China's top legislature amended a real estate management law
Thursday, allowing the government to expropriate institutional and
private houses on state-owned land for public interests.
The Standing Committee of the National People's Congress (NPC)
voted at its legislative session that ended on Thursday to add one
clause to the General Principles of the Law on the Management of
Urban Real Estate, which allows the expropriation for public
interests while demanding compensation to owners.
The new clause also underscores that the legal rights of the
owners must be protected and residence conditions of private owners
after resettlement must be guaranteed.
The top legislature authorized the State Council, or the
cabinet, to make administrative regulations on such expropriation
to ensure the smooth implementation of the Property Law that was
enacted in March and is to go into force on October 1.
Currently, there is no law defining the rights and procedure for
the expropriation of institutional and private real estate, while
the existing "Provisions on the Management on the Removal of Urban
Houses" issued by the State Council in 2001 is not accordant with
the Property Law.
The amendment conforms with the First Clause of the 42nd Article
of the Property Law, which says land belonging to institutions and
houses and other real estate belonging to institutions and
individuals can be expropriated for public interests, within the
limits of rights and procedure defined by law.
(Xinhua News Agency August 31, 2007)
