Land Rights﹝50-64﹞
Criteria for Assessment of Relocation Fees for Land ExpropriationCH
Criteria for Assessment of Relocation Fees for Land ExpropriationCH
Promulgated Date2000/12/30
Amended Date2011/09/16
Law ContentPromulgated per letter of Ministry of the Interior No. Tai (89) Nei-Di-Zi- 8971251 dated December 30, 2000.
Amendments to Articles 7, 8 and 9 per order of Ministry of the Interior No. Tai-Nei-Di-Zi-1000176893 dated September 16, 2011.
1. These Criteria are set forth in accordance with Paragraph 2, Article 34 of the Land Expropriation Act (referred to as “the Act” hereunder).
2. Municipal or county (city) governments should set their own criteria as basis for assessment of relocation fee for land expropriation in the municipality or county (city) in accordance with these Criteria and in consideration of the local conditions.
3. Owners of land improvements shall be paid relocation fee according to the following rules when they relocate their land improvements pursuant to Subparagraph 1, Paragraph 1 of Article 5 or Subparagraph 4, Paragraph 1 of Article 34 of the Act:
(1) For constructional improvements, relocation fee shall be 80% of the compensation assessed for the expropriated construction improvements.
(2) For agricultural improvements, relocation fee shall be 50% of the compensation assessed for the expropriated agricultural improvements.
The agricultural improvements mentioned in the preceding paragraph do not include bonsai. Municipal or county governments may pay the owners of agricultural improvements moving fees for bonsai at their own discretion in view of the actual situation.
4. Grave relocation fee shall be dispensed in accordance with the grave relocation standards of the municipality or county (city).
5. Memorial relocation fee will be assessed based on the actual expense. However the assessed relocation fee shall not be higher than the replacement cost of a structure in similar nature as the memorial concerned.
6. With respect to household relocation fee provided in Subparagraph 2, Paragraph 1, Article 34 of the Act, the relocation fee basis set out by municipal or county (city) governments shall not be higher than the criteria provided in Table 1 hereof. The household relocation fee mentioned in the preceding paragraph includes the fee for moving furniture.
7. With respect to the costs of dismantling, moving and reinstalling incurred in relocating powered machineries, raw materials for production or facilities for operation provided in Subparagraph 3, Paragraph 1, Article 34 of the Act, the relocation fee basis set forth by municipal or county (city) governments shall not be higher than the criteria provided in Table 2 hereof.
8. With respect to relocation fee for aquaculture products, municipal or county (city) governments should set forth the assessment basis in reference to the criteria provided in Table 3 herein.
9. With respect to relocation fee for livestock, the relocation fee basis set forth by municipal or county (city) governments shall not be lower than the criteria provided in Table 4 herein.
10. For relocated items of special nature that their relocation fee cannot be assessed in accordance with these Criteria, the municipal or county (city) government may look into the actual local condition for the assessment of compensation. If there is difficulty in making an assessment or dispute arises in connection with the assessment of relocation fee, the municipal or county (city) government may engage a reputable and professional appraiser firm to conduct assessment and take the result thereof into consideration when making a decision on the relocation fee. The professional service fee thereof shall be borne by the land use applicant.
Amendments to Articles 7, 8 and 9 per order of Ministry of the Interior No. Tai-Nei-Di-Zi-1000176893 dated September 16, 2011.
1. These Criteria are set forth in accordance with Paragraph 2, Article 34 of the Land Expropriation Act (referred to as “the Act” hereunder).
2. Municipal or county (city) governments should set their own criteria as basis for assessment of relocation fee for land expropriation in the municipality or county (city) in accordance with these Criteria and in consideration of the local conditions.
3. Owners of land improvements shall be paid relocation fee according to the following rules when they relocate their land improvements pursuant to Subparagraph 1, Paragraph 1 of Article 5 or Subparagraph 4, Paragraph 1 of Article 34 of the Act:
(1) For constructional improvements, relocation fee shall be 80% of the compensation assessed for the expropriated construction improvements.
(2) For agricultural improvements, relocation fee shall be 50% of the compensation assessed for the expropriated agricultural improvements.
The agricultural improvements mentioned in the preceding paragraph do not include bonsai. Municipal or county governments may pay the owners of agricultural improvements moving fees for bonsai at their own discretion in view of the actual situation.
4. Grave relocation fee shall be dispensed in accordance with the grave relocation standards of the municipality or county (city).
5. Memorial relocation fee will be assessed based on the actual expense. However the assessed relocation fee shall not be higher than the replacement cost of a structure in similar nature as the memorial concerned.
6. With respect to household relocation fee provided in Subparagraph 2, Paragraph 1, Article 34 of the Act, the relocation fee basis set out by municipal or county (city) governments shall not be higher than the criteria provided in Table 1 hereof. The household relocation fee mentioned in the preceding paragraph includes the fee for moving furniture.
7. With respect to the costs of dismantling, moving and reinstalling incurred in relocating powered machineries, raw materials for production or facilities for operation provided in Subparagraph 3, Paragraph 1, Article 34 of the Act, the relocation fee basis set forth by municipal or county (city) governments shall not be higher than the criteria provided in Table 2 hereof.
8. With respect to relocation fee for aquaculture products, municipal or county (city) governments should set forth the assessment basis in reference to the criteria provided in Table 3 herein.
9. With respect to relocation fee for livestock, the relocation fee basis set forth by municipal or county (city) governments shall not be lower than the criteria provided in Table 4 herein.
10. For relocated items of special nature that their relocation fee cannot be assessed in accordance with these Criteria, the municipal or county (city) government may look into the actual local condition for the assessment of compensation. If there is difficulty in making an assessment or dispute arises in connection with the assessment of relocation fee, the municipal or county (city) government may engage a reputable and professional appraiser firm to conduct assessment and take the result thereof into consideration when making a decision on the relocation fee. The professional service fee thereof shall be borne by the land use applicant.
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