Offshore Islands Development Act Article 8

Where land required for a major construction project on an offshore island is publicly owned, the competent authority may, after carrying out the allocation for use, set a time limit for the provision of the land for use by a private institution by means of lease, establishment of superficies, trust, or the use of royalty or rent for the land as financial contribution, and shall not be subject to the restrictions of Article 25 of the Land Act, Article 28 of the National Property Act, or laws and regulations concerning the management of public property by local governments.Where a major construction project on an offshore island is a public construction assigned for undertaking by a private institution, and the land required for the project is privately owned, the competent authority or the private institution shall negotiate with the landowners to purchase the land at a regular price, and if the negotiation is unsuccessful or cannot be conducted, the competent authority may execute expropriation. The expropriation plan shall clearly state that the land is provided for a private institution to carry out development, construction and operation by means of joint development, commissioned development, cooperative business operation, lease, establishment of superficies, trust, or the use of royalty or rent for the land as financial contribution, and shall not be subject to the restrictions of Article 25 of the Land Act, Article 28 of the National Property Act, or laws and regulations concerning the management of public property by local governments.To help private institution acquire land needed for major construction projects on offshore islands, the competent authority or the county (city) government may select a suitable location and, after submitted to the Executive Yuan for approval the central competent authority, directly execute zone expropriation. After the scope of the zone expropriation is determined, the land allocated for investment by private institution may be sold by auction in advance,and shall not be subject to the restrictions of Article 53 and Article 55-2 of the Equalization of Land Rights Act.