Kinmen County Self-government Ordinance for the Implementation of Cadastral Survey and Land Registration Operations for Unregistered Lands

The Kinmen County Government set forth this Self-government Ordinance in order to implement the cadastral survey and land registration operations for unregistered lands. Unless otherwise provided in applicable central competent authorities’ laws and regulations, the cadastral survey and land registration operations conducted for any unregistered lands shall be subject to this Self-government Ordinance.

The cadastral survey and land registration operations for the unregistered lands conducted pursuant to this Self-government Ordinance is for the purpose of cadastral management only, after the implementation of the general registration of land, its registration procedures relating to the disposition of the land right or the control of land use etc. may be conducted, mutatis mutandis, by relevant competent authorities in accordance with applicable laws and regulations.

The cadastral survey and land registration operations for the unregistered lands should be conducted pursuant to provisions as follows:

1. Provided that any unregistered public land found during the process of cadastral management, the National Property Administration, Ministry Of Finance, or its branch office shall register it with Land Administration Bureau of Kinmen County as land owned by the State unless it is applicable to provisions set forth in the “Principles for Governing the Ownership of River Infilled Lands and Derelict Lands in Street/Road Ditches” and Article 15 of “Enforcement Rules of National Property Act”.

2. In case any unregistered public land found during the process of cadastral management, it will be registered as an ownerless land if no any applicant may present an official evidence of land ownership for registration within a two (2) months time limit through a post-registration procedure promulgated by the Land Administration Bureau of Kinmen County; aforesaid ownerless lands are deemed to be lands in escrow for a least one (1) year by the competent authority in Kinmen County Government since the date of public announcement. A person having original ownership of an ownerless land may provide an official proof of property rights or use rights during the escrow period together with evidence signed by the Township Chief to Land Administration Bureau of Kinmen County, and thereby, a cadastral survey operation shall be conducted prior to the application for the registration of ownerless land within prescribed time limit, in which, relevant applicant in person must attend to the survey site upon the re-survey operation to verify the border marks, boundary points, turning points or any other assigned points together with all related parties of adjacent lands in accordance with applicable provisions in Article 210 and Article 215 of “Regulations for Cadastral Survey”. In event that an occupant of the land claims its rights of land ownership and applies for registration due to the fulfillment of positive prescription pursuant to Article 769, 770, or 772 of the Civil Code, and thereby, the Land Administration Bureau of Kinmen County will make a public announcement for a period of thirty (30) days after review, and conduct the land registration procedure only after the approval by the Kinmen National Park Headquarters, Construction and Planning Agency, Ministry of the Interior as well as the urban planning, traffic, water conservancy units in Kinmen County Government.

3. In event an urgent requirement due to the military or economic development, the relevant department shall furnish the individual cadastral surveying application form to the Land Administration Bureau of Kinmen County.

4. In case any unregistered public land found during the process of cadastral management, which belongs to a specified unregistered land in the Farmland readjustment district that was invested by the Kinmen County Government initially (prior to the promulgation of “Regulations for Farmland Readjustment”), it shall be registered as lands owned by the County according to the land registration application presented by either Finance Bureau or another relevant competent authority in Kinmen County Government thereof.

5. Any cadastral surveyed and registered according to this Self-government Ordinance, it is allowable to adopt its original land category or to be free from additional assessment, unless otherwise specified belongs to the category of agricultural land, dry land, building site, or public thoroughfares that shall be verified and assessed based on its actual conditions.

While implementing the cadastral survey and land registration operations for unregistered lands, thereby, Land Administration Bureau of Kinmen County must produce the land re-survey result map and land re-survey result notification for the purpose of land registration via general registration procedure after approval.

This Self-government Ordinance shall commence and enter into force on the date of promulgation.