Laws Information

法規資訊
Title: Land Act
Am Date: 2011-06-15

Chapter Article

Chapter  III. Compensations for Compulsory Purchase
Article 236
Compensation for land value, other compensations, and removal fees to be paid for the compulsorily purchased land shall be fixed by the competent Municipal or County (City) Land Office.
Compensation for land value, other compensations, and removal fees referred to in the preceding paragraph shall all be borne by the applicant requiring the use of the land to be compulsorily purchased and shall be paid through the competent Municipal or County (City) Land Office.

Article 237
In effecting the payment of the compensation for land value and other compensations, the Municipal or County (City) Land Office may deposit the sum of money in the local court in either of the following cases:
(1) In case the rightful recipient refuses or is unable to accept the payment.
(2) In case the whereabouts of the rightful recipient is unknown.
The deposit of money in the local court, referred to in (2) above, shall be made in the names, and to the addresses, of the landowners or the holders of other rights over the land registered in the land registry.

Article 238
Under any one of the following conditions, the Municipal or County (City) Land Office may remove the improvements on a compulsorily purchased land on behalf of their owners or purchase them together with the land:
(1) If the rightful recipient of the removal fee refuses or is unable to accept the payment.
(2) If the whereabouts of the rightful recipient of the removal fee is unknown.
(3) If the rightful recipient of the removal fee fails to remove the said improvements within the prescribed time limit.

Article 239
The compensation for land value payable for the land to be compulsorily purchased shall be determined according to the following provisions:
(1) Where the value of the land to be compulsorily purchased has been assessed according to Act and the ownership thereof has undergone no transfer, the compensation therefor shall be based on its statutory value.
(2) Where the value of the land to be compulsorily purchased has been assessed according to Act and the ownership thereof has been transferred, the compensation therefor shall be based on its value at the last transfer.
(3) Where the value of the land to be compulsorily purchased has not been assessed according to Act, the compensation therefor shall be based on the land value as assessed by the competent Municipal or County (City) Land Office.

Article 240
The compensation for the value of land reserved for compulsory purchase shall be based on its value at the time of compulsory purchase.

Article 241
The compensation for improvements on land that are compulsorily purchased shall be based on their value as assessed by the competent Municipal or County (City) Land Office.

Article 242
Where the agricultural improvements on a compulsorily purchased land are also compulsorily purchased and where the yields thereof are due to ripen within one year from the date of compulsory purchase the compensation for such improvements shall be based on the assessed value of the ripened yields. Where the yields thereof are due to ripen more than one year from the date of compulsory purchase the compensation for such improvements shall be based on the expenses of their planting and cultivation at current value.

Article 243
  (Cancelled).

Article 244
A due amount of removal fee shall be paid for the removal of the improvements on any land if such improvements thereon have to be removed elsewhere as a result of the compulsory purchase of the said land.

Article 245
In case all the improvements on any land have to be removed elsewhere owing to the compulsory purchase of a part of the said land, the owner of the said improvements may request that removal fee be paid him for all the improvements .

Article 246
Where graves and other commemorative objects on a compulsorily purchased land have to be removed elsewhere, the removal fee payable therefor shall be the same as that payable for the removal of improvements therefrom.
The applicant requiring the use of the land to be compulsorily purchased shall have all ownerless graves thereon safely removed and re-interred elsewhere, and make a detailed statement in tabulated form there-anent and submit it to the competent Municipal or County (City) Land Office for record.

Article 247
In case any objection should be raised as to the amount of compensation fixed according to the provisions of Article 239, 241, or 242, the competent Municipal or County (City) Land Office shall refer the matter to the Committee on Standard Land Values for decision.