Chapter IV Government Purchase of Land According to the Declared Land Value
The procedures for purchase of lands at their declared values according to Articles 16, 26, 26-1, 47-1, 72 and 76 are as follows:
1.The Special Municipal Government or the County / City Government shall publicly announce the approved purchase of lands at their declared values and shall serve a written notice of the impending purchase to their owners, the persons to whom the lands have been transferred, and also to persons having other rights over the said lands.
2.Recipients of the written notice, within 50 days counting from the second day of its receipt, shall surrender their certificates of land ownership or of other rights over land and other relevant documents to the competent authorities. Any such certificates or documents that are not surrendered within the set time limit shall be declared null and void.
3.Recipients of written notice, after the certificates and documents surrendered by them are found upon careful examination by the Special Municipal Government or the County / City Government to be valid, or after their certificates and documents are declared null and void, according to the provisions of the preceding Subparagraph, shall call for the payments of their values or of the values of their other rights over land within a period of 30 days. If any such person fails to receive the payment after the expiration of the said period, it shall be deposited in the court according to law.
The public announcement and notification of purchase of lands at their declared values pursuant to the provisions of Article 16 shall be made after the declaration of land value and before the collection of land value tax.
The competent authorities shall stop receiving applications for the issue of construction license for those lands that may be purchased at their declared values, according to the provisions of Articles 26 and 72, from the next day of the expiration of the set time limit.
Any land purchased by the government at its declared values shall be transferred to the Special Municipal Government or the County / City Government within 60 days counting from the second day of receipt of the purchased price by the landowner or of the deposit of the purchase price in the court according to law. Any failure to effect the transfer after the expiration of the set time limit shall be brought by the competent authorities to the court for special performance.
The price of the purchased land shall be calculated according to the following provisions:
1.The purchase price of land shall be the same as its declared value if it is purchased pursuant to the provisions of Article 16 of this Act.
2.The purchase price of land shall be the same as its declared current transferred land value if it is purchased pursuant to the provisions of Article 47-1 of this Act.
3.The purchase price of land shall be the same as its publicly announced current land value if it is purchased pursuant to the provisions of Articles 26, 26-1, 72 and 76 of this Act.
If any land is purchased by the government at its declared value, the cost of land improvement which the owner has incurred and construction benefit charge he has paid shall be included as an additional part of the land price, provided such cost and charge are duly registered by the competent authorities with documentary evidence after verification.
Compensation shall be paid for agricultural improvements, if any, that have been made on lands subject to government purchase at their declared land values.
The compensation for agricultural improvements as referred to in the preceding Paragraph shall be assessed on the basis of the value of the ripened crops thereof, if the said crops are due to ripen in less than one year from the date of purchase, or on the basis of the cost incurred in their planting and cultivating, with the consideration of their current value, if the said crops are due to ripen later than one year from the date of purchase.
The provisions of the preceding two Paragraphs shall, mutatis mutandis, apply to the land compulsorily purchased by law.
The constructional improvements on the land to be purchased at its declared value shall be purchased together with the land if they belong to the same owner. But this provision shall not apply to the constructional improvements which do not belong to the landowner.
The purchase price of the constructional improvements referred to in the preceding Paragraph shall be estimated after investigation by the Special Municipal Government or the County / City Government and approved by the Land Evaluation Committee.