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Land Rights﹝05-59﹞
Guidelines for the Establishment of Land Expropriation Review Panel, Ministry of the Interior

Promulgated Date 2012/1/6
Law Content Promulgated per letter of Ministry of the Interior No. Tai-Nei-Di-Zi-1000250475 dated January 6, 2012

1. The Ministry of the Interior (referred to as the “Ministry” hereunder) establishes a land expropriation review panel (referred to as “the Panel” hereunder) to review land expropriation cases.
2. The missions of the Panel are as follows:
(1) Review land expropriation or land improvement expropriation cases.
(2) Review applications for void, invalidation, cancellation or revocation of land or land improvement expropriation cases.
(3) Review applications for redemption of land or land improvement.
(4) Review applications for zone expropriation of land or land improvement.
(5) Review applications for void, invalidation, cancellation or revocation of zone expropriation of land or land improvement cases.
(6) Review applications for simultaneous expropriation of remaining land or construction improvement.
(7) Review cases of superficies acquisition pursuant to Article 57 of the Land Expropriation Act.
(8) Review cases of land or land improvement expropriation pursuant to Article 58 of the Land Expropriation Act.
(9) Review other cases relating to land or land improvement expropriation or zone expropriation permitted by law.
3. The Panel will have 17 members, one of whom will act as the convener, to be served on a concurrent basis by the administrative deputy minister of the Ministry. The other members of the Panel will be assigned or appointed by the Ministry from among the following people:
(1) The director of land administration department of the Ministry;
(2) The head of each relevant business from the Council for Economic Planning and Development, Environmental Protection Administration, Public Construction Commission, Council of Agriculture, Ministry of Justice and Construction and Planning Agency of the Ministry;
(3) Nine people selected from among scholars and experts in land administration, environmental impact assessment, urban planning and urban-rural planning, and representatives of civic organizations.
Each member of the Panel will serve a term of two years and may be reassigned or reappointed. However members on the Panel who represent a government agency or a civic organization will serve and leave along with their job at the agency or organization.
Vacancies left by members in Paragraph 1 shall be filled and the successor will serve until the term of the original member expires.
4. The Panel shall have an executive secretary, to be served on a concurrent basis by the director of the Department of Land Administration of the Ministry, to assist the convener in handling the affairs of the Panel. The Panel shall also have several staff, to be assigned by the minister of the Ministry from among personnel of the Department of Land Administration of the Ministry.
5. The Panel meeting will be called and chaired by the convener. Where the convener is unable to attend the meeting or should recuse himself from attending the meeting due to a situation described in Point 8 herein, the attending members will elect one among themselves to chair the meeting.
6. A Panel meeting may not be convened unless it is attended by at least the majority of Panel members, and may not adopt any resolution unless it has the consent of at least the majority of attending members. When the votes for and against a resolution are the same, chairman of the meeting will make the final decision.
Members shall attend the meeting mentioned in the preceding paragraph in person. Members who are the representative of a government agency and unable to attend the meeting in person may designate a substitute to attend the meeting on his behalf.
The designated substitute mentioned in the preceding paragraph shall be counted for quorum, and may speak and vote in the meeting.
7. For reviewing land expropriated related cases, the Panel may assign members or ask relevant agencies to assign staff to conduct field investigation, or form a project team to review the case.
8. Panel members should excuse themselves from cases in which they have an interest.
9. For meeting purpose, the Panel may invite land use applicant or agencies or people relating to the expropriation case to attend a Panel meeting to make presentation and excuse themselves after the presentation.
When there are several agency personnel relating to the expropriation case mentioned in the preceding paragraph, no more than two persons may be assigned to attend the meeting.
10. Resolutions made by the Panel shall be recorded and delivered to the Ministry for further actions.
11. The members, executive secretary and staff of the Panel are non-paying positions.
Chinese Link http://www.land.moi.gov.tw/law/chhtml/mainframe.asp?LCID=420&lawname=內政部土地徵收審議小組設置要點&lcmod=內政部101年1月6日台內地字第1000250475號函
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