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.

1. Compulsory Purchase & "Rapid
Growth" in China and Japan
The effects of imposed rapid growth on daily life,
and how citizens respond.

2. Outline
•What is Compulsory Purchase?
•The case of China
•The case of Japan
•Comparison and questions raised
•conclusions?
•discuss!

3. Compulsory Purchase and
Rapid Growth in China

4. Souce: http://house.ifeng.com/news/special/chaiqian/

5. Urbanization Rate

6. Urbanizaiton: Rural vs Urban
Population

7. Urbanization: Provinces and arears
China’s eastern regions account for the highest rates of urbanization. Some
provinces and municipalities, such as Guandong, Shanghai, Beijing have
urbanizaiton rates between 63 and 89 per cent

8. Urbanization vs Agricultural Land
Souce: Http://bbs.english.sina.com/viewthread.php?tid=833608&extra=page%3D1

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. 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. 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. 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. Another side of the Story: Land
Acquisiton and New Life
Souce: http://news.cnwest.com/content/2007-03/22/content_465389.htm

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. 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. 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. PHYSICAL CHANGE
Urban resettlement housing districts
Semi-urbanized village
Pictures from: http://tieba.baidu.com/p/1262763326?fr=image_tieba
http://photo.eastday.com/2011gqhd/20111214_7/

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. ECONOMIC CHANGE
■ Occupation: from farmer to no-agricultural job
■ Urban facilities: like supermarket, restaurant,
…..
Picture from: http://www.xplus.com/papers/nykjb/20111222/n32.shtml
http://www.qdcaijing.com/node/news_qd/2010-12-5/101258591810171413.html

20. CULTURAL CHANGE
● Retaining most of their rural traditions
Pictures from: http://yz.cnnb.com.cn/system/2010/10/18/010023323.shtml
http://dhnews.zjol.com.cn/dhnews/system/2010/03/22/011949290.shtml

21. PROBLEMS
■ Self-identification: rural or urban?
■ Dingzihu
Pictures from: http://space.yoka.com/blog/2654509/5460061.html
http://space.yoka.com/blog/2654509/5460061.html

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. 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 just
compensation, 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 eminent
domain 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. Compulsory Purchase in Japan
"During the land acquisition, Mori Building (Roppongi Hills developer) had to offer unusually high
inducements to existing land owners and in some cases offered replacement dwellings in the Roppongi
Hills 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 in
Tokyo anyway. Net yields of between 6-7% are not unheard of and real estate investments are often
very fruitful ventures."
Comments:
"During the bubble many developers bypassed the law and used the yakuza to move people out. This
was common enough for the word jiage to come into common usage to describe such people. Was it
somewhere in the Roppongi are that one such person "accidentally" reversed a truck into an old persons
house? Admittedly, that was a rare cases, but threatening visits to old people by burly people wearing
sunglasses were not so uncommon." -gaijintraveller OCT. 20, 2010 - 09:09AM JST
SOURCE: "Eminent Domain laws in Japan notoriously weak" http://www.japantoday.
com/category/commentary/view/eminent-domain-laws-in-japan-notoriously-weak

25. Narita Airport
source: http://www.deconcrete.org/2010/12/23/interrupted-dreams/

26. Chris Marker, Sans Soleil, 1983
Opening 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. 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. References & Further Reading
Criminal Wisdom. "Protest against the construction of Narita Airport."2011. http://criminalwisdom.
com/post/15038833193/protest-against-the-construction-of-narita
Narita International Airport Corporation. 2012 Statistics. http://www.naa.jp/en/traffic/pdf/statistics2012.
pdf
German, Adam. "Eminent Domain laws in Japan notoriously weak" Japan Today. http://www.
japantoday.com/category/commentary/view/eminent-domain-laws-in-japan-notoriously-weak
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
Recommended:
Sorensen, Andre. "post war reconstruction and rapid economic growth" in "The Making of Urban
Japan" Nissan Institute / Routledge Japanese Studies Series. 2003
Ogawa, Shinsuke. "Summer in Narita" NIHON KAIHO SENSEN: SANRIZUKA NO NATSU
http://mubi.com/films/summer-in-narita
Journeyman pictures. "Narita Airport" Youtube http://www.youtube.com/watch?v=HPcG3vp7DJM

29. Compulsory Purchase:
China vs. Japan
-Compulsory Purchase and Property Rights
state ownership vs. individual ownership, contempt-powers vs. no contempt powers
-Public Interest
How 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.