Article 19
An urban renewal business plan must be drafted by the implementers and sent to the municipal, county (city) authority for approval. Then the competent authority shall announce it after approval. The urban renewal business which is applying the regulations in Subparagraph 2 of Article 7 can be sent to the central authority for approval directly. The central authority shall announce it after approval. After business was announced, the content should be advertised for 30 days and people who are party to the business should be notified, including owners of lands and legal buildings within renewed area, ownership of other legal rights, relative authorities of registration of request or restriction and obligees who make preliminary announcement. The same for revising the plan.
A public hearing should be conducted during the period of drafting or revising the urban renewal business plan to obtain people’s comments.
After drafting or revising the urban renewal business plan and before sending it to competent authority for review, it should be not only to publicly exhibit the business plan for 30 days at each municipal, county (city) government or township (village, city) hall, but also to conduct a public hearing. The date of public exhibit can be shortened as 15 days when the implementers have already obtained the consents from all owners of private lands and private legal buildings within renewed area.
The date and place of exhibition and public hearing mentioned in second paragraph should be published in the newspaper for the public and people who are party to the business should be notified, including owners of lands and legal buildings within renewed area, ownership of other legal rights, relative authorities of registration of request or restriction and obligees who make preliminary announcement.
Within the exhibition period, any citizen or group can submit written suggestions with their names or titles and addresses to competent authority. Then competent authority should review the suggestions. After revision by competent authority, there will be no need to conduct another public exhibition.
When the implementers has obtained consents from all the owners of the private lands and private legal buildings within the renewal area, in the urban renewal area which has been designated in accordance with Article 7 or the renewal units using the process of renovation or maintenance, implementers can draft or revise the urban renewal business plans directly without conducting a public exhibition and public hearing. Those are not restricted by the regulation stated in the above three paragraphs.
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Article 19-1
Procedure of altering urban renewal business plan can be simplified and conducted as the following regulations.
1. To alter in one of the following situation, competent authorities can approve the alteration and the publicly announce for implementation directly without the holding public exhibit, the public hearing and review specified by Article 19.
(1) Alteration listed in Subparagraph 2 of Article 21 shall be handled by requiring implementers to obtain consents specified in according with Article 22 and also a notarization handled between original and new implementers.
(2) Alteration listed in Subparagraph 11 of Article 21 shall be handled by requiring implementers to obtain consents from all owners of lands and legal buildings.
2. As far as the alterations listed in Subparagraph 7 to 10 of Article 21are concerned, if the changes are presumed by competent authorities to make no influences on the original verified urban renewal business plan, there are no needs to conduct public exhibition and hearing and be agreed according to Article 22.
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Article 29
When using the rights transformation method to implement urban renewal, the implementers should draft a rights transformation plan after the urban renewal business plan has been approved and announced. The implementers should also engage the reviewing process, public exhibition, approvals and announcement of implementation in accordance with the regulations in Article 19. The same for revising the plan. If necessary, the drafting of the rights transformation plan for approval can be processed together with the urban renewal business plan.
If the implementers must enter into public or private lands or buildings within the rights transformation area for investigation or survey in order to draft or change the rights transformation plan, it can apply the regulations in Article 23 for processing.
The Central Authority enacts the specified items in the rights transformation plan and the regulations for implementing the rights transformation.
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Article 30
As rights transformations are implemented, public roads, gullies, children’s playground, neighborhood parks, plazas, green fields, parking lots within the rights transformation area can be compensated by the existing lands of public facilities, unregistered land or public lands which can be got without paying, such as public roads, gullies, rivers and so on. The insufficient lot and construction expenses, rights transformation expenses, loan interest, taxes and management expenses, alteration charges listed in urban renewal business plan, expenses related to application for various building dimension rewards and dimension transfer shall be commonly shared by the land owners within the rights transformation area according to the proportion of their rights values after approved by competent authorities. The authority should use the discounted price of the allocating land and building for payment after the rights transformation. If the discounted price of the allocating land and buildings used for the payment had caused it not to reach the minimum allocation area unit, cash may be used to
Competent authorities should consider the actual situations to determine the proportion of common shared areas required for landowners within the rights transformation area mentioned in the preceding paragraph.
Regarding the public facility within the rights transformation area that was not enlisted for common sharing mentioned in the first paragraph, in addition to the original landowners applied for allocation, original public lands should have the first priority to allocate. If this turns out to be insufficient, the discounted price of the land and buildings commonly shared used to offset the payment can be used for allocation. However, the publicly owned lands and buildings management institution (organization) or the implementer can request such public utilities management institution (organization) to share the required expenses.
Basic standard of the minimal allocation area unit mentioned in first paragraph shall be determined by the municipal and county (city) authority.
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Article 32
Landowners that disagree with the rights value after the rights transformation plan is approved, announced and executed shall apply to competent authorities with written statement within the two months since the date of executing the proposal.
The competent authorities shall manage the dissension and deliberate for decision making within three months. Extensions for the deliberation period are permitted under the circumstance that technical assistance or consultation from professional association or institute is required by the competent authorities. The extension period is another three months. The party could file administrative remedy procedures by law if the party does not comply with the results.
During the period of disagreement inspection or administrative remedy procedure, the implementers must continue the urban renewal business unless have the approval from the authority.
If the results of disagreement handling or administrative remedy in preceding paragraph are different from the original apprised price; both parties must settle the price difference in cash.
The period of disagreement inspection in first paragraph shall deduct the time spending on technical consultation made by technical group or institution that are authorized by competent authority and on rights value re-evaluation made by technical group or institution that are authorized by implementers.
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Article 36
The implementer must publicly announce the land improvements within the rights transformation area that required to be removed. The implementer also has to notify the owners, managers or users to demolish or remove them within 30 days. Land improvements that are not removed before the given time limit, the implementer can request the municipal, county (city) authority to do it on their behalves. The municipal, county (city) authority has the obligation to do the removing on behalf of the owners; The municipal, county (city) authority shall schedule the forced removal or relocation procedure which should not exceed six months. Under certain circumstances and with proper reasons, the period could be extended for another six months with central government approval whereas not exceed two times. . However, where those land improvements being managed by the government or being specifically enforced by the court are required to be removed, the implementer should notify the managing authority or the executing court that they must be dealt with before remove.
Land improvements demolished or removed due to the rights transformation mentioned in the preceding paragraph should be compensated value or the remaining price value of the buildings, the compensation amount is determined by the implementers, and the demolishing or removing expenses should be deducted from the compensation amount. The municipal, county (city) authority should review and approve the compensation amount for the objection.
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