Land Rights﹝50-65﹞
Guidelines for Surveying and Selecting Area of Land for ExpropriationCH
Guidelines for Surveying and Selecting Area of Land for ExpropriationCH
Promulgated Date2012/01/11
Law ContentPromulgated per order of Ministry of the Interior No. Tai-Nei-Di-Zi-1000250882 dated January 11, 2012.
1. These Guidelines are set forth for land use applicants to follow when they apply for land expropriation (excluding zone expropriation) that they should survey and select the location and area of land for expropriation commensurate with the nature of their business and actual needs.
2. If private land within the scope of urban planning that may be expropriated is selected, a land use applicant should reexamine the appropriateness of land location and the necessity of expropriation before applying for the expropriation of land.
3. If non-urban land is selected, a land use applicant should pick the area of land that would cause the least loss and try to avoid the following lands whenever possible:
(1) Farmland.
(2) Land in densely built area.
(3) Land in cultural preservation area.
(4) Land in environmentally sensitive area or special purpose area.
(5) Land currently being used by a public enterprise or land for which another agency has applied for expropriation.
4. Arable and pastoral lands in a special agricultural zone are not subject to expropriation unless it is an interspersed odd piece of land that is difficult to circumvent. However the preceding provision does not apply to such land that is necessary for use by a national defense, communication or transportation, or water conservancy undertaking, or a public utility enterprise for erecting power transmission lines, or for use in an infrastructure project already approved by the Executive Yuan.
5. When non-urban land is selected, a land use applicant shall include the following information in the brief introduction of the proposed undertaking, and post such information together with explanations at a proper place at the venue for public hearings:
(1) The boundaries on all four sides of the proposed land area;
(2) The number of private and public lots in the proposed land, their respective area and percentage to the total proposed land area;
(3) The state of private land improvements in the proposed land area;
(4) The land use zoning and designation of land use in the proposed land area, and the percentage of such land by area;
(5) Reasons why the use of private land in the proposed land area is reasonable, relevant and necessary;
(6) The presence or absence of alternative areas and reasons; and
(7) Other reasons for the necessity of expropriation.
The land use applicant should prepare a schematic diagram annotated with legends to depict the current status of lands in the proposed land area described in Subparagraphs 1 to 4 of the preceding paragraph.
6. A land use applicant must submit the land use plan for the proposed undertaking to the city planning commission and the regional planning commission for review. In addition, if a major dispute arises out of the location and the area of land it selects that will affect the development of the proposed undertaking, the land use applicant may, by its vested authority, set up a professional review team to review the dispute after holding public hearings and before the proposed undertaking is approved or is submitted to the competent authority in charge of the business for approval.
After the dispute mentioned in the preceding paragraph has been reviewed and properly handled, the land use applicant shall report the result of dispute as an attachment when the proposed undertaking is submitted for approval or permission.
1. These Guidelines are set forth for land use applicants to follow when they apply for land expropriation (excluding zone expropriation) that they should survey and select the location and area of land for expropriation commensurate with the nature of their business and actual needs.
2. If private land within the scope of urban planning that may be expropriated is selected, a land use applicant should reexamine the appropriateness of land location and the necessity of expropriation before applying for the expropriation of land.
3. If non-urban land is selected, a land use applicant should pick the area of land that would cause the least loss and try to avoid the following lands whenever possible:
(1) Farmland.
(2) Land in densely built area.
(3) Land in cultural preservation area.
(4) Land in environmentally sensitive area or special purpose area.
(5) Land currently being used by a public enterprise or land for which another agency has applied for expropriation.
4. Arable and pastoral lands in a special agricultural zone are not subject to expropriation unless it is an interspersed odd piece of land that is difficult to circumvent. However the preceding provision does not apply to such land that is necessary for use by a national defense, communication or transportation, or water conservancy undertaking, or a public utility enterprise for erecting power transmission lines, or for use in an infrastructure project already approved by the Executive Yuan.
5. When non-urban land is selected, a land use applicant shall include the following information in the brief introduction of the proposed undertaking, and post such information together with explanations at a proper place at the venue for public hearings:
(1) The boundaries on all four sides of the proposed land area;
(2) The number of private and public lots in the proposed land, their respective area and percentage to the total proposed land area;
(3) The state of private land improvements in the proposed land area;
(4) The land use zoning and designation of land use in the proposed land area, and the percentage of such land by area;
(5) Reasons why the use of private land in the proposed land area is reasonable, relevant and necessary;
(6) The presence or absence of alternative areas and reasons; and
(7) Other reasons for the necessity of expropriation.
The land use applicant should prepare a schematic diagram annotated with legends to depict the current status of lands in the proposed land area described in Subparagraphs 1 to 4 of the preceding paragraph.
6. A land use applicant must submit the land use plan for the proposed undertaking to the city planning commission and the regional planning commission for review. In addition, if a major dispute arises out of the location and the area of land it selects that will affect the development of the proposed undertaking, the land use applicant may, by its vested authority, set up a professional review team to review the dispute after holding public hearings and before the proposed undertaking is approved or is submitted to the competent authority in charge of the business for approval.
After the dispute mentioned in the preceding paragraph has been reviewed and properly handled, the land use applicant shall report the result of dispute as an attachment when the proposed undertaking is submitted for approval or permission.
