public tender.
Article 65-1
The authority which cause the damage shall be liable for compensation resulting from land expropriation case. While there are several liable authorities involved in the same case, the proportion of compensation shall be negotiated between each authority.
The provision of the preceding paragraph shall be applicable for the expropriation of land or land improvements which publicly announced before the promulgation of this Act.
The provision of the preceding paragraph shall be applicable for the expropriation of land or land improvements which publicly announced before the promulgation of this Act.
Article 66
These Rules shall come into force on the day of its promulgation.
Except for Articles 30, 31 and 31-1 which will be implemented on the date on which Article 30 of the Act amended on January 4, 2012 is implemented, all other articles amended on June 27, 2012 will be implemented on the date of promulgation.
Except for Articles 30, 31 and 31-1 which will be implemented on the date on which Article 30 of the Act amended on January 4, 2012 is implemented, all other articles amended on June 27, 2012 will be implemented on the date of promulgation.