Cities & social change in east asia compulsory purchase land rec. presentation (2)

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comparison of compulsory purchase and rapid growth state supported development in Japan and China and the responses of citizens. also the changes to their daily lives to to rapid urban change.

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Cities & social change in east asia compulsory purchase land rec. presentation (2)

  1. 1. Compulsory Purchase & "Rapid Growth" in China and JapanThe effects of imposed rapid growth on daily life, and how citizens respond.
  2. 2. Outline •What is Compulsory Purchase? •The case of China •The case of Japan•Comparison and questions raised •conclusions? •discuss!
  3. 3. Compulsory Purchase and Rapid Growth in China
  4. 4. Souce: http://house.ifeng.com/news/special/chaiqian/
  5. 5. Urbanization Rate
  6. 6. Urbanizaiton: Rural vs Urban Population
  7. 7. Urbanization: Provinces and arearsChina’s eastern regions account for the highest rates of urbanization. Someprovinces and municipalities, such as Guandong, Shanghai, Beijing haveurbanizaiton rates between 63 and 89 per cent
  8. 8. Urbanization vs Agricultural LandSouce: Http://bbs.english.sina.com/viewthread.php?tid=833608&extra=page%3D1
  9. 9. 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
  10. 10. 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
  11. 11. 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
  12. 12. Land Acquistion Compensation in China - Problems http://house.focus.cn/news/2007-03-22/293727.html http://house.focus.cn/news/2007-03-22/293728.html http://house.focus.cn/news/2007-03-22/293737.html
  13. 13. Another side of the Story: Land Acquisiton and New Life Souce: http://news.cnwest.com/content/2007-03/22/content_465389.htm
  14. 14. Case Studies – Shanghai:● How do urbanization affects rural lives in China● What is the story about urbanization in the rural/subaurban areas of Shanghai?
  15. 15. 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
  16. 16. 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
  17. 17. PHYSICAL CHANGEUrban resettlement housing districts Semi-urbanized villagePictures from: http://tieba.baidu.com/p/1262763326?fr=image_tiebahttp://photo.eastday.com/2011gqhd/20111214_7/
  18. 18. SOCIAL CHANGE■ Hukou: from agricultural to non-agricultural■ The compensation: social security expense chengbao zhenbao Picture from: http://gov.eastday.com/shmj2011/node558/node559/u1a17499.html
  19. 19. 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
  20. 20. CULTURAL CHANGE● Retaining most of their rural traditionsPictures from: http://yz.cnnb.com.cn/system/2010/10/18/010023323.shtmlhttp://dhnews.zjol.com.cn/dhnews/system/2010/03/22/011949290.shtml
  21. 21. PROBLEMS■ Self-identification: rural or urban?■ DingzihuPictures from: http://space.yoka.com/blog/2654509/5460061.htmlhttp://space.yoka.com/blog/2654509/5460061.html
  22. 22. References● 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
  23. 23. Nick Kaufmann Compulsory Purchase in Japan Weak 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 justcompensation, 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 eminentdomain 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
  24. 24. Compulsory Purchase in Japan"During the land acquisition, Mori Building (Roppongi Hills developer) had to offer unusually highinducements to existing land owners and in some cases offered replacement dwellings in the RoppongiHills 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 inTokyo anyway. Net yields of between 6-7% are not unheard of and real estate investments are oftenvery fruitful ventures."Comments:"During the bubble many developers bypassed the law and used the yakuza to move people out. Thiswas common enough for the word jiage to come into common usage to describe such people. Was itsomewhere in the Roppongi are that one such person "accidentally" reversed a truck into an old personshouse? Admittedly, that was a rare cases, but threatening visits to old people by burly people wearingsunglasses were not so uncommon." -gaijintraveller OCT. 20, 2010 - 09:09AM JSTSOURCE: "Eminent Domain laws in Japan notoriously weak" http://www.japantoday.com/category/commentary/view/eminent-domain-laws-in-japan-notoriously-weak
  25. 25. Narita Airportsource: http://www.deconcrete.org/2010/12/23/interrupted-dreams/
  26. 26. Chris Marker, Sans Soleil, 1983Opening postponed 7 years due to protests (1971-1978) "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.
  27. 27. 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 photo: http://unofficialnetworks.com/traveling-japan-hakuba-71893/narita/ stats source: Narita International Airport Corporation http://www.naa. jp/en/traffic/pdf/statistics2012.pdf
  28. 28. 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.htmlRecommended:Sorensen, Andre. "post war reconstruction and rapid economic growth" in "The Making of UrbanJapan" Nissan Institute / Routledge Japanese Studies Series. 2003Ogawa, 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
  29. 29. Compulsory Purchase: China vs. Japan -Compulsory Purchase and Property Rights state 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? -Justice Even if the goal is in public interest, is it reached justly or unjustly? criteria: public participation, egalitarian, etc. -Changes How 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.

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