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USC Asia Architecture & Urbanism Study Abroad Program

Illegal Urbanism

“Almost a quarter of new land acquisitions in Chinese cities are illegal, according the Ministry of Land and Resources”

Hold on a minute, what??

“…About 51 percent of new land-use projects in 90 cities were illegal and the figure was as high as 80 percent in 17 cities,”

Now, if you don’t think illegal land use/acquisition is a problem in China, think again. BYD, a prominent Chinese automobile manufacturer, was caught for illegal land usage and zoning. The company built 7 new factories on 49 hectares of land bought from an undisclosed development agency in Shaanxi. However, 45 hectares of that land was zoned for strictly agricultural.  This case is unprecedented not in the fact that this sort of illegal activity is happening for the first time, but the fact that this company is being brought to court and convicted of violating the law. It is not all too uncommon for local city government officials and bureaucrats to ignore these zoning violations, and the consequences have hit mainly the agricultural industry the hardest. The Ministry of Land and Resources states that the nation’s arable land has decreased by 6% over the past 10 years. Illegal acquisitions for new construction developments have left many farmers jobless and homeless. The farmers lose complete rights to reclaim the land, nor do they often receive an adequate amount for their property. Only recently has the problem been acknowledged by the central government and actions have been taken to check land law and enforcement; already, many officials have already been caught for land-related corruption that include illegal land appropriation and land sale proceeds.

So what does that mean for China’s urban policy and planning? It’s evident that China is continuing to grow stronger, and the fact that the nation is increasing in productivity, resources, employment, etc. all point to signs of a need for urban expansion and development. For politicians, GDP means promotion and land is an attractive resource for foreign and domestic investors alike. The drive for economic growth brings new companies into higher competition and productivity, which necessitates new facilities. Instead of dealing with all the bureaucratic red tape, these companies are given the go-ahead from local government officials, who both politically and economically benefit from supporting land sale revenue. So now, the Chinese government has a dilemma in place: will it sacrifice the integrity of the law and enforcement of land usage for the sake of becoming a productive, post-industrial, first world country? The bigger dilemma may perhaps be that China is growing too fast, too much, and does not have enough resources to handle the growth; 1.4 billion people living, operating, working in an industrial China equals potential problems, one of which is sprawl. It is often important to remember that the city and the urban is often the consequence and result of policy, both economic and political. Certain rules and parameters form the city fabric and ultimately the experiential nature of the urban. For years, China has been turning the blind eye towards illegal land use, allowing corporations and industries to wipe out farmland and urban villages to be replaced with skyscraping office towers and residential units. This trend of illegal land acquisition and zoning violations have ultimately played a large role in perpetuating the sprawling urban condition that plagues modern China.

 

_Jonathan

Illegal Land Use Poses Major Threat”, http://english.people.com.cn/90001/90776/90884/6264973.html

“Over 20 Percent of Land Acquisitions in China’s Cities Illegal”,

http://english.people.com.cn/90001/90778/6272123.html

“Cracking Down on Illegal Land Use: The BYD Case”

http://www.chinalawblog.com/2010/08/cracking_down_on_illegal_land_use_in_china_do_you_really_still_feel_lucky_foreign_punk.html

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Filed under: BYD, China, illegal, planning, public policy, sprawl, Urbanism

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AAU FALL 2013:

University of Southern California
School of Architecture
Asia Architecture and Urbanism
Study Abroad Program

Director:
Andrew Liang
Instructors:
Bu Bing
Steven Chen
Yo-Ichiro Hakomori
Andrew Liang
Yuyang Liu
Neville Mars
Academic Contributors:
Thomas Chow, SURV
Bert de Muynck, Movingcities.org
Manying Hu, SZGDADRI, ITDP, Guangzhou
Clare Jacobson, Design Writer, Editor, Curator
Laurence Liauw, SPADA, Hong Kong
Mary Ann O'Donnell, Shenzhen Noted, Fat Bird, Shenzhen
Paul Tang, Verse, Shanghai
Li Xiangning, Tongji University, Shanghai
Students:
Daniel Aguilar
Hong Au
Michael den Hartog
Caroline Duncan
Nefer Fernandez
Christian Gomez
Isabelle Hong
Jin Hong Kim
Ashley Louie
Javier Meier
Paula Narvaez
Ashlyn Okimoto
Tamar Partamian
Samuel Rampy
Luis Villanueva
Krista Won
Tiffany Wu

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