Processes Landowners Can Use Request for a Filing for a Ruling / Request for Payment of Compensation

“Request for a filing for a ruling” is a process by which a landowner can request that the public works operator file with the Expropriation Commission for a ruling.

Besides landowners, relevant parties who hold the rights to the subject property, excluding attaching creditors, provisional attaching creditors, and those who hold a statutory lien, pledge, or mortgage, can request that the public works operator file with the Expropriation Commission for a ruling. (Article 39 of the Compulsory Purchase of Land Act (“Act”) and Article 15-2 of the Regulations for Enforcement of the Compulsory Purchase of Land Act (“Regulations”))

When a public works operator receives this request, it must file within two weeks with the Expropriation Commission for a ruling. If the operator fails to do so the Commission shall make a ruling that imposes a monetary penalty. (Article 90-4 of the Act) This could indirectly force the operator to file for a ruling.

“Request for payment of compensation” is a process by which a rights holder can receive compensation from the public works operator at an early stage.

Besides landowners, relevant parties who hold the rights to the subject property, excluding attaching creditors, provisional attaching creditors, and those who hold a statutory lien, pledge, or mortgage, can request the public works operator for payment of compensation.

If the public works operator has not filed with the Expropriation Commission for a ruling, the request for payment of compensation must be made together with the request for a filing for a ruling. (Article 46-2 of the Act and Article 17-4 of the Regulations)

When a public works operator receives a request for payment of compensation, it must pay its estimated amount of compensation within two months, or within a week after the decision to begin ruling proceedings has been recorded on the property register, whichever comes later. (Article 46-4 of the Act and Article 17-5 of the Regulations)

If the public works operator fails to pay by the due date, the Expropriation Commission shall make a ruling on penalty fees (interest) for delayed payment. (Article 90-3 of the Act) This could indirectly force the operator to pay compensation.

No fee is required for these requests.