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Waste No Land: Property, Dignity and Growth in Urbanizing China

By Eva M Pils

Abstract

The Chinese state does not allow rural collectives to sell land, but takes land from them and makes it available on the urban property market. While rural land rights are thus easily obliterated, the newly created urban rights in what used to be rural land enjoy legal protection. The state justifies these land takings by the need for urbanization and economic growth. The takings have resulted in an impressive contribution of the construction and property sector to state revenue and GDP growth, but also in unfairness toward peasants evicted from their land and homes. The example discussed here shows that certain economic theories of property rights are consistent with discrimination and should therefore be rejected. A further conclusion is that we must reconsider the claim that property rights are desirable because they serve economic growth. The discussion here contributes to an understanding of property in terms of dignity, rather than wealth

Topics: China, Urbanization, Property rights, Expropriation, Land Use Law, Property Law and Real Estate
Publisher: Scholarship@Cornell Law: A Digital Repository
Year: 2009
OAI identifier: oai:scholarship.law.cornell.edu:clsops_papers-1061
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