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1、Chinas Land Acquisition Law and its impacts?,Tej Kumar Karki Lecturer at XJT:U,Planning law and Governance,Individual Essay I Planning Law,Review the urban land acquisition law of China and critically evaluate its strengths and weaknesses. While doing so, draw evidences and examples from detailed ca
2、se studies of at least two urban land acquisition projects implemented in Chinese cities. Outline and Marking Scheme Urban land development challenges (10) Land acquisition law of China (10) Case studies (30) Strengths and weaknesses of the law (30) Conclusions and policy implications 10 References
3、10,Instructions,Total marks available for Individual Essay I is 100 (50% of the final mark). Only answers in English are accepted Coursework must be submitted by November 1, 2013 in the assignment drop-in box no later than 3.00 p.m.,Instructions,Failure to do so will be penalized as per the Universi
4、tys policy. Both hard and digital copies should be submitted before the deadline. The word limit for the Essay is 2,000 words and the essays should be written in A4 format.,Marking criteria,Plagiarism,Plagiarism,Land requirement,Fast urbanization demands land for employment placement, housing, and u
5、rban infrastructure.,New urban residents projected,Net 1015 million new urban residents annually (Ding, 2004b).,Growth of number of cities in China,(Li, Zhou ,(China Statistical Yearbook 1996 and 2000),Purpose of land requirement,Infrastructure projects Urban renewal Housing development Reform of st
6、ate-owned-enterprises are taking place at an unprecedented pace and scale.,Every year 4 million farmers expropriated,Land Use Rights (LURs),Leasing of public-owned-land in the cities and towns by local governments to users. Users can then sell, rent, mortgage, sublease to third parties. The users ar
7、e required to pay up-front land conveyance fees that depend upon leasing periods and land use intensity (Ding, 2003),Land acquisition is the other option,1) conversion of rural collectively-owned land to state-owned land shall take place 2) Institutionalizing powers of local governments so that they
8、 can, at low cost, expropriate land from farmers and then sell it to developers at much higher prices,Local government earn money for urban development,Through this process of acquisition and leasing, local governments are able to assemble large amounts of cash needed to finance urban development.,F
9、orced to sell,Article 10 of the Chinese Constitution states that the state may, in the public interest, requisition land for its use in accordance with the law.“ Eminent Domain (ED): “Zhengdi”,Regulation of PropertyTaking and Compensation on State-Owned Land in January 2011,Government has the obliga
10、tion to fairly compensate relocated residents, with a required open information and public participation process. A court hearing will be available for any conflict arising during the relocation process and the government no Longer has the right to evict residents without a court order (Ye, 2011). L
11、ocal governments, on the one hand, have to follow these regulations.,(Chen, 2008)Chen, J. (2008). Chinas Ding Zi Hu, The United States Kelo, and Singapores Enbloc Process: A New Model for Economic Development Eminent Domain from a given Perspective. Journal of Land Use, 24(1).,In 2004, Article 13 of
12、 the Chinese Constitution was amended to give constitutional protection to private property rights It provides that “the state may, for the public interest, expropriate or take over private property of citizens for public use, and pay compensation in accordance with the law.” This protection is also
13、 echoed in Article 2 of the Land Administration Law, which was amended after the aforementioned constitutional amendment A comparison with the language of the Fifth Amendment of the United States Constitution, “nor shall private property be taken for public use, without just compensation,”,Chinese C
14、onstitution merely mentions compensation without any requirement that it be just.,2007 enactment and implementation of the Property Law, which provides in Article 42 that: “it is necessary to make compensation for demolishment and relocation according to law and safeguard the legitimate rights and i
15、nterests of the owners of the real properties expropriated as for the expropriation of the individuals residential houses, it is necessary to safeguard the housing conditions of the owners of the houses expropriated.” For urban housing, the legal requirement is that the acquiring party must negotiat
16、e with the property owner to reach an agreement as to the amount of compensation, location of replacement housing, and other relevant matters.,Weakness in the provision,However, this notion is easily dispelled by the provision, which allows the acquiring party to simply apply for an administrative determination regarding the acquisition and then proceed with the acquisition when no private agreement can be reached with the property owner. What is revealing is that after the administrative dete
