Enforcement Rules of the Land Expropriation Act Article 40

The term “approved by the superior competent authority under special circumstances” referred to in Paragraph 2, Article 39 of the Act shall mean that when the total area of the “lands for compensation” is not 50 per cent of the total area of zone expropriation, the applicant is required to prepare sufficiently concrete reasons and submit it to the superior competent authority for approval before submitting the zone expropriation plan for approval. The term “readjusted agricultural lands” shall mean that the original lands were once involved in the readjustment of agricultural lands, and where the lands have been contributed for farm roads and waterways, which are registered under the name of the municipality or county (city) or as land owned by an irrigation association.The ratio of “lands for compensation” distributed back to owners shall be deemed to comply with Article 39 of the Act, provided the actual area distributed back is reduced because more landowners opt for receiving cash compensation or opt for lands in higher-price area.
中文原文 土地徵收條例施行細則第40條
本條例第三十九條第二項所稱因情況特殊,經上級主管機關核准者,指抵價地總面積非為徵收總面積百分之五十時,經需用土地人擬具具體理由,於區段徵收計畫書報核前,先報經上級主管機關核准者。
所稱曾經農地重劃者,指原有土地曾參加農地重劃並分擔農路、水路用地,且該農路、水路用地已登記為直轄市、縣(市)或農田水利會所有者。
抵價地發給比例因土地所有權人領取現金補償或選擇高價區位土地較多者,致實際發給面積比例降低,視為已符合本條例第三十九條之規定。

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