農地重劃條例

This Act is enacted to regulate the arrangement in accordance with farmland readjustment. Unless otherwise provided for in this Act, other relevant laws are applied.

The term “competent authority” as used in this Act means Ministry of Interior, at the central govern level; the special municipality government at the special municipality level; and the county (city) government at the county (city) level.

The special municipality or the county (city) competent authority shall establish the Farmland Readjustment Commission for transacting the arrangements of farmland readjustment, and the Farmland Readjustment Coordination Commission individually for assisting coordination in the readjustment area in necessity. Guidelines of Farmland Readjustment Coordination Commission are formulated and promulgated by the central competent authority. The farmland readjustment in the preceding paragraph is planned and executed by the land administration office jointing with other relevant organizations for the development of agriculture in future.

The government or the Farm Irrigation Association hold the construction of the roadways, the drains, and the other relevant works, not including the regional drainage works. The costs on the construction works are shared by the government and the landowners at the proportion formulated by the Executive Yuan. The construction costs in the preceding paragraph shall be paid with the cost equivalent lands in readjustment area by the landowners.

The order of the right of pre-emption on the arable lease land in the readjustment area is as follows: 1.The tenant who leases the arable land. 2.The other common owner who cultivates over common land. 3.The landowner whose land is adjacent to the arable land.

The special municipality or the county (city) competent authority shall voluntarily extract the readjustment area in its jurisdiction, hand out the Farmland Readjustment Proposal and its cadastral map, and apply to the higher competent authority for the approval of implementing farmland readjustment under the circumstances as follows. 1. The arable land not suitable for farming, irrigation, and drainage. 2. The arable land not suitable for expanding or for mechanizing. 3. The area lack of the roadways and the drains not suitable for farming. 4. The area being established the new irrigation and drainage system. 5. The farmland suffered by the vital disaster like flood, landslides…etc. 6. The farmland being developed or improved. The extraction of the readjustment area, fulfilled with the goals of agricultural development plan and county community construction, shall not be restricted to the administrative boundary.

The special municipality or the county (city) competent authority should announce the Farmland Readjustment Proposal proved by higher authority at local government organization for thirty days, then implement the proposal. While more than one half of the landowners who hold more than one half lands in the readjustment area oppose the proposal during the course of the public announcement, the competent authority should mediate the oppositions and revise Farmland Readjustment Proposal. The reauthorization of the arrangements of farmland readjustment should be implemented after public announcement.

When more than one half of the landowners who hold more than one half lands in the readjustment area in accordance with article 6, the special municipality or the county (city) competent authority shall apply to the higher authorities for approval of the arrangements of farmland readjustment in priority.

During the course of public announcement of Farmland Rreadjustment Proposal, the special municipality or the county (city) competent authority shall announce publicly in the meantime of prohibiting land modification activities such as the built improvements construction, new development, stone quarrying, or changing topography in the readjustment area. The course of prohibition shall not last more than eighteen months.

The Central Competent Authority shall formulate guidelines with reward to the landowner who is voluntarily transacting to improve the land use and broaden the arrangements of farmland readjustment. The arrangements of commendation are applied to Article 58 of The Equalization of Land Rights Act. The voluntary transaction in the preceding paragraph is contented with two thirds of landowners who hold more than two thirds of lands in the readjustment area, and is approved by the special municipality or the county (city) competent authority.

The land for roadway and drain after readjustment should be substituted by the land for roadway and drain originally owned by the government and the Farm Irrigation Association in the readjustment area. If the land is still not enough, then should be substituted by the proportion of the land in farmland readjustment area. The special municipality or the county (city) competent authority should notify the manage authority or Farm Irrigation Association not to lease, dispose, or encumber the substituted land for roadway and drain mentioned in the preceding paragraph during the course of public announcement of Farmland Readjustment Proposal.

The readjustment construction should be held for the necessity of farm and irrigation engineering facilities and regional land arrangements in the readjustment area. If the arrangement work is individual, the distributed landowner should pay for it. The expenses of the arrangement work shall be paid by the special-purpose bank loan assigned by government.

The original land for roadway, pond, ditch, or other public use in readjustment area shall be modified or cancelled for the reason of farmland readjustment.

The design standard of farm and irrigation engineering facilities and the architectural specification in readjustment area should be formulated by the Central Competent Authorities consulting with the central agricultural and other relevant authority.

The farmland after readjustment should be irrigated and drained directly, and close to the roadway. The standardization of farm lot is formulated and promulgated by the special municipality or the county (city) competent authority.

The construction of readjustment works should be started after harvesting and at the season of the least damage to the main crop while the different harvesting season.

The special municipality or the county (city) competent authorities should announce publicly and notify the owner or landlord to demolish or relocate land improvements and graves in the readjustment area by themselves during thirty days. The demolishment or relocation should be done by the competent authorities if delaying to do so or nobody to notifying. The demolishment or relocation of land improvements and graves in the preceding paragraph should be compensated. The standard of compensation is investigated and formulated by the special municipality or the county (city) competent authority. There is no compensation if against the provision of Article 9. The expenses of the demolishment or relocation paid by the competent authorities should be deducted from the compensation currency.

All the lands in the readjustment area should be redistributed. The rights and the identification of lands recorded on the land registers are identified at the time of one day before the redistributing work begins. The tenant and reclaimer are the persons who have the contract or the approval at the time of one day before the redistributing work begins.

The special municipality or the county (city) competent authority should have ceased registering land rights transference or the encumbrance except the mortgage right since the redistribution begins. The period of ceasing registration in preceding paragraph shall not last more than eight months. The special municipality or the county (city) competent authority should announce publicly to cease registration in the second paragraph and to start redistribution in the first paragraph at the time of the day to cease registration thirty days ago.

The readjustment area shall be divided into several distribution areas in necessity of natural environment, the lot size, the land value, and the necessity of redistribution.

The special municipality or the county (city) competent authority should reevaluate the district land value in the readjustment area for land redistribution and compensation. The land redistribution should convert the original lot size which is deducted some lands for roadway, drain and cost equivalent land for construction costs into total redistributed land value by reevaluating the district land value. Then, the redistribution lot size, which counts on the district land value on the new distribution area, is redistributed to the landowner. The landowner shall be compensated with the currency if the redistributed lot size below the minimum farm lot size.

The redistributed lot should be located by original order in the same redistribution area. While the small size lot should be merged into large size lot, which are owned by the same landowner in the same redistribution area. The leased lot should be gathered to the lot owned by tenant. The proviso in the preceding paragraph does not apply to the circumstances as follows: 1.The built improvement on land before the public announcement of the Farmland Readjustment Proposal. 2.The land originally adjacent to roadway, railway, village, or special built improvement. 3.The graveyard. 4.The land originally located at the area of cemetery, river, the edge of the valley, or special topography. 5.The land category of yuan, lio, pond, ditch, river, grass, forest, or tza registered and hard to be transformed into paddy or dry land.

The landowner whose redistributed lot size or merged lot size still below the minimum farm lot size in the readjustment area should be compensated with the currency in accordance with original evaluated the district land value. If the landownership belongs to more than one landowner in above situation, there is only one person shall apply for the redistribution. The land compensated with currency in the preceding paragraph should auction in public. The special municipality or the county (city) competent authority should sell the land if not auctioned out twice to the farmer who needs. The landowner adjacent to the land auctioned or sold in the second paragraph has the right of pre-emption in accordance with the same qualifications. If there is more than one landowner take the right of pre-emption, the landownership should be decided by lottery.

The common land in the readjustment area shall be redistributed to individual as following circumstances: 1.The land above minimum farm lot size redistributed to common landowner. 2.The land above minimum farm lot size owned by the part of the common landowner if the common landowner owns more than one lot. 3.The common land redistributed to one of common landowner through negotiation.

The special municipality or the county (city) competent authority should announce publicly the result of redistribution at local government organization in the readjustment area after finishing land redistribution, and send the notices in writing to landowner, tenant, reclamier and other land right owner. The course of the public announcement in the preceding paragraph is thirty days.

The special municipality or the county (city) competent authority should investigate and dispose the opposition in writing about land redistribution during the course of the public announcement. The mediation should be done between the related land right owners. The landowner should raise an opposition on the spot, if they are not satisfied about the mediation. The competent authority should apply to the higher authority for ruling the opposition within five days. The opposition in the preceding paragraph should be mediated first by Farmland Readjustment Commission or Farmland Readjustment Coordination Commission if been set up already in county level.

The redistributed land after the farmland readjustment is deemed as original land since the day of redistribution confirmed.

The competent authority should notify landowner, tenant and reclaimer in writing to transfer land within a definite period. The refuse of transfer shall be referred to the court for compulsory execution.

The arable lease land which land description changed or lease purpose unfulfilled owing to the implementing farmland readjustment should be registered modification registration or canceled the lease contract directly in accordance with the result of redistribution. The parties should be informed. The tenant shall apply or claim for the compensation in accordance with the lease cancellation mentioned in the preceding paragraph under circumstances as follows: 1.The tenant shall apply one-year rent for compensation to leaser in case of the odd lot merged into other arable land. 2.The landowner gets two-third of compensation and the tenant gets one-third of compensation in case of the odd lot undistributed.

The special municipality or the county (city) competent authority registers the land right originally registered other land rights registration and restriction registration as transformation or deletion registration directly in accordance with the result of redistribution.

The superficies, agricultural right or the permanent lease registered before readjustment is deemed as elimination. The superficies, agricultural right or the permanent lease obligee shall claim for equivalent compensation to the landowner. The claim in the preceding paragraph should be exercised within two months since the readjustment redistribution confirmed.

The servitude of real property right still exists on the original land even after readjustment. Unless the purpose has been eliminated for the readjustment, the servitude of real property is deemed as eliminated and the servitude of real property obligee shall apply the equivalent compensation to the landowner. The servitude of real property obligee whose benefit has been reduced shall keep the servitude of real property right under the benefit ceiling. The provision in the second paragraph is applied to the proviso in the first paragraph.

The special municipality or the county (city) competent authority shall mediate and clear up the land right which originally registered the mortgage right or dien right on the undistributed land within the equivalent compensation of the landowners.

The land in the readjustment area should be reassigned district numbers, and be transacted to cadastral survey, land registration, the exchange of certification for free after readjustment.

The land had not been transacted in readjustment area should be transacted to the measurement of cadastral survey, land registration, and the owners’ reported value in accordance with the result of readjustment.

The redistributed land shall not be transferred until the construction expenses or the differential land value is paid, except that the redistributed land owner promise to pay.

The roadway in the readjustment area and the drain not managed by Farm Irrigation Association should be registered to the name of special municipality or the county (city). The land named of nation, the province, and the country (or town) should be registered as registration of deletion. The special municipality or the county (city) competent authority does or appoints certain institute or organization to manage and maintain the roadway and drain mentioned in the preceding paragraph. The fees induced are arranged by annual government budget. The land for drain and relevant irrigation facilities managed by Farm Irrigation Association are registered to Farm Irrigation Association, and are managed and maintained by Farm Irrigation Association.

The management authority for the roadway and drain should examine the roadway and drain more than once per year, and have the responsibilities to manage and maintain roadway and drain after farmland readjustment accomplished. The tenant in the readjustment area has the obligations on maintaining the roadway and drain in the adjacent area, and informing the management authority immediately while damage happened.

Those behaviors as follows should be sentenced to imprisonment for less than one year, detention, or a fine less than two thousands New Taiwan Dollars. The improper usage should be recovered back to the original use. 1.The land use after farmland readjustment without approval. 2.The violation against the public announcement of the provision of Article 9 that interferes the implementing farmland readjustment. 3.The occupation, cultivation, use or other usages that interferes the implementing farmland readjustment.

Those behaviors as follows should be sentenced to imprisonment for less than three years, detention, or a fine less than five thousands New Taiwan Dollars. 1.The moving or destroying the gauge stake of readjustment survey that interferes the design, construction or redistribution of readjustment works. 2.The violence, the threat, or other active that interferes the construction of the readjustment work. 3.The obstruction, the destruct, or other active that interferes the irrigation, drainage, or the passing of the roadway and drain.

The enforcement area of this act is formulated and promulgated by the Executive Yuan in ordinance.

The Enforcement Rules of this act is formulated and promulgated by Ministry of Interior.

This act is implemented from the day of promulgation.