Building Act Article 45

Where the landownership holder of a building site fails to reach an agreement with the landownership holder of adjacent land as mentioned in the above article, he/she may apply for mediation. The municipal or county (city) (bureau) government shall execute mediation within 1 month commencing from receipt of the application. In case the mediation fails, the landownership holder of the building site or the landownership holder of adjacent land may prepay the purchase price according to currency amount of compensation for expropriation to request the governing local government to expropriate and then sell the land within the specified minimum area, width and depth. The compensation employs the market price for expropriation of lands, or the cost of reconstruction for expropriation of buildings. In case that the ownership holders have any disputes, the amount of compensation will be assessed by the Standard Land Price Appraisal Committee.The sale of expropriated lands is not subject to the procedure described in Article 25 of the Land Act. To sell a piece of land, announcement shall be publicized for 30 days, and notice shall be given to the applicant. Upon expiration of the announcement period, where other parties interested do not state dispute, the land will be sold to the applicant and the rights transfer certificate will be issued. In case of any dispute, the land shall be sold through public tendering, but the original applicant has the preferential right to purchase. Where the income of sale through tendering exceeds the compensation for expropriation, the surplus shall be given to the original ownership holder of the expropriated land.Where a piece of land in the range described in the first paragraph is public-owned, it may be sold to the ownership holder of adjacent land at the announced current value of the land or a piece of adjacent land.