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Bulldozing Homes to Build Shopping Malls: The Chinese Takings Law Revisited from a Comparative Perspective Chenglin Liu.


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Bulldozing Homes to Build Shopping Malls: The Chinese Takings Law Revisited from a Comparative Perspective Chenglin Liu LL.M (China), LL.M (Sweden), LL.M, MS, JSD (U.S.) University of Houston Law Center September 23, 2006 Boulder, Colorado Eminent Domain
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Bulldozing Homes to Build Shopping Malls: The Chinese Takings Law Revisited from a Comparative Perspective Chenglin Liu LL.M (China), LL.M (Sweden), LL.M, MS, JSD (U.S.) University of Houston Law Center September 23, 2006 Boulder, Colorado

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Eminent Domain Eminent Domain is the sovereign's force to take property for “public use” without owner’s assent. Holdout issue The Takings Law: No private property should be taken for open utilization without just pay Article 13 of the Constitution of China (2004): The legitimate private property of nationals may not be infringed upon. By law, the state secures citizens’ rights to possess private property and the rights to acquire private property. The state might, for people in general intrigue, seize or assume control citizens’ private property for open utilize, and pay as per law. Three components of takings law: Public Use Compensation Due procedure

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Transformation of Urban Housing Ownership: private, open and private again Prior to 1949: Private Ownership (land and lodging) 1950-1990: Public Ownership (land and lodging ) 1990-present: Apartments are possessed by private proprietors. Land underneath flats is claimed by the administration. Private proprietors can buy area utilization rights for a long time.

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Property principle, risk guideline and exchange costs AC, TC $ AC (Administrative expenses for upholding famous space, or called “due process costs.”) Number of Sellers Thin Market X Thick Market

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AC, TC $ AC (Administrative expenses for implementing prominent area, or called “due process costs.”) Number of Sellers Thin Market X1 Thick Market

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AC, TC $ AC (Administrative expenses for authorizing famous space, or called “due process costs.”) Number of Sellers Thin Market X2 Thick Market

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AC, TC $ AC (Administrative expenses for implementing famous space, or called “due process costs.”) Number of Sellers Thin Market X3 Thick Market

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AC, TC $ AC (Administrative expenses for authorizing prominent area, or called “due process costs.”) Number of Sellers Thin Market X3 Thick Market

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Singapore The “Takings Clause” was erased from the Singaporean Constitution in 1965 No individual should be denied of property recovery as per the law; No law might accommodate the mandatory securing or utilization of property without sufficient remuneration. Mr. Lee made his perspective unequivocally: We have particularly embarked to reject [Article 13]…Once we delineate that no law might accommodate the mandatory procurement or utilization of property without satisfactory pay, we open the entryway for suit and at last for mediation by the Court on what is or is not sufficient pay.

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Administrative Costs Compared 1

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United States China or Singapore P TC AC in U.S. Air conditioning in China or Singapore Q TNM TKM TNM TKM TNM: dainty business sector; TKM: thick market Gray triangles: government force of famous space Administrative Costs Compared 2

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Progress and Challenges Progress From Lawless hardship to Constitutional Guarantee From Confiscation to Takings with Compensation Challenges Public Us