Eminent Domain, Chinese Style
- Categories: International, News
- Date: Nov 1, 2010 04:04 JST
- Tags: Bizarre, Buildings, China, Crime, Law, Made in China, Politics
Unsurprisingly, the dark side of China’s construction boom is very dark indeed – whilst tenants in the way of new construction projects are at least now notionally able to refuse to sell up (chiefly because rates may be far below market value), what awaits them may not be pleasant.
In this case, in Kunming, the tenant (an 83-year-old woman) refused to sell, and in an effort to force her out developers levelled the plot around her home and dug a 2m deep moat around her dwelling.
Apparently a more direct eviction method is not out of the question:
Another famous case involving a holdout left on top of a less than reassuring hill:
Yet another rather bizarre example, this time from Beijing, showing an old style townhouse which has apparently somehow managed to refuse the overtures of civil planners (although in all fairness most western nations probably would not allow a holdout to impede a public project to this extent):
Not all are so lucky; in some cases demolitions still proceed without consent or compensation, leaving occupants homeless:
The style of negotiation on display bears some rather striking parallels to recent Chinese diplomacy – China’s neighbours would likely do well to take note.




















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This is pretty damn extreme, no matter what country you're from.
Eviction chinese style...
If you tried this crap in america, said homeowner you shove a shotgun in your face and a colt on your crotch.
Which again would lead to the owner being sued to hell for threathening someone like that.
If you own all the land around someone else then you can dig it all away, leaving the American on a silly mountain of stupid.
Anyone else read the title as "Eminem Domain"
yeah thought it said eminem at 1st too oO
anyway the chinese folk never ceases to amaze me, not in a good way tho
the only reason why they do this shit is because the government there allow developers to go to such extremes
on a side note though i find it amazing how the western nations isn't saying a thing about this and yet if it were Japan putting out an eroge they're quick to pounce! WTF!?
@ Anon 05:33
Doesn't stop people,
and god forbid if you're the smuck who has to deliver the summons.
@unsung hero
you forget, america owes china a sh*tload of money
Its not a threat if you blow their crotch off.
For the U.S., getting out of our debt with China should be a top priority. We'll really start to regret it in 20-30 years.
In the US, Eminent Domain allows the government to force you out of your home if you are blocking what is considered a public project (usually to try and correct urban blight, or construct a public benefit). They have to pay you "market rates" for your land and all improvements, and that's it, and you have little recourse.
One case went to the supreme court and they ruled in favor of allowing eminent domain laws. The next weekend, one of the justices was booted out of his home under the same law. Poetic indeed.
@ anon 6:43
i meant western nations as a whole i know why the U.S. won't say anything but why aren't other nations taking a stand against china?
well they are pussies for one, who only get involved when it directly effects them.
for 2 they dont have the resources.
3 china gets shit done, sweat shops or whatever, i don't see anyone willing to pay an extra 10-20$ for what use to be a 8$ shirt, do you?
lets face it, this isnt genocide. this is people being dicks to people. unless war breaks out us wont do shit.
@unsung hero
The western nations do regularly complain and tell China to change it's attitude, but that's about it. There's never any punishment at all.
Right after complaining the very same people sign new multi billion buck trade agreements, though.
As you can guess it's super effective.
Anyone seen Up!?
The Pixar Movie? yeah it's pretty close to real.
05:33 sry but no, that wouldn't happen. Not without the case in the lower courts being scrutinized if that were to come to pass.
anon@14:02 - just add balloons.
@5:33: No, actually. At least in jurisdictions based on Common Law and Roman traditions there are right of way clauses precisely to prevent things like this. Of course your land can still be disowned by the government, but in that case often the law requires market-rate payment or a new plot in restitution.
What this means in practice, and this happened close to where I live, if a project developer buys up all the land around your home, which in this case wasn't done out of ill intent, the project developer has to keep a road free from your home to a public road. Again in our case the developer had no ill intentions, it just kind of happened, but it did prevent them from having an apartment building enclosing a park.
@schrobby what you said is also true (sadly)
Wrong. Siege Chinese Style.
Wrong. Exclusion Chinese Style.
Wrong. Bribery Not Working.
mmm...
These guys hold out because the developer buys them out for millions in the end.
it would be cheaper if the developer hires sumone to kill them or "accidentally" burn their house down. in china, the owner owns the projected construction only, thus the government would be able to legally take back the land if the house gets burnt down.
ps: that actually happened b4
这叫钉子户,不服啊?o\_/o
ni hao
@MKS In the US they have to compensate you for at least the value of the home plus compensation for the inconvenience.
I'd gladly move if I'm given compensation equal to or greater then the value of my present home plus compensation for the inconvenience so I may buy a new home that I would find suitable otherwise I'd do my damnedest to sabotage said public works project.
they send snipers after you so be careful :D
That's excellent advice for anyone!
So what happened to the old lady? She needs police protection. Someone's after her life so it's clearly a criminal matter.
In this case, police protection means protection from the police...
Huh? What do you mean sni
I meant that guy over th
I'm amazed for the wrong reasons.
This is why living in the middle of nowhere is great. No one is ever going to come all the way out here and build shit other than small rural housing. Plus, our's and most of the other farms in the area sold their development rights off to a farmland preservation thing, so it's illegal to use the land for anything but farming. I'm not sure if there's time limit on that, but I'd guess it's good for the rest of this century at least.
Well, let me promise you one thing - IF I would end up in similar situation, the police would soon find the building company's president liying very much dead somewhere, with a bullet in his head.
nice!
Not incriminating enough, yet.
Post it on your facebook, too!
Bah, wimp. Don't use a gun ,that's so impersonal. Use a baseball bat specially engraved with a massive copy of your handprint instead.
I'd definitely hold as grudge against the company and would seek some form of revenge.
Would I kill probably not it's not worth going to prison for man slaughter over.
Ruining the careers and or personal lives of the individuals who made the decisions that cost me my home would be enough for me.
I want to know how she goes to shops.
I think that's the whole point of the mote... she can't. It probably goes like this: "We'll help you across this mote, as soon as you fork over whats left of your property..."
Oops... misspelled moat
In reality, most of these developers offer extreme amounts of money and new homes (yes, they will give multiple homes to people depending on the value of the land). Most people who around Beijing during the economical boom made out like kings.
Chances are the people holding out here just have some sort of sentimental attachment to their old homes.
Actually, they dont. They give you very little compensation and whatever they gave you isn't worth it. Yes sentimental value is a big reason for staying, but also, there is no incentive to move because of the low amount that the government is willing to pay back.
Oh YEEAAaaa, CHINA QUALITY... LOL!
dude..i don't understand...or i think you don't really understand..这叫钉子户。。。lol
Anyone reminded of the Pixar movie UP? lol
But yeah, there should be a better dialog between the two sides and it all is easily solved with proper compensation and even letting them rebuild a home or move the home elsewhere in more civil discourses.
Then again, I wouldn't associate civil rights of citizens to China.
I thought my country is bad, but I see worse example of "Eminent Domain"
this doesnt make sense, since the government own all the lands in china.....they just kick u out if u dont want to move
Pics or it didn't happen.
Pic07 made me think I'm looking at a poster of an anime movie directed by Hayao Miyazaki..
Pic08 made me think I'm watching a filming scene directed by Michael Bay....
China would be glad if that castle was actually moving.
Pic #5 shows what they do when they really want something. Senkaku anyone?
this goes to show you the kind of mentality the government has over there if they're so trigger happy why not actually START A WAR (the U.S. does it all the time to satisfy its "trigger finger") or maybe they know if they do start some shit the entirety of the N.A.T.O. alliance would put them in their place?
At the moment China would be epicly SOL if they fucked around with US or even NATO. France alone has enough nuclear firepower to roll them over twice over.
the others just like war movies