Statute for Encouragement of Private Participation in Transportation Infrastructure Projects Article 19

Where a transportation infrastructure project to be built by a private entity encouraged under this Statute needs to pass through over or under government or private owned land, an agreement shall be entered into with the relevant administrative authority of land or the land owner in respect of the scope of space required so as to obtain the superficies for the use of such land. If such an agreement cannot be reached on a government-owned land, said private entity shall apply, through the competent authority concerned, to the Executive Yuan for final decision without being subject to the restrictions provided in Article 25 of the Land Law. If such an agreement cannot be reached on a private-owned land, the superficies related to said land shall be obtained by the government mutatis mutandis in accordance with the regulations governing expropriation of land and shall thereafter be leased to said private entity for its use, with the preferential rental to be determined mutatis mutandis in accordance with the provisions of Article 10 hereof.In the event the land referred to in the preceding Paragraph becomes not suitable for proper use due to the passing through of the route of the transportation infrastructure project constructed under this Statute, the land owner may, during the period from the start-up date of the construction till the elapse of one year after the commencement date of operation of said transportation infrastructure project, apply to the competent authority for expropriation of the ownership of said land, and the competent authority concerned shall not reject such application. The value of the land so expropriated shall be compensated for in accordance with the applicable law; provided, however, that the consideration originally paid for obtaining the superficies on said land shall be deducted therefrom.Regulations governing the procedures for use of the space over or under the land, the scope of such use, the demarcation of the boundaries and creation of superficies, land expropriation, land value compensation, and the registration and approval of land title alteration referred to in the preceding two Paragraphs shall be prescribed by MOTC in conjunction with MOI.