Land Expropriation Act Article 40

Original landowners who are unwilling to receive cash as compensation for their lands under zone expropriation may, during the public announcement period for expropriation, apply to the municipal or county (city) competent authority in writing for distribution of land for compensation by enclosing related supporting documents. The municipal or county (city) competent authority shall forthwith review the application and notify the applicant of the result in writing.When landowners apply for distribution of land for compensation in accordance with the preceding paragraph, they may apply with all or part of the compensation they are entitled to for their expropriated land.For landowners who apply for distribution of land for compensation, their rights and obligations in association with their lands end when they receive the notice of approval of the distribution of land for compensation issued by the municipal or county (city) competent authority. Landowners who have been approved to receive land for compensation or have received compensation payment for their expropriated land may apply to the municipal or county (city) competent authority to switch to the distribution of cash compensation or distribution of land for compensation based on the original compensation for land value. The municipal or county (city) competent authority will grant approval after obtaining the consent of the land use applicant.Landowners who apply to switch to distribution of cash compensation or distribution of land for compensation according to the preceding paragraph shall make such application within one month from the date of notice of approval of distribution of land for compensation, or the date the cash compensation is paid in full, or the date of notice of compensation for land value being deposited into the custodian account, and such application is allowed once only. For applications for switching to distribution of land for compensation, the municipal or county (city) competent authorities shall ask the applicant to return the compensation for land value to be switched to land for compensation before granting the approval.For applications for distribution of land for compensation, the municipal or county (city) competent authorities are not subject to the time limit for distribution of land for compensation as provided in Paragraph 1, Article 20 herein.The municipal or county (city) competent authorities shall, after planning the allocation of lands to be distributed to landowners whose applications for distribution of land for compensation have been approved, request the registry authority to carry out the registration of land ownership, and notify the original landowners to take over by presenting themselves on the sites during a specific period. If any original landowner fails to do so as instructed, the land shall be deemed to have been taken over.
中文原文 土地徵收條例第40條
實施區段徵收時,原土地所有權人不願領取現金補償者,應於徵收公告期間內,檢具有關證明文件,以書面向該管直轄巿或縣(巿)主管機關申請發給抵價地。
該管直轄巿或縣(巿)主管機關收受申請後,應即審查,並將審查結果,以書面通知申請人。
土地所有權人依前項規定申請發給抵價地時,得就其全部或部分被徵收土地應領之補償地價提出申請。
申請發給抵價地者,對其土地之權利義務,於接到該管直轄巿或縣(巿)主管機關核定發給抵價地通知時終止。
經核定發給抵價地或已領竣徵收補償地價之土地所有權人,得向直轄巿或縣(巿)主管機關申請,改按原徵收補償地價發給現金補償或發給抵價地,經直轄巿或縣(巿)主管機關徵得需用土地人同意後核准。
前項申請改發給現金補償或改發給抵價地者,應於核定發給抵價地通知之日,或現金補償發給完竣之日,或通知補償地價存入保管專戶之日起一個月內為之,並以一次為限。
申請改發給抵價地者,直轄巿或縣(巿)主管機關應限期繳回其申請改發給抵價地之徵收補償地價後始得核准。
申請發給抵價地者,直轄巿或縣(巿)主管機關不受第二十條第一項發給期限之限制。
經核定發給抵價地者,其應領之抵價地由該管直轄巿或縣(巿)主管機關於規劃分配後,囑託該管登記機關逕行辦理土地所有權登記,並通知原土地所有權人定期到場接管。
未按指定期限接管者,視為已接管。

English translation for reference only; the Chinese text prevails. Not legal advice.