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Q1: Can the property right of national land be exchanged for that of private land?

A 1:

According to Paragraph 3 of Article 52-1 of the National Property Act, in order to enhance the value of non-public use real estate, the ownership of non-public use real estate can be exchanged for that of real estate owned by others after the specific approval of the Ministry of Finance. The so-called increase in utilization value refers to the following circumstances in accordance with Article 2 of the "Regulations for Exchange between National Non-public Use Real Estate and Other Real Estate":

I. The shape of the national land is long and narrow or the land is scattered. The plot can be concentrated for more effective planning and utilization after an exchange.

II. The cadastral line between national land and land owned by others is tortuous. After an exchange, the shape is square-like, making it more suitable for effective planning.

III. The area of national land that can be used for building does not meet the requirement of the minimum area for a building site, so that it cannot be used for building alone. However, it can be used for building after its exchange or combination with adjacent land.

IV. The area of national land that can be used for building does meet the requirement of the minimum area for building site but can be used for more effective planning and utilization after an exchange.

V. The national land and the building improvements on it that are shared with others can be used for more effective planning and utilization after an exchange.

VI. The national land and the building improvements on it can be used together with adjacent national land and the building improvements on it after an exchange.

VII. After an exchange the national real estate can be used for more effective planning and utilization to satisfy official or public needs.

VIII. The national land under other circumstances can be used for more effective planning and utilization after an exchange.

Release date:2020-06-19 Last updated:2022-11-21
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