Eminent domain means that the government takes constitutionally protected private property for public use according to legal procedure. Such expropriation and its procedural law must meet the principle of proportionality (Verhältnismäßigkeitsprinzip), and fair compensation must be paid within a reasonable period. Before compensation is delivered or legally deposited, the owner of the condemned property still holds the title of the property. However, eminent domain, for said owner, is a special sacrifice for the public interest, so the delivery of compensation should not be delayed too long. Based on this intent, Article 233 of the Land Act stipulates that compensation must be paid within 15 days after the expiration of the post period. This legally preset period must be strictly abided by (See Interpretation No. 110), unless the property owner disagrees with the compensation, and submits his petition legally to the land authority concerned within the post period, and the authority concerned submits it for an appraisal decision, or appraisal meeting, or the property owner agrees to the delayed delivery. The Supplemental Regulations on Law of Eminent Domain (T. N. T. No. 661991, Ministry of the Interior, January 5, 1989) are stipulated by the authority concerned based on its authority to enforce the Land Act. Article 16 of the Regulations, which provides that "in taking private property, due to the request of interpretation of law, at the interim period, if the government does not deliver the compensation at the end of the post, it will not be considered an invalid expropriation" does not accord fully with the intent of Article 233 of the Land Act and violates the intent of the constitutional protection of private property. Those portions of said Regulations, which do not accord with the intent of this Interpretation, shall no longer be applied.

　　　 Eminent domain means that the government takes constitutionally protected private property for public use according to legal procedure. Such expropriation and its procedural law must meet the principle of proportionality (Verhältnismäßigkeitsprinzip), and fair compensation must be paid within a reasonable period, and it will then accord with the intent of constitutional protection of private property.　 　　This issue was interpreted by this Yuan before in Interpretation No. 400. The first sentences of Article 235 and Article 231 of the Land Act provide that "the rights and duties of the owner of the condemned property to his land will continue until such compensation be paid in full, and before compensation is paid in full, said property owner has the right to continue to use his land," and "the public facility provider should not enter the condemned land to begin work until the land price and other compensation are paid in full," and they express that the title change of the condemned property would not be effectuated until compensation is paid in full. However, eminent domain, for the owner of the condemned property, is a special sacrifice for the public interest, so the delivery of compensation should not be delayed too long. Based on this intent, the first sentence of Article 233 of the Land Act stipulates that such condemned land price and other compensation must be paid within 15 days after the expiration of the post period. This legally preset period must be strictly abided by, and it was interpreted in the second paragraph of the holding of Interpretation No. 110 of this Yuan, which holds: if the public facility provider does not submit the payment of the land price and other compensation to the land authority concerned and the authority then delivers it to the property owner within 15 days after the expiration of the post period, according to Interpretation No. 2704 of this Yuan, such eminent domain case would be void thereafter; however, at the post period, if the property owner disagrees with the appraisal of compensation, and the municipal land authority concerned legally submits it to the Standard Land Price Appraisal Commission for an appraisal decision, or the property owner agrees to the delayed delivery, then the expropriation case would not be considered void.　　 　Therefore, the delay of delivery of compensation is a per se infringement of private property rights, unless the property owner disagrees with the compensation, and submits his petition legally to the land authority concerned within the post period, and the authority concerned submits it for an appraisal decision, or appraisal meeting, or the property owner agrees to the delayed delivery. The administrative agency, based on its authority to enforce the law, can stipulate orders to complement the law, but their content must accord with the intent of the law. Article 16 of the Supplemental Regulations on Law of Eminent Domain (T. N. T. No. 661991, Ministry of the Interior, January 5, 1989), which provides that "in taking private property, due to the request of the interpretation of law, at the interim period, if the government does not deliver the compensation at the end of the post, it will not be considered an invalid expropriation" does not accord fully with the intent of Article 233 of the Land Act and violates the intent of protection of private property of Article 15 of the Constitution. Those portions of said Regulations which do not accord with the intent of this Interpretation shall no longer be applied.