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  • Interpretation
  • No.110
  • Date
  • 1965/12/29
  • Issue
    • (1) In the eminent domain proceedings, may a reassessment of the land be initiated by the agency in charge of land administration if neither the condemnor nor the landowner object to the amount of compensation originally assessed?
    • (2) What is the effect of delay in payment of compensation? (3) When must the payment of compensation be made if there is a delay caused by reassessment of the land?
  • Holding
    •        (1) When neither the condemnor nor the landowner in an eminent domain proceeding object to the amount of compensation assessed, the agency in charge of land administration may not invoke Article 247 of the Land Act to annul the government published land value and refer the case to the Standard Land Value Determination Committee for reassessment. 
      
    •        (2) If the condemnor does not pay the land value and other compensatory expenses to the agency in charge of land administration within fifteen days of publication of the proceeding, the condemnation shall lose effect in accordance with Interpretation Yuan-tze No. 2704. However, exceptions shall be made when the delay is caused by a dispute over the amount of compensation and the case was lawfully referred to the Standard Land Value Determination Committee for reassessment, or when the landowner consents to the deferral of payment. 
      
    •        (3) When the amount of compensation has been determined by the Standard Land Value Determination Committee, the agency in charge of land administration shall promptly notify the condemnor of the decision of the Committee and order payment be made to the landowner within a specified period. The period set for payment may vary from case to case but in no event shall exceed fifteen days as prescribed by Article 233 of the Land Act.
  • Reasoning
    •        (1)The amount of compensation in an eminent domain proceeding shall be the land value determined by law, if the law has prescribed the land value by an assessment process. If there was a government published land value but ownership of the land had since been transferred, the amount of compensation shall be the cost of the last transaction. If there has never been an assessment or a transaction record, the amount of compensation shall be determined by the agency in charge of land administration. If there was a dispute over the land value so decided, the agency in charge of land administration should refer the case to the Standard Land Value Determination Committee for reassessment, according to Articles 239, 247 of the Land Act. Accordingly, if neither the condemnor nor the landowner object to the amount of compensation, the agency in charge of land administration has no authority to annul the government published land value and refers the case to the Standard Land Value Determination Committee for reassessment. 
      
    •        (2) According to Interpretation Yuan-tze No. 2704 of this Court, if the condemnor does not pay compensation to the agency in charge of land administration within fifteen days of publication of the proceeding, the condemnation shall lose effect. However, if within the above-prescribed period there is a dispute over the amount of compensation, and the case was referred to the Standard Land Value Determination Committee by the agency in charge of land administration, the amount of compensation is still pending. Or, if the landowner agreed with the condemnor to delay the payment, the landowner*s interest is not jeopardized. Therefore, the condemnation does not lose effect in these situations. 
      
    •        (3) The purpose of Article 233 of the Land Act prescribing the payment period is to protect private rights by preventing delay of payment in the eminent domain proceedings, and to minimize the damage of landowners. If the case were referred to the Standard Land Value Determination Committee for reassessment by the agency in charge of land administration due to a dispute over the government published land value, although the Act does not specify a payment period after reassessment, nonetheless, for the reasons indicated above, the agency in charge should promptly notify the condemnor of the decision of the Committee and order that payment be made to the landowner within a specified period. The period set for payment should not exceed fifteen days as prescribed by Article 233 of the Land Act.  
      
    •        En passant, this petition was lodged by the Executive Yuan and the Control Yuan sequentially concerning a common primary issue, therefore, the interpretation shall be made in a joint procedure.
      
    • *Translated by Robert Huai-Ching Tsai;Yi-Yi Lee.
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