Compulsory Purchase & "Rapid Growth" in China and Japan

The effects of imposed rapid growth on daily life,and how citizens respond.

Outline

•What is Compulsory Purchase?

•The case of China

•The case of Japan

•Comparison and questions raised

•conclusions?

•discuss!

Compulsory Purchase and Rapid Growth in China

Souce: http://house.ifeng.com/news/special/chaiqian/

Urbanization Rate

Urbanizaiton: Rural vs Urban Population

Urbanization: Provinces and arearsChina’s eastern regions account for the highest rates of urbanization. Some provinces and municipalities, such as Guandong, Shanghai, Beijing have urbanizaiton rates between 63 and 89 per cent

Urbanization vs Agricultural Land

Souce: Http://bbs.english.sina.com/viewthread.php?tid=833608&extra=page%3D1

The Land Tenure System in China (Chan 2003)

● The Land Tenure System:● Since 1966, basically all land has belonged to the

people, represented by the government.● Private land ownership does not exit in China● The State owns all urban land, while farmer collectives

own all rural land● Land users may use the land and own the buildings and

improvements on it, but the sovereignty of the land remains in the hands of the State or farmer conllectives

● Compulsory land acquisition

Compensation Principals – Problems(Chan 2003)

● Compensation:

1. Compensation for the Acquisition of Farmland: (Based on

productivity)

2. Compensation for the Acquisition of Urban Properties: (based

on assessment of real estate)

● Problems: ● Just Terms Compensation Principle not in Place● Limited Consequential loss compensation● Interest in land undefined● Right to claim compensation not available● Problems with market value assessment● Non-uniform compensation standard and lack of transparent

Land Acquistion Compensation in China - Problems

● http://news.house365.com/gbk/whestate/system/2011/05/24/020035188.html

● http://news.cnwest.com/content/2007-03/22/content_465389.htm

Land Acquistion Compensation in China - Problems

http://house.focus.cn/news/2007-03-22/293727.htmlhttp://house.focus.cn/news/2007-03-22/293728.htmlhttp://house.focus.cn/news/2007-03-22/293737.html

Another side of the Story: Land Acquisiton and New Life

Souce: http://news.cnwest.com/content/2007-03/22/content_465389.htm

Case Studies – Shanghai:

● How do urbanization affects rural lives in China

● What is the story about urbanization in the rural/subaurban areas of Shanghai?

References

● Chan, N. (2003) Land acquisition compensation in China - Problems & answers. International Real Estate Review 6(1): 136-152

● Xu, Y., Tang, B-s. and Chan, E.H.W. (2011) State-led land requisition and transformation of rural villages in transitional China. Habitat International 35: 57-65

A typical village area in Shanghai

What it changes to….?

Picture from: http://bbs.sf-express.com/forum/forum.php?mod=viewthread&tid=317083&page=1

Urban resettlement housing districts

Pictures from: http://tieba.baidu.com/p/1262763326?fr=image_tieba http://photo.eastday.com/2011gqhd/20111214_7/

Semi-urbanized village

PHYSICAL CHANGE

SOCIAL CHANGE

■ Hukou: from agricultural to non-agricultural

■ The compensation: social security expense

Picture from: http://gov.eastday.com/shmj2011/node558/node559/u1a17499.html

zhenbao

chengbao

ECONOMIC CHANGE

■ Occupation: from farmer to no-agricultural job

■ Urban facilities: like supermarket, restaurant,…..

Picture from: http://www.xplus.com/papers/nykjb/20111222/n32.shtmlhttp://www.qdcaijing.com/node/news_qd/2010-12-5/101258591810171413.html

CULTURAL CHANGE

● Retaining most of their rural traditions

Pictures from: http://yz.cnnb.com.cn/system/2010/10/18/010023323.shtmlhttp://dhnews.zjol.com.cn/dhnews/system/2010/03/22/011949290.shtml

PROBLEMS

■ Self-identification: rural or urban?

■ Dingzihu

Pictures from: http://space.yoka.com/blog/2654509/5460061.htmlhttp://space.yoka.com/blog/2654509/5460061.html

● Xu, Y., Tang, B-s. and Chan, E.H.W. (2011) State-led land requisition and transformation of rural villages in transitional China. Habitat International 35: 57-65

References

Compulsory Purchase in JapanWeak Compulsory Purchase / Eminent Domain Laws in Japan

"In the United States, governments faced with insurmountable coordination problems and transaction costs might cut through them by exercising the power of eminent domain. Although Article 29 of the

Japanese Constitution authorizes the government to take private property in return for just compensation, the ability of the government to exercise that power is severely limited compared to the United States, both legally and normatively. It is limited legally because civil courts in Japan lack

the contempt power so they lack a means of enforcing their rulings. Therefore, unlike in the United States, in Japan courts cannot send armed agents of the state to enforce an eviction order.

More importantly, normatively, there is deep opposition to the exercise of the eminent domain power in Japan -- much deeper than in the U.S."

Source: Mark A. Edwards, "impediments to rebuilding in Japan" PropertyProf Blog http://lawprofessors.typepad.com/property/2011/04/property-law-impediments-to-rebuilding-in-japan.html

Nick Kaufmann

Compulsory Purchase in Japan"During the land acquisition, Mori Building (Roppongi Hills developer) had to offer unusually high inducements to existing land owners and in some cases offered replacement dwellings in the Roppongi Hills Residences, sacrificing the ability of the donated dwelling to generate any rental income at all."

"This is not to say that investing in Japan is all doom and gloom, in fact quite the opposite, at least in Tokyo anyway. Net yields of between 6-7% are not unheard of and real estate investments are often very fruitful ventures."

Comments:

"During the bubble many developers bypassed the law and used the yakuza to move people out. This was common enough for the word jiage to come into common usage to describe such people. Was it somewhere in the Roppongi are that one such person "accidentally" reversed a truck into an old persons house? Admittedly, that was a rare cases, but threatening visits to old people by burly people wearing sunglasses were not so uncommon." -gaijintraveller OCT. 20, 2010 - 09:09AM JST

SOURCE: "Eminent Domain laws in Japan notoriously weak" http://www.japantoday.com/category/commentary/view/eminent-domain-laws-in-japan-notoriously-weak

Narita Airport

source: http://www.deconcrete.org/2010/12/23/interrupted-dreams/

Chris Marker, Sans Soleil, 1983

"After years of protests by the public against the construction of Tokyo Narita Airport, it was ready to open on 26 March 1978 when a group armed with Molotov cocktails drove into the airport in a burning car, broke into the control tower and destroyed much of its equipment, causing approx. $500,000 in damages and delaying the opening by another two months".

http://criminalwisdom.com/post/15038833193/protest-against-the-construction-of-narita

Photo (1978) by Sadayuki Mikami.

Opening postponed 7 years due to protests(1971-1978)

photo: http://unofficialnetworks.com/traveling-japan-hakuba-71893/narita/stats source: Narita International Airport Corporation http://www.naa.jp/en/traffic/pdf/statistics2012.pdf

Since 21 May 1978...821,593,666 Passengers (790,329,987 on international flights)

23,132,319 t of Cargo (16,964,972 t exported) 146,406,815 kl of Fuel supplied

References & Further ReadingCriminal Wisdom. "Protest against the construction of Narita Airport."2011. http://criminalwisdom.com/post/15038833193/protest-against-the-construction-of-naritaNarita International Airport Corporation. 2012 Statistics. http://www.naa.jp/en/traffic/pdf/statistics2012.pdfGerman, Adam. "Eminent Domain laws in Japan notoriously weak" Japan Today. http://www.japantoday.com/category/commentary/view/eminent-domain-laws-in-japan-notoriously-weakMark A. Edwards. "impediments to rebuilding in Japan" PropertyProf Blog http://lawprofessors.typepad.com/property/2011/04/property-law-impediments-to-rebuilding-in-japan.html

Recommended:Sorensen, Andre. "post war reconstruction and rapid economic growth" in "The Making of Urban Japan" Nissan Institute / Routledge Japanese Studies Series. 2003

Ogawa, Shinsuke. "Summer in Narita" NIHON KAIHO SENSEN: SANRIZUKA NO NATSU

http://mubi.com/films/summer-in-naritaJourneyman pictures. "Narita Airport" Youtube http://www.youtube.com/watch?v=HPcG3vp7DJM

Compulsory Purchase: China vs. Japan

-Compulsory Purchase and Property Rightsstate ownership vs. individual ownership, contempt-powers vs. no contempt powers

-Public InterestHow to define? Utilitarian? How many people are housed? How many people are given new transport

options? Which segments of society benefit, which are sacrificed?

-JusticeEven if the goal is in public interest, is it reached justly or unjustly? criteria: public participation,

egalitarian, etc.

-ChangesHow do the forms of 'daily life' (Seikatsu, ?) change when change happens under compulsory

purchase. Abrupt vs. Gradual changes, change happening TO you not BY you.