Since 1st July 1999, central government authority has issued the approval of expropriation for private land, which is according to the Regulation of Provisional Functional and Organizational Adjustment of Taiwan Provincial Government. After Land Expropriation Act has been issued, the expropriation of private land and land improvements has been approved by Ministry of the Interior.
Land expropriation is exercise of public authority since the needs of public utility enterprises based on the greatest right of the government. Following statutory process, to obtain some specific private lands by enforced, but compensate original owners fairly. It is a kind of obligation action, while, owners on the premise will approve it. It is an administration action of single indication on the public regulation relationship.
Before Land Expropriation Act issued, the regulations of expropriation had been discrepancy. It had been problems of executing land expropriation. Expropriation process and different standards of compensation had led increasing troubles in land expropriation. In order to integrate dispersing regulations and solve problems, Land Expropriation Act has been established.
(2) With regard to solving problems of dispersing regulations, expropriation and different compensation which had caused difficulties of obtaining private lands for public construction, Ministry of the Interior has established Land Expropriation Act which has been issued by President.
The content of Land Expropriation Act is as following:
a. Before obtaining approval of competent authority in charge of the relevant industry, land use applicant should hold public hearing to collect opinions from land owners and relevant people.
b. The approval authority should set Land Expropriation Committee to consider projects of expropriation.
c. If original owner of expropriated property passed away, compensation would be divided to his heirs.
d. Prior to the application of expropriation, the land use applicant shall negotiate with land owners on obtaining of land by purchasing or other means. Only if negotiation broke down, expropriation could be applied. When land is expropriated, it must be used properly according to the approved plan and the established time limit. Otherwise, the original owners can claim to abolish the expropriation, in accordance with Article 49 of the Land Expropriation Act regarding to limit on land use applicant.
e. The value of expropriated land shall be compensated based on its current market value to making up for the land owners. The market value shall be forwarded by the municipal or county/city competent authority to the Land Value Evaluation Committee for determination and the government competent authorities should constantly survey the market values within their jurisdiction and ask its Land Value Evaluation Committee to determine the extent of change in the market values of expropriated lands once every 6 months as basis for adjusting the compensation for expropriation.