Offshore Islands Development Act Article 9

In the areas to which this Act is applicable, where a piece of land was registered as public-owned due to expropriation, purchase, or compulsory purchase before the termination of battleground administration, or after the termination of battle administration period occupation, and the land administration authority has ceased to use or has in fact abandoned use of the land, the whole amount shall be publicly announced at the latest within two years from the date on which the amendment to this Act enters into force on December 20, 2013; and the original landowners or their heirs may, within five years of the public announcement, apply to the said land administration authority to buy back the land at the price calculated according to the current land value announced in the year in which the application is submitted. However, where the price paid for expropriation, purchase or compulsory purchase exceeds the land value as thus calculated, the price for buying back the land shall be the original expropriation, purchase or compulsory purchase price.After receipt of an application, the land administration authority shall reply to the applicant within 30 days. Where the application is found upon review to comply with the requirements of this Act, the land administration authority shall notify the applicant to pay the purchase price within 30 days, and if payment is not made within this time limit, the application shall be cancelled. Where the application is rejected as not complying with the requirements of this Act, the applicant if dissatisfied with this decision may submit a request for conciliation to the county (city) government of the area in which the land is situated.The time periods stated in the preceding paragraph may, when necessary, be extended by one month.The county (city) government conciliation referred to in paragraph 2 may be conducted under the mutatis mutandis application of Article 59 of the Land Act.Where land in the Kinmen area was registered as public land without the procedure for eminent domain or purchase, before the termination of battleground administration, and where there is sufficient proof of the pre-existence of a building or tomb on the land, the original landowners or their heirs or the original occupiers may, within five years from the date on which the amendment to this Act enters into force on December 20, 2013, apply with submission of relevant evidential documents to the authority in charge of the land in conjunction with the land administration authority in conducting a site inspection, and where the claim is confirmed as factual and there is no public use of the land, the area occupied by the building or tomb may be calculated, and the land sold at the current land value announced at the time of the application.Where land in the Matsu area, since 1949, was registered as public land without the procedure for eminent domain or purchase, causing the original landowner or person deemed as owner under Article 9 of the Enforcement Act of the Part of Rights in Rem of the Civil Code, or that person’s heir, to lose ownership right, and where land administration authority no longer has need to use it, the land shall be returned according to law upon application by the original owner, deemed owner or such person’s heir within five years from the date on which the amendment to this Act enters into force on December 20, 2013; and where land administration authority has continuing need to use the land, it shall conduct expropriation, purchase or lease of the land from the original owner, deemed owner or such person’s heir according to law. Where a request submitted under the Safety and Assistance Act for Kinmen, Matsu, Dongsha and Nansha has previously been rejected, a further application may be submitted under this Act.The Regulation for implementing the return of land as referred to in the preceding paragraph shall be prescribed by the Executive Yuan.Applications to buy back land under paragraph 1, applications to sell land under paragraph 5, and applications for the return of land under paragraph 6 shall not be subject to the restrictions of Articles 52 and 53 of the Urban Planning Act, Article 25 of the Land Act, Articles 28, 33 and 35 of the National Property Act, or local government public property management laws and regulations.The foregoing provisions of this Article shall apply mutatis mutandis any land in the Penghu area not expropriated, purchased or compulsorily purchased by government authorities under legally stipulated procedure.