Highway Bureau, MOTCHighway Bureau, MOTC

According to the regulation, the compensation fee shall be issued within 15 days after the expiration of acquisition announcement. Therefore, the relevant municipal or county (city) competent authority will send a written notice for the time and location of compensation collection after published the information of acquisition.

According to Article 22-2 of Land Expropriation Act, if an interested person has objection over the amount of compensation, he may, within thirty (30) days from next day following the expiration of the public expropriation announcement period, raise the objection by submitting a written statement to the municipal or county (city) competent authority. Upon receiving such an objection, the municipal or county (city) competent authority shall forthwith investigate the matter and notify the interested person of the findings and decision made thereon in writing.

According to Article 11 of Land Expropriation Act, the purchased price through negotiation in market price shall comply with the provision of Article 42-3 in The Equalization of Land Rights Act, that those who voluntarily sell lands to the land acquisition authority in the compensation price for expropriation will be waived from land value increment tax.

Private roads already exist are lands that have been used for a long time and are public facilities. In terms of the handing of private roads already exist, there are a lot of similar roads in the provincial highways system under our authority and a huge budget of expropriation will be required; it is not a budget that the government can afford. Therefore, we follow “Guidelines for Land Acquisition of Private Roads Already Exist Under the Provincial Highways Managed by Highway Bureau, MOTC” to deal with the private roads already exist. The main method of acquisition is through the consolidation into annual engineering projects.

According to Article 30 of Land Expropriation Act, the value of expropriated land shall be compensated based on its current market value. The value of land reserved for public facilities in the urban planning area shall be compensated based on the average market value of its adjoining lands not reserved for public facilities. The market value referred to in the preceding paragraph shall be forwarded by the municipal or county (city) competent authority to the Land Value Evaluation Committee for determination. Municipal or county (city) 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 six months as basis for adjusting the compensation for expropriation.

In terms of the purchased price through negotiation, according to Article 11 of
Land Expropriation Act, the purchased price shall be negotiated with the owner in market price. In addition, according to the official letter published by Ministry of the Interior, the so-called market price refers to the normal transaction price. The information of the market price shall be referred to the public information disclosed by the government or the relevant information provided by real estate agency industry or the investigation done by a real estate appraiser.

The market price we used for acquisition agreement is determined after comprehensively evaluating and analyzing the relevant public information disclosed by the government and the market price provided by local Department of Land or local Land Office or the investigation done by a real estate appraiser.

It will be handled as below if any situation of occupation is found.
1. Coordinating with the occupier to return the property in its original state.
2. If there is any violation on the relevant laws or use control involved, the relevant competent authority shall be notified and shall coordinate according to legal regulations.
3. It shall be filed for civil action to solve the issue.
4. According to Article 320 and Article 349 of Criminal Code, it can request local police administration for investigation or directly file a lawsuit to the prosecutor's office. If the situation of occupation affects national security or public security, it shall be brought to justice in priority.
5. Other proper handling methods for occupation removal.

The houses and lands under our management shall be directly used according to the planning and purpose defined. If there is no demand of usage, they shall be changed to non-public property. For those belong to national property, they will be handed over to National Property Administration, MOF; if they are local government’s property, they shall be handed over to the authority appointed by the local government. You can submit your application for purchase from the institution which takes over.

1. The houses and lands under our management shall be directly used according to the planning and purpose defined. In principle, we will not lease properties under our management. However, we will lease and collect the payment under the situation of not violating original purpose and not affecting use of public affairs.
2. In terms of the calculation of rent, if the houses or lands leased belong to national property, it shall be handled according to “Principles for National Public Real Estate Revenue” announced by Ministry of Finance.If they belong to local government’s properties, it shall be handled according to local government’s regulation.

Anyone who occupies the houses and lands managed by our authority will be sentenced to imprisonment for maximum five years, criminal detention, or a fine of maximum NT$500,000 according to Article 320 of Criminal Code-Offenses of Larceny as well as shall take the responsibility of returning the land back in the original state as well as the improper profits, according to Article 179 and Article 767 of Civil Code. In addition, if the land occupied is a slope area and the land has water and soil erosion due to the person who occupies it violates the regulation of use, a penalty, in accordance with the violation of Slope Land Conservation And Utilization Act or Soil and water Conservation Act will be imposed.