Act for Rebuilding Old Quarters for Military Dependents Article 22

Where more than two-thirds of the resident military householders in the military dependents’ villages to be reconstructed agree with the reconstruction, the competent authority shall be entitled to nullify the resident certificates and benefits of the householders who disagree with the reconstruction and recall their houses subject to the compulsory execution upon the jurisdictional district court’s ruling.Where more than one-second of the resident military householders in the military dependents’ villages to be reconstructed sign to petition with the competent authority for a new presentation for the reconstruction and certification thereof, the military dependents’ villages of which reconstruction agreed with more less than three-fourths of the resident military householders in the military dependent’ villages after the competent authority holds the presentation for reconstruction in accordance with Paragraph 3 of Article 20 herein prior to enforcement of the amendments to this Act may apply the provisions referred to in the preceding paragraph.Where less than two-thirds of the resident military householders in the military dependents’ villages to be reconstructed agree to the reconstruction, the householders may petition with the competent authority for a new presentation for the reconstruction if more than one-seconds of the householders sign to petition with the competent authority for the new presentation within six months upon enforcement of the provisions of this Act amended on May 12, 2009. For failure to file the petition upon the co-signatures within the specific time limit, no reconstruction will be performed.Where the competent authority approves the petition referred to in the preceding paragraph and holds the presentation for reconstruction, it shall give a written notice to the householders, and the reconstruction may be performed upon acquisition of the written consent from more than two-thirds of the householders and completion of the certification within three months. With respect to the householders who disagree to the reconstruction, the requirements provided in Paragraph 1 shall apply, provided that no construction will be performed if no written consent of more than two-thirds of the householders are acquired or no certification is completed within three months.Where the petition for urban renewal is petitioned in accordance with Paragraph 1(6) of Article 11 after no reconstruction is performed upon approval of the competent authority, the householders shall be included by the policy enforcer into the urban renewal plan and entitled to the relocation compensation or placement treatment, and be prohibited from claiming the various subsidies (reimbursements) pursuant to the relevant requirements referred to herein.
中文原文 國軍老舊眷村改建條例第22條
規劃改建之眷村,其原眷戶有三分之二以上同意改建者,對不同意改建之眷戶,主管機關得逕行註銷其眷舍居住憑證及原眷戶權益,收回該房地,並得移送管轄之地方法院裁定後強制執行。
原眷戶未逾三分之二同意改建之眷村,應於本條例中華民國九十八年五月十二日修正之條文施行後六個月內,經原眷戶二分之一以上連署,向主管機關申請辦理改建說明會。
未於期限內依規定連署提出申請之眷村,不辦理改建。
主管機關同意前項申請並辦理改建說明會,應以書面通知原眷戶,於三個月內,取得三分之二以上之書面同意及完成認證,始得辦理改建;對於不同意改建之眷戶,依第一項規定辦理。
但未於三個月內取得三分之二以上同意或完成認證之眷村,不辦理改建。
經主管機關核定不辦理改建之眷村,依第十一條第一項第六款規定辦理都市更新時,原眷戶應由實施者納入都市更新事業計畫辦理拆遷補償或安置,不得再依本條例之相關規定請領各項輔(補)助款。

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