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Copyright (c) 2010 University of the Pacific, McGeorge School of Law
Pacific McGeorge Global Business & Development Law Journal

Comment: Land Seizures in The People's Republic of China: Protecting Property While Encouraging Economic Development

2010

Pacific McGeorge Global Business & Development Law Journal

22 Pac. McGeorge Global Bus. & Dev. L.J. 355

Author

Jarrett Noble*

Excerpt



I. Introduction
 
In early November 2006, thousands of Chinese villagers barricaded foreign businessmen and Chinese government officials in a warehouse they claimed had "been built on illegally seized land," 1 which had been "grabbed by officials and sold off to developers." 2 This is one of numerous incidents of Chinese civil unrest because of land seizures. 3

As the rate of urbanization increases, 4 land expropriation via government condemnation actions has also risen to meet the demand for land to develop. 5 This increased demand for land has made land conflicts the top source of unrest among rural Chinese, 6 resulting in 17,900 cases of "massive rural incidents" in which a total of 385,000 farmers protested against the government. 7 Of these, "approximately 80 percent of these incidents were related to illegal land-takings." 8

This civil unrest is occurring in a country trying to establish a free-market economy and striving to sustain long-term economic growth. 9 In an effort to secure property rights and provide a framework for property transactions, China enacted a Property Law in March of 2007 entitled Wuquan Fa, 10 an incredibly broad and comprehensive legislation. 11

This law attempts to provide rules and regulations on all aspects of property rights, however certain areas of the Property Law were omitted to be resolved at a later date. 12 Specifically, the Property Law failed to denote what constitutes a public purpose for actions of eminent domain and the amount of compensation the displaced people are ...
 
 
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