Land Rights﹝05-61﹞
Criteria for Assessment of Compensation for Expropriated Constructional ImprovementsCH
Criteria for Assessment of Compensation for Expropriated Constructional ImprovementsCH
Promulgated Date2000/12/30
Amended Date2011/08/30
Law ContentPromulgated per letter of Ministry of the Interior No. Tai (89)-Nei-Di-Zi-8971250 dated December 30, 2000
Amended per letter of Ministry of the Interior No. Tai-Nei-Di-Zi-1000169231 dated August 30, 2011
1. These Criteria are set forth in accordance with Paragraph 3, Article 31 of the Land Expropriation Act (referred to as “the Act” hereunder).
2. The term “constructional improvement” used in these Criteria (referred to as “building” hereunder) refers to buildings legally constructed or constructed and completed prior to the implementation of building administration.
3. For the inspection of a building, land use applicant should meet with relevant agencies through the municipal or county (city) government to find out the following information as basis for compensation assessment:
(1) Street address of the building;
(2) Name and address of the building owner(s);
(3) Structure, area and zoning of the building;
(4) Year and month of construction or other relevant support information;
(5) Appurtenances and auxiliary facilities;
(6) Lot number, owners and land use rights of the building; and
(7) Registration of other rights to the building.
4. The reconstruction cost of a building is calculated by dismantled and removed area multiplied by unit price of reconstruction. The dismantled and removed area is determined by area of each floor of the building within its exterior walls or exterior column surface. The unit price of reconstruction shall be set out by municipal or county (city) governments based on the materials used for the main structure of the building and refurbishing materials used.
5. If a building is dismantled and the remaining structure poses a structural safety concern or can no longer be used or is situated on a land reserved for public facilities, the owner may apply for the dismantling and removal of the remaining structure, and compensation therefor will be assessed in accordance with Point 4 herein. The owner of the building also has the option to repair the frontage of the remaining structure.
The structural safety requirements and repair costs for the remaining structure following the dismantling of a building will be prescribed by the municipal or county (city) governments.
6. For buildings that cannot be assessed in accordance with Point 4 herein, municipal or county (city) governments may look into the actual local conditions for the assessment of compensation. If there is difficulty in making an assessment or dispute arises in connection with the assessment of compensation, the municipal or county (city) government may engage an appraiser in accordance with the Real Estate Appraiser Act to conduct assessment and submit the result to the Land Value Evaluation Committee of the municipal or county (city) government for determination. The professional service fee thereof shall be borne by the land use applicant
7. Municipal or county (city) governments should set their own criteria as basis for the assessment of compensation for expropriated construction improvements in the municipality or county (city) in accordance with these Criteria and in reference to the local conditions.
Amended per letter of Ministry of the Interior No. Tai-Nei-Di-Zi-1000169231 dated August 30, 2011
1. These Criteria are set forth in accordance with Paragraph 3, Article 31 of the Land Expropriation Act (referred to as “the Act” hereunder).
2. The term “constructional improvement” used in these Criteria (referred to as “building” hereunder) refers to buildings legally constructed or constructed and completed prior to the implementation of building administration.
3. For the inspection of a building, land use applicant should meet with relevant agencies through the municipal or county (city) government to find out the following information as basis for compensation assessment:
(1) Street address of the building;
(2) Name and address of the building owner(s);
(3) Structure, area and zoning of the building;
(4) Year and month of construction or other relevant support information;
(5) Appurtenances and auxiliary facilities;
(6) Lot number, owners and land use rights of the building; and
(7) Registration of other rights to the building.
4. The reconstruction cost of a building is calculated by dismantled and removed area multiplied by unit price of reconstruction. The dismantled and removed area is determined by area of each floor of the building within its exterior walls or exterior column surface. The unit price of reconstruction shall be set out by municipal or county (city) governments based on the materials used for the main structure of the building and refurbishing materials used.
5. If a building is dismantled and the remaining structure poses a structural safety concern or can no longer be used or is situated on a land reserved for public facilities, the owner may apply for the dismantling and removal of the remaining structure, and compensation therefor will be assessed in accordance with Point 4 herein. The owner of the building also has the option to repair the frontage of the remaining structure.
The structural safety requirements and repair costs for the remaining structure following the dismantling of a building will be prescribed by the municipal or county (city) governments.
6. For buildings that cannot be assessed in accordance with Point 4 herein, municipal or county (city) governments may look into the actual local conditions for the assessment of compensation. If there is difficulty in making an assessment or dispute arises in connection with the assessment of compensation, the municipal or county (city) government may engage an appraiser in accordance with the Real Estate Appraiser Act to conduct assessment and submit the result to the Land Value Evaluation Committee of the municipal or county (city) government for determination. The professional service fee thereof shall be borne by the land use applicant
7. Municipal or county (city) governments should set their own criteria as basis for the assessment of compensation for expropriated construction improvements in the municipality or county (city) in accordance with these Criteria and in reference to the local conditions.
