Documents on Property: Judicial Opinions on Demolition, Relocation, and Compensation (III): Guest Editor's Introduction

• Published in: Chinese law and government 2011-05, Vol.44 (3), p.3-6
• Main Author: Rafferty, Stephen J.
• Format: Article
• Language: English
• ISSN: 0009-4609; 1944-7051
• DOI: 10.2753/CLG0009-4609440300

This third issue on demolition, relocation, and compensation includes translations of ten judicial opinions on demolition and compensation disputes. Some cases focus on interpretation of compensation agreements, which either demolition agents or holders of property rights attempt to void, circumvent, or renegotiate. In others, where no compensation agreement was reached, disputes tend to involve challenges to compensation plans ordered by administrative agencies with the plaintiffs usually dissatisfied holders of property rights. Procedural challenges are common in such cases, with appraiser qualifications, compliance with central, provincial, and local regulations and procedures, and the right to expropriate properties at issue under operative development plans coming under attack. In some cases, the appellate courts simply enforce the status quo and uphold compensation agreements or affirm administrative compensation decisions. In others, however, the courts either stretch statutory language or read it hyper-technically in arriving at what could be considered a just result.