Statute for Encouragement of Private Participation in Transportation Infrastructure Projects Article 18

For maintaining the safety of building and operation of a transportation infrastructure project encouraged under this Statute, the competent authority may consult with the local municipal or county(city) government to make a survey, to demarcate the restricted areas adjacent to the transportation infrastructure project, and to publish the same for prohibiting and restricting the construction or erection of government/private owned buildings and advertising structures within such restricted areas, without being subject to the land use zoning control or regional land use control under the urban planning. With regard to the buildings, advertising structures and other obstacles which are under construction or already in existence within such restricted areas and which impede the safety of the building and operation of said transportation infrastructure project, the competent authority may instruct or consult with the local authority in charge of constructions to set a time limit for modification or removal thereof by the owner. Failure to do so on the part of the owner within the given time limit shall cause a compulsory removal thereof, provided however, that the owner shall be entitled to a reasonable amount of compensation; and if the owner objects to the amount of such compensation, the case shall be referred to the superior competent authority for decision.Regulations governing the prohibition and restriction of construction referred to in the preceding Paragraph shall be prescribed jointly by MOTC and MOI.