Public land is one of the most important resources for a country. Public land plays the main role in assisting public benefit and public business, as well as leading the real estate market. Therefore, the utilization and management of pubic land is critical. Public land is defined as the land that belongs to all government organizations, such as state's land, municipality's land, county's land etc. For the state's land that is not used for pubic purpose, the Bureau of National Properties is the ultimate superintendent. For the public land which is owned by municipal city, county/city, shiang/jen, the local government manages the land as stipulated by Autonomy Law. Any further interpretation for related regulations and mediation between organizations over the issues of public land are our duty. Our regular official function covers the management, leasing, selling, disposition of public land, the acquisition of new-formed land, the return of the confiscated land during the Japanese occupying period.
1.The management of public land
The duty of being a supervisor of public land is to handle the affairs related to maintenance, utilization, benefit, disposition, supervision, and taxation of public land.
According to the Autonomy Law, the municipal city, the county/city, and shian/jen manage the public land under their jurisdiction defined as local autonomy events. In order to keep the consistency of the policy for public land management, Executive Yuan has passed the Principles for Public Land Management as the supreme guidelines. Without violating regulation of the central government, each government level, which manages public land, can stipulate its own code to perform its duty.
2.The lease of public land
Leasing public land to qualified farmers is to enhance the efficiency of public farmland. It also improves farmers' income. It increases the agricultural productivity, and it achieves the best use of the land. Currently, MOI practices the leasing actions under the " Guidelines for STAT'S farmland Leasing ". Meanwhile, the leasing of local government's land also abides by the same guidelines. MOI is responsible for interpreting any confusion of regulation.
3.Release of public land
The purpose of public land release is to help increase the number of dirt farmers who own their own farmland. From 1948 to 1976, public land in Taiwan was released 9 times, with a released area totaling more than 139,000 hectares, which was divided into more than 547,000 lots, and involving over 286,000 farmers. Due to later changes in the economic and social conditions, the Executive Yuan provided its instructions on September 16, 1976 that public land should first be used for the development of state-owned enterprises, and consequently no public land should continue to be released. Accordingly, the Ministry of the Interior issued the Order of Tai-Nei-Di-Zih No. 694115 on September 24, 1976, requesting the stoppage of all applications being processed for the release of public land.
However, for those tenants who had rented the public land before the Executive Yuan instructed that no public land should continue to be released in 1976, and whose rights, with regard to having title to the public land they had previously rented, were sacrificed due to the termination of the release, the Executive Yuan announced in 1994 that the release will continue to be carried out under certain conditions. In November 1994, the Ministry of the Interior launched the Regulations for Public Slope Land Releasing and National Farm Land Releasing Regulations as the guidelines for relevant work. Later, the landslide damage accompanying the 921 Earthquake, Typhoon Toraji and the flood on July 2, 2004 began to draw everyone’s attention to the issues concerning national land conservation. Out of consideration for national land protection and conservation, the Executive Yuan gave its instructions again on July 10, 2002 that the release of forest-fitting land on public slope land would cease; the Executive Yuan also declared the termination of release of public slope land and public flat farmland on January 19, 2005 and September 6, 2007, respectively.
4.Appropriation of public land
For any government office that needs public land for its business, it should report to its local superior office and request the permission from Executive Yuan. Under the policy of public land for public use, the appropriation is free within government organizations unless stipulated by law. The appropriation for state owned land is approved by MOF. The appropriation for other pubic land is approved by MOI under the authorization from Executive Yuan.
5.Disposition of pubic land
According to the Article 25 of Land Law, local governments cannot dispose, set any encumbrance, or sign up more than ten years lease unless the local congress agrees and the Executive Yuan has approved. " Principles for Public Land Management " allows local governments to sell their land if necessary, and authorizes MOI to approve the selling cases.
6.Acquisitions of new-formed land
In order to encourage local governments to invest in civil construction and acquire the new-formed and unregistered land, Executive Yuan has constituted the rule of "Principles for deciding the ownership of sediment in the water way and disserted road or ditch land". According to this principle, any sediment land or disserted land caused by the construction funded by local government can be described the detail construction plan, and report to Executive Yuan ask for the permission to register as local government's land.
7.The return of confiscated land during the Japanese occupying period to pleading civilians
There is a law for solving the problem currently. After discussing with M.O.F and other organizations, we came out these guidelines. Municipality or county/city government should check the registration of the land pleaded by civilians. If any deed or notification from the past can be presented to prove the estate was confiscated by Japanese authority without any compensation during the Japanese occupying period, the local government should report to M.O.I and attach the evidential document. After the meeting of related institutes and approval from Executive Yuan, the land will be returned to the original owners.
1.The management of public land
The duty of being a supervisor of public land is to handle the affairs related to maintenance, utilization, benefit, disposition, supervision, and taxation of public land.
According to the Autonomy Law, the municipal city, the county/city, and shian/jen manage the public land under their jurisdiction defined as local autonomy events. In order to keep the consistency of the policy for public land management, Executive Yuan has passed the Principles for Public Land Management as the supreme guidelines. Without violating regulation of the central government, each government level, which manages public land, can stipulate its own code to perform its duty.
2.The lease of public land
Leasing public land to qualified farmers is to enhance the efficiency of public farmland. It also improves farmers' income. It increases the agricultural productivity, and it achieves the best use of the land. Currently, MOI practices the leasing actions under the " Guidelines for STAT'S farmland Leasing ". Meanwhile, the leasing of local government's land also abides by the same guidelines. MOI is responsible for interpreting any confusion of regulation.
3.Release of public land
The purpose of public land release is to help increase the number of dirt farmers who own their own farmland. From 1948 to 1976, public land in Taiwan was released 9 times, with a released area totaling more than 139,000 hectares, which was divided into more than 547,000 lots, and involving over 286,000 farmers. Due to later changes in the economic and social conditions, the Executive Yuan provided its instructions on September 16, 1976 that public land should first be used for the development of state-owned enterprises, and consequently no public land should continue to be released. Accordingly, the Ministry of the Interior issued the Order of Tai-Nei-Di-Zih No. 694115 on September 24, 1976, requesting the stoppage of all applications being processed for the release of public land.
However, for those tenants who had rented the public land before the Executive Yuan instructed that no public land should continue to be released in 1976, and whose rights, with regard to having title to the public land they had previously rented, were sacrificed due to the termination of the release, the Executive Yuan announced in 1994 that the release will continue to be carried out under certain conditions. In November 1994, the Ministry of the Interior launched the Regulations for Public Slope Land Releasing and National Farm Land Releasing Regulations as the guidelines for relevant work. Later, the landslide damage accompanying the 921 Earthquake, Typhoon Toraji and the flood on July 2, 2004 began to draw everyone’s attention to the issues concerning national land conservation. Out of consideration for national land protection and conservation, the Executive Yuan gave its instructions again on July 10, 2002 that the release of forest-fitting land on public slope land would cease; the Executive Yuan also declared the termination of release of public slope land and public flat farmland on January 19, 2005 and September 6, 2007, respectively.
4.Appropriation of public land
For any government office that needs public land for its business, it should report to its local superior office and request the permission from Executive Yuan. Under the policy of public land for public use, the appropriation is free within government organizations unless stipulated by law. The appropriation for state owned land is approved by MOF. The appropriation for other pubic land is approved by MOI under the authorization from Executive Yuan.
5.Disposition of pubic land
According to the Article 25 of Land Law, local governments cannot dispose, set any encumbrance, or sign up more than ten years lease unless the local congress agrees and the Executive Yuan has approved. " Principles for Public Land Management " allows local governments to sell their land if necessary, and authorizes MOI to approve the selling cases.
6.Acquisitions of new-formed land
In order to encourage local governments to invest in civil construction and acquire the new-formed and unregistered land, Executive Yuan has constituted the rule of "Principles for deciding the ownership of sediment in the water way and disserted road or ditch land". According to this principle, any sediment land or disserted land caused by the construction funded by local government can be described the detail construction plan, and report to Executive Yuan ask for the permission to register as local government's land.
7.The return of confiscated land during the Japanese occupying period to pleading civilians
There is a law for solving the problem currently. After discussing with M.O.F and other organizations, we came out these guidelines. Municipality or county/city government should check the registration of the land pleaded by civilians. If any deed or notification from the past can be presented to prove the estate was confiscated by Japanese authority without any compensation during the Japanese occupying period, the local government should report to M.O.I and attach the evidential document. After the meeting of related institutes and approval from Executive Yuan, the land will be returned to the original owners.
Update：107-08-03
