(2) The Land Readjustment Project implementer, or designated person, has informed the land owner in writing reasonably well in advance, but not less than seven days beforehand; but in circumstances where it is not possible to contact the land owner, a written notice must be posted at the place where the land is located, at the district office, at the sub-district office and the office of the village head of the locality in which the land is situated, such notice to be posted continuously for a period of not less than fifteen days, and in which notice must be contained information as to the date, time and activity to be undertaken.
In the event that any action taken pursuant to this Section causes damage to the land owners or other right holders, those persons shall be entitled to demand compensation from the Land Readjustment Project; and if no agreement can be reached as to the amount of compensation, the Provincial Committee shall determine the amount of compensation in accordance with criteria as provided for by the Land Readjustment Committee.
Section 60 During implementation of the Land Readjustment Project, the land owner shall not be permitted to file an application for registration of any rights or legal acts that require delineation of the land, except in those cases where the approval of the Provincial Committee has been obtained.
Section 61 As to the appraisal of property in the implementation of Land Readjustment Project, the Land Readjustment Project Advisory Board shall arrange for the appointment of experts in relation to the appraisal of land, in order that the results of appraisal of land can be used in the computation for finding out average value.
The qualifications, numbers of experts in relation to the appraisal of land, and the criteria to be used in appraising land pursuant to Paragraph One above, shall be as determined by the Committee.
Section 62 The appraisal of land plots of each original land owner shall be used as the basis for determining the new plots of land that such owners shall be entitled to. The price of a new plot of land that such an owner shall receive at the time the Land Readjustment Project is completed shall not be less than the original price that has been used as the basis, provided that the consent of the owner of the land has been obtained.
Section 63 The new plot of land that is allocated to an owner of land in the Land Readjustment Project must have an environment, location, plot configuration and land utilization that are similar to the original plot of land.
Section 64 The new plots of land that have been readjusted must not be so small as to reduce the quality of life or cause harm to the environment.
What size is to constitute the smallest permissible plot of land shall be determined according to criteria as established in the ministerial regulation.
If an owner of land has title to a plot of land that is originally smaller than what has been established in the ministerial regulation pursuant to Paragraph Two above, such owner may not be allocated a new plot of land if to do so would be extremely unjust to other owners of land, in the event that the said owner of land was apportioned a plot of land under the Land Readjustment Project. However, any refusal to apportion land under such circumstances must be with the approval of the Provincial Committee.
In the event that an owner of land as referred to in Paragraph Three is not allocated a new plot of land, such owner of land shall be entitled to opt for a condominium unit in a condominium building to be built on the land, which is of similar value to the land; or such owner of land may receive monetary compensation therefor. When providing monetary compensation, over and above the value of the land for which compensation is paid, compensation must also cover costs to be incurred in relocating to another place of habitation, as well as the psychological effects of losing one’s property and original way of life.
The owner of land may initially accept monetary compensation as provided for in Paragraph Four above, and still reserve the right to appeal to the Committee. The decision of the Committee shall be final.
Section 65 An owner of land might not be allocated a new plot of land if an agreement to that effect has been entered into with the owner of land.
Section 66 Leaseholding rights or other rights in rem as vested in the original plot of land or condominium building shall be deemed to have been transferred and constitute new leaseholding rights or other rights in rem in the land or new condominium building from the time of implementation of the land or condominium readjustment; and in those instances where there is documentary evidence in the form of registration, the competent authority shall correct the registration accordingly.
Section 67 Where the results of land or condominium readjustment are not in line with the objectives of leasing of land or condominiums, or with the purpose of exercising of the rights over the land plot before readjustment, the leaseholder of the land or condominium, or the right holder over the land, may terminate the lease of or cancel the rights over the land. In this regard, the leaseholder or right holder shall be entitled to a refund of money that has been spent in executing the said lease agreement, or agreement to exercise the right over the land, with such refund to come from the Land Readjustment Project implementer, pursuant to criteria and procedures as stipulated in the ministerial regulation.
Section 68 All expenses incurred in the Land Readjustment shall be proportionally shared by the owners of land. On the part of land or buildings which become property belonging to the state, the state shall also assist in paying for expenses incurred.
The additional benefits that accrue from the implementation of Land Readjustment Project shall be proportionately given to the land owners in the Land Readjustment Project area, the Land Readjustment Project implementer, and joint investors, with fairness to all parties.
Section 69 There shall be no compensation among the parties involved in Land Readjustment if, pursuant to the Land Readjustment Project, all the owners of land involved in the project have received land the value of which has increased or decreased in equal proportions; but if the value of land has increased or decreased in unequal proportions, the party that has benefited in a greater proportion, or has received land of higher value, as the case may be, shall compensate the Land Readjustment Project in an amount equivalent to the difference between the original value of the land and the benefit that the party has obtained; and the person that has, proportionally, benefited less or has received land of lesser value, shall be entitled to receive compensation from the Land Readjustment Project.
Payment of compensation according to the difference which has increased or receipt of compensation from the Land Readjustment Project, shall be in accordance with criteria and procedures as set out in the ministerial regulation.
Section 70 When all construction works and the physical implementation of Land Readjustment Project have been completed, or nearly completed, the Land Readjustment Project implementer and Land Readjustment Project Advisory Board shall come to an agreement on determination of the new land plots after the Land Readjustment and the amounts of compensation, together with the views of all the land owners, and present the whole for approval by the Provincial Committee.
After the Provincial Committee gives its approval, the competent authority shall, for a period of not less than fifteen days, openly post an announcement on the new land plots planning after the Land Readjustment and the amounts of compensation at the office of the local administrative office and at a place where it is clearly visible within the Land Readjustment Project area, in order that interested persons may examine the announcement. Owners of land shall also be notified by registered mail on the day that the announcement is posted, and the Land Readjustment Project implementer shall be responsible for expenses incurred in the said undertaking.