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Q2:When an occupant acquires the ownership of above-ground objects on the occupied national non-public use land for less than five years, will the compensation for use of the occupied non-public-use national property be calculated from the actual date of acquisition of above-ground object ownership? Can the original owner of above-ground objects claim compensation for use of such property for a term of five years?

A2:     According to Article 179 of the Civil Code, “A person who acquires interests without any legal ground and prejudice to the other shall be bound to return it.” The undue enrichment from illegal occupants of national non-public use land should be claimed from the owner of the above-ground objects. Therefore, the compensation for use of the occupied non-public-use national property will be claimed based on the actual length of ownership of above-ground objects acquired for less than five years, and the rest of the compensation for use will be claimed from the original owner of above-ground objects for a length within five years.

Release date:2019-11-13 Last updated:2019-11-13