Act for Promotion of Private Participation in Infrastructure Projects Article 18

Where an infrastructure to be built by a private institution needs to pass through over or under any government- or privately owned land, unless otherwise stipulated by other laws, the private institution hereunder shall negotiate with the relevant authority in charge of the management of the government-owned land or the owner of the private land, as the case may be, for creation of superficies on the needed area. If such an agreement cannot be reached on government-owned land, the private institution may apply to the authority-in-charge, which will forward the application to the Executive Yuan for a final decision, without being subject to the restrictions under Article 25 of the Land Act. If such an agreement cannot be reached on a part of privately owned land, the government may acquire the superficies on such land mutatis mutandis in accordance with the regulations governing expropriation of land, and then lease such land to the private institution for use for favorable rental to be determined mutatis mutandis in accordance with Paragraphs 1 and 2, Article 15.In the event that the land as referred to in the preceding paragraph becomes unsuitable for proper use because it is traversed by routes of the infrastructure project, the land owners may, from the date of the construction until one year after the commencement of the operations of the infrastructure, apply to the authority-in-charge for expropriation of the ownership of such land, and the authority-in-charge shall not reject such application. The compensation for the land so expropriated shall be decided in accordance with Article 16 and shall be given to the relevant owners after deduction of the compensation receivable by the owners for the superficies created. The land costs increased as a result thereof shall be included in the costs of the infrastructure project.The regulations governing the procedures for use of the space over or under the land, the scope of such use, the demarcation of the boundaries, the creation of superficies, the land expropriation, the compensation for expropriation, registration and review of such use as referred to in the preceding two paragraphs shall be prescribed by the central authorities in charge of the relevant industries in conjunction with the Ministry of the Interior.