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Why do they respect private property more in China

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2seaoat



I do not get something I just saw on MSN website:

http://now.msn.com/nail-houses-around-the-world-photo-gallery

They show private property where owners refused to sell and development was built around the owners. I expected to see that in a capitalist society where private property is protected in constitutions, but in a communist society, there should be no private property. So if China is a communist country......why would they allow one privately owned house to block a road, or development......I am befuddled by what they presented.

In America.....the local commisar and his governmental board will decide they want to "take" your property.....and offer usually pennies on the dollar. It just seems odd to see so many examples of private land holders holding on when the general view of communism is that there is no private property, or rights in private property.

Nekochan

Nekochan

In China, all land is owned by the government. Citizens can lease land and build a privately owned house on it.

In the cases in your link, the homeowners must still own the land lease. I am not sure why the government would allow them to keep their house in the middle of a road, though. The land, itself, is actually owned by the government.

I do know that in Japan, landowners have more rights than landowners seem to have in the US. It takes decades to build a new road in Japan because of fights with the landowners.

Nekochan

Nekochan

More about the nail house in the road....it will probably not be there for long. The road hasn't opened yet. When the government gets ready to open it, the house will be destroyed.

http://www.thestar.com/news/world/article/1291912--the-story-behind-the-nail-house-sticking-up-in-the-middle-of-a-new-highway-in-china

Markle

Markle

2seaoat wrote:I do not get something I just saw on MSN website:

http://now.msn.com/nail-houses-around-the-world-photo-gallery

They show private property where owners refused to sell and development was built around the owners. I expected to see that in a capitalist society where private property is protected in constitutions, but in a communist society, there should be no private property. So if China is a communist country......why would they allow one privately owned house to block a road, or development......I am befuddled by what they presented.

In America.....the local commisar and his governmental board will decide they want to "take" your property.....and offer usually pennies on the dollar. It just seems odd to see so many examples of private land holders holding on when the general view of communism is that there is no private property, or rights in private property.

This one is more recent in China. Here China has built a highway around a house.
Why do they respect private property more in China HomeinHighwayJapan-1

http://www.cbsnews.com/8301-202_162-57553658/china-builds-road-right-around-nail-house-as-owner-luo-baogen-refuses-to-sell/

I have no clue what the property laws are in China. Obviously they are different than what we believe.

Eminent Domain is vital to America but has been abused. For centuries it was used for gas lines, utilities, highways, roads, airports and other public needs.

A city or community could determine a "blighted" are and use eminent domain to seize run down areas. Necessary for many abandoned properties in big cities.

Then some local communities discovered a loophole in the law. THEY could define what is "blighted" and seize property, turning it over to developers which then developed and, of course, PROPERTY TAXES skyrocketed. Sadly, a few years ago, the U.S. Supreme Court ruled that was Constitutional. Since then, Florida is one such state, many states have passed laws prohibiting that use of eminent domain.

I have some experience in eminent domain in our area (Tallahassee) and several other areas of Florida. My experience has always been, without exception, that the government offered and paid far more than the actual market value of the property. There is a simple reason for this which is understandable.

IF, the government needs to seize your property to widen a highway, they will notify you months, even years in advance. As the time draws nearer, they will have hearing after hearing. Once the plan is approved they will appraise each property and make a written offer to the owner.

IF the property owner refuses the offer, and cannot come to terms with the government, the GOVERNMENT must pay all the legal fees and court costs for the owner to take the issue to court for a determination of the value. Once that value is established by the jury, the owner has no option but to sell for that price.

Obviously, in the vast majority of cases, the government has no interest in going to all that expense but would rather settle quickly and easily and with no hard feelings. It doesn't always work.



Last edited by Markle on 11/28/2012, 11:19 pm; edited 1 time in total

TEOTWAWKI

TEOTWAWKI

http://www.offthegridnews.com/2012/04/02/eminent-domain-roswell-georgia-and-the-%E2%80%9Cchicken-man%E2%80%9D/

ROSWELL, GA – Andrew Wordes, known around Roswell as the “chicken man,” died in his home this past weekend when it exploded. Wordes had spent years fighting for the right to continue raising chickens on his property. Some say the tragedy was the result of one man’s refusal to obey city ordinances; others believe this was just another case of a municipality making a shameless grab for a private citizen’s land through eminent domain.

Markle

Markle

TEOTWAWKI wrote:http://www.offthegridnews.com/2012/04/02/eminent-domain-roswell-georgia-and-the-%E2%80%9Cchicken-man%E2%80%9D/

ROSWELL, GA – Andrew Wordes, known around Roswell as the “chicken man,” died in his home this past weekend when it exploded. Wordes had spent years fighting for the right to continue raising chickens on his property. Some say the tragedy was the result of one man’s refusal to obey city ordinances; others believe this was just another case of a municipality making a shameless grab for a private citizen’s land through eminent domain.

Sounds more like personalities and male egos got involved more than eminent domain.

The park was part of a growth management plan which may not have come to fruition for 20 years. It served to put people on notice of what MIGHT be coming in the future. It sounds like he was attempting to up the ante and booby trap his house when oops....

TEOTWAWKI

TEOTWAWKI

Markle wrote:
TEOTWAWKI wrote:http://www.offthegridnews.com/2012/04/02/eminent-domain-roswell-georgia-and-the-%E2%80%9Cchicken-man%E2%80%9D/

ROSWELL, GA – Andrew Wordes, known around Roswell as the “chicken man,” died in his home this past weekend when it exploded. Wordes had spent years fighting for the right to continue raising chickens on his property. Some say the tragedy was the result of one man’s refusal to obey city ordinances; others believe this was just another case of a municipality making a shameless grab for a private citizen’s land through eminent domain.

Sounds more like personalities and male egos got involved more than eminent domain.

The park was part of a growth management plan which may not have come to fruition for 20 years. It served to put people on notice of what MIGHT be coming in the future. It sounds like he was attempting to up the ante and booby trap his house when oops....

yeah it's always the victims fault.....the davidians set themselves on fire...but wait new evidence leaked out that they were burned out by the government....

http://www.washingtonpost.com/wp-srv/national/daily/aug99/davidians26.htm

The FBI yesterday reversed a six-year-old position that it never used munitions capable of sparking the blaze that ended a standoff with the Branch Davidian sect near Waco, Tex., and left 76 people dead.

Markle

Markle

TEOTWAWKI wrote:
Markle wrote:
TEOTWAWKI wrote:http://www.offthegridnews.com/2012/04/02/eminent-domain-roswell-georgia-and-the-%E2%80%9Cchicken-man%E2%80%9D/

ROSWELL, GA – Andrew Wordes, known around Roswell as the “chicken man,” died in his home this past weekend when it exploded. Wordes had spent years fighting for the right to continue raising chickens on his property. Some say the tragedy was the result of one man’s refusal to obey city ordinances; others believe this was just another case of a municipality making a shameless grab for a private citizen’s land through eminent domain.

Sounds more like personalities and male egos got involved more than eminent domain.

The park was part of a growth management plan which may not have come to fruition for 20 years. It served to put people on notice of what MIGHT be coming in the future. It sounds like he was attempting to up the ante and booby trap his house when oops....

yeah it's always the victims fault.....the davidians set themselves on fire...but wait new evidence leaked out that they were burned out by the government....

http://www.washingtonpost.com/wp-srv/national/daily/aug99/davidians26.htm

The FBI yesterday reversed a six-year-old position that it never used munitions capable of sparking the blaze that ended a standoff with the Branch Davidian sect near Waco, Tex., and left 76 people dead.

Thanks to President William Jefferson Clinton and Janet Reno I believe. A terrible black eye for America and one for which, as far as I know, no one was ever held accountable. The government could have waited for months without an invasion.

TEOTWAWKI

TEOTWAWKI

Markle wrote:
TEOTWAWKI wrote:
Markle wrote:
TEOTWAWKI wrote:http://www.offthegridnews.com/2012/04/02/eminent-domain-roswell-georgia-and-the-%E2%80%9Cchicken-man%E2%80%9D/

ROSWELL, GA – Andrew Wordes, known around Roswell as the “chicken man,” died in his home this past weekend when it exploded. Wordes had spent years fighting for the right to continue raising chickens on his property. Some say the tragedy was the result of one man’s refusal to obey city ordinances; others believe this was just another case of a municipality making a shameless grab for a private citizen’s land through eminent domain.

Sounds more like personalities and male egos got involved more than eminent domain.

The park was part of a growth management plan which may not have come to fruition for 20 years. It served to put people on notice of what MIGHT be coming in the future. It sounds like he was attempting to up the ante and booby trap his house when oops....

yeah it's always the victims fault.....the davidians set themselves on fire...but wait new evidence leaked out that they were burned out by the government....

http://www.washingtonpost.com/wp-srv/national/daily/aug99/davidians26.htm

The FBI yesterday reversed a six-year-old position that it never used munitions capable of sparking the blaze that ended a standoff with the Branch Davidian sect near Waco, Tex., and left 76 people dead.

Thanks to President William Jefferson Clinton and Janet Reno I believe. A terrible black eye for America and one for which, as far as I know, no one was ever held accountable. The government could have waited for months without an invasion.

Yes very true, but your mistake is believing that there's a big difference between Repubs and Democrats...

Nekochan

Nekochan

Eminent domain in this country has gotten way out of hand. But the Chinese government is not exactly a respecter of its citizens' rights. When that road is ready to be opened, the house will be removed and the owners will get whatever the government decides to give them. The article claims that the government wants to give them less than half of what it cost to build the house.

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