In the MRT land development project, how are the rights and interests distributed between the landowner and the investor?
1.Based on Article 7 of the Mass Rapid Transit Act as amended on June 28, 2023, the "Incentive Measures for Negotiated Purchase of Land Required for the Development of the Mass Rapid Transit System in Taipei Metropolitan Area" as amended on December 9, 2019, and the "Principles for the Transfer of Rights and Interests in the Land Development of the Mass Rapid Transit System in Taipei Metropolitan Area" promulgated by the Taipei City Government. 2.The MRT authority and the investor will jointly entrust the association to conduct an assessment of the total value of the development building and the construction costs as the basis for distribution to the various stakeholders; and the method of distribution of rights and interests between the landowners and investors is roughly explained as follows: (1)The distributable value between the landowner and the investor refers to the total value of the development building minus the value of the bonus floor area ratio obtained by the competent authority. (2)The investor's equity conversion value refers to the value of the investor's investment and development costs that can be used as the allocation of location rights, which includes the construction cost, investment tax and management fees, and expected profits, but it should deduct the construction costs paid by the competent authority. (3)The distributable value of the landowner participating in the development project that can be used to allocate the location should be the difference between the total distributable value (as defined in item 1) and the investor's equity conversion value (as defined in item 2). 3.However, if there is a separate agreement between the landowner and the investor, or there are separate provisions in the laws and regulations related to urban planning, such agreement or provisions shall prevail.
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