Land Expropriation Act Article 11

Prior to applying for the expropriation of lands or land improvements, a land use applicant should negotiate with the owners or by other means to reach an agreement on the price of acquisition, unless there is an urgent need due to public security to use land for an undertaking of national defense, communication or transportation or water conservancy where no such agreement could be reached with land or land improvement owners due to time constraint. If the owners refuse to participate in the negotiation or the land use applicant and owners fail to reach an agreement after negotiation and the applicant is unable to acquire the lands or land improvements by other means, the applicant may apply for expropriation according to this Act.The negotiation mentioned in the preceding paragraph shall be made in writing with the results clearly stated. If no agreement is reached after negotiation, the reasons for failing to reach an agreement shall be documented and submitted to the Central Competent Authority at the time of application for expropriation.Unless it is otherwise provided by law, the preferential right to purchase as provided in other laws does not apply to the price negotiation mentioned in Paragraph 1 hereof.With respect to the price negotiation mentioned in Paragraph 1 hereof, the applicant should negotiate with the owners based on market value.The term “market value” referred to in the preceding paragraph shall mean normal transaction price in the market.