Statute for Encouragement of Private Participation in Transportation Infrastructure Projects Article 23

The earth excavating/dumping site which is designated by the competent authority in conjunction with other relevant authorities based upon the needs of building transportation infrastructure projects encouraged under this Statute may be expropriated or appropriated by the competent authority to be subsequently provided for use by the private entity, through an arrangement of leasing or creating superficies.If a private entity intends to make use of the earth excavating/dumping site pursuant to the preceding Paragraph, it shall prepare an earth excavating/dumping plan and submit the same to the competent authority for prior approval after the competent authority’s consultation with other relevant authorities.If the land referred to in Paragraph 1 is acquired through expropriation, the competent authority concerned shall, after completion of the earth excavating/dumping, notify the land owner to buy the land back at the original expropriation price within six(6) months. Failure to buy back within such period shall be considered a waiver of such recovery right by the owner.Provisions in Paragraphs 1 and 3 shall not be subject to restrictions provided in Article 28 of the National Property Act.