Chapter  II. Procedure of Compulsory Purchase

Article 222
The compulsory purchase of land shall be subject to the approval of the Executive Yuan.

Article 223
  (Cancelled).

Article 224
In applying for the compulsory purchase of land, the applicant shall prepare a detailed project of compulsory purchase, a map with explanatory notes of the land to be compulsorily purchased and a blueprint showing how the land it to be used, and submit them for approval according to the provisions of the preceding two Articles.

Article 225
Upon the approval of any application for the compulsory purchase of land, the Central Land Office shall transmit all the details of the case to the Land Office of the competent Municipality or County (City) where the land is situated.

Article 226
In case two or more applicants apply for the compulsory purchase of the same land, the comparative importance of the undertakings sponsored shall be the criterion whereby approval is to be granted. In case the nature of the undertakings sponsored happens to be of equal importance, the order in which the applications have been made shall be the criterion whereby approval is to be granted.

Article 227
On receipt of instructions from the Central Land Office concerning the approval of any application for the compulsory purchase of land, the Municipal or County (City) Land Office shall make a public announcement thereon and notify the owner of the said land and other obligees having rights over it accordingly.
The period of the public announcement referred to in the preceding paragraph shall be 30 days.
Any person with interests in such land may raise objections thereto by submitting a written statement to the competent Municipal or County (City) Land Office within the announcement period.

Article 228
In case the land to be compulsorily purchased is a land whereof the registration of ownership is completed, only such land ownership or other rights over it shall be recognized as are recorded in the land register on the last day when the period of public announcement expires, unless the land ownership or other rights have been acquired through inheritance, special performance or judicial decision, and the matter has been referred to the competent Municipal or County (City) Land Office for record.
In case the land to be compulsorily purchased is a land whereof the registration of ownership is not yet completed, the holders of other rights over it shall, within the expiration of the period of public announcement referred to in the preceding Article, apply to the competent Municipal or County (City) Land Office for the official recording of their rights.

Article 229
In case the land to be compulsorily purchased is a land whereof the registration of ownership is not yet completed according to Act and over which the holders of other rights fail to apply for the recording of their rights according to the provisions of the preceding Article, such rights shall not be regarded as liabilities borne by the land under compulsory purchase.

Article 230
The competent Municipal or County (City) Land Office requiring the use of the land to be compulsorily purchased may, after the public announcement has been made, go onto the land to make inspections or surveying. But in making inspections or surveying in buildings or on land with obstacles, the owners or users have to be informed in advance.

Article 231
The applicant requiring the use of the land to be compulsorily purchased shall not go unto the said land to begin construction work before the compensation for the land value and other compensations have been fully paid. But this provision shall not apply to the urgent need of the undertakings of water conservancy enterprises based on the ground of public security.

Article 232
After public announcement has been made of the impending compulsory purchase of any land, neither the transfer of ownership nor the creation of encumbrance shall be implemented, unless the land ownership or other rights over land have been acquired through inheritance, special performance or judicial decision, and the registration of their rights has been applied for within the period of the public announcement. The landowner or user shall not add any improvement thereon, and the construction of any improvement which is in progress at the time of the public announcement, shall cease immediately.
But if the competent Municipality or County (City) Land Office considers that the addition or continued construction of the improvements, referred to in the preceding paragraph, will not hinder the execution of the compulsory purchase project, special permission may be given, at the request of the obligee concerned, for the addition or continued construction of such improvements.

Article 233
Compensation for the value of a compulsorily purchased land and other compensations therefor shall be paid within 15 days after the expiration of the period of public announcement. But in the case of lands compulsorily purchased for the implementation of national economic policies or for those undertakings mentioned in Section (1), (2) or (4) of Article 208, the compensations may be paid, upon approval of the Executive Yuan, partly with land bonds.

Article 234
After all the compensations for a compulsorily purchased land have been duly paid, the Municipality or County (City) Land Office may fix a time limit within which the said land shall be vacated by the original obligee or user thereof.

Article 235
The rights and obligations of the original owner in respect of his land that is compulsorily purchased shall terminate when the compensations he is entitled to are paid in full. Pending the full payment of the said compensations, he shall have the right to continue to use the said land except in those cases covered by the proviso of Paragraph one of Article 231.