When Wenzhou Meets Article 149 of the Property Law

EO: 当温州遇上《物权法》第149条
Wenzhou Housing land use permit expired a major concern is still waiting for an answer.

April 20, Ministry of Land and research group to Wenzhou City, Zhejiang Province to start research on the above issues. Economic Observer newspaper exclusively learned that despite the renewal of land issues Wenzhou cases initiated so far inconclusive, but the research group before departure, the Department of Homeland senior officials on private land renewal Wenzhou formed a few observations:

First, the right to use land less than 70 years to 70 years can be paid for renewal of property rights, the renewal of land ownership issues 70 years of law to be clear;

Second, the right to use land grievances renewal charge should refer to the standard 70 years when the market price of the acquisition of land;

Third, if you dispute this proposal is too large, only unpaid renewal.

There is also a problem, before the research group rushed to Wenzhou, there is no answer: the renewal fees paid by whom, it was the developers or the current owners.
It retells the story of the incident driving this issue:
Ms. Wang in October 2012, in Wenzhou city bought a 75 square meters of second-hand housing, the total housing fund more than one million yuan this year, ready to sell, they found that the land use rights has expired on March 4 .

Ms. Wang of this housing, land use period of only 20 years. Surprisingly, Ms. Wang's two neighbors, a term for land use is to August 20, 2070, there is no term on the land rights on the real estate license.

As previously Wenzhou relevant statement, Ms. Wang paid in full land premium required, since the money transfer prices accounted for 1/3, after local media burst, caused shock in the country.

Land Department and the Zhejiang Provincial Department was rushed to Wenzhou April 20 to conduct research on the matter, whereby the renewal of local land has been grounded. Wenzhou City officials announced that no substantive progress in the development of land renewal program.

Reporters learned that the current in Wenzhou have purchased second-hand housing residential water heart of one of the owners being stuck in the land use period, the owners in March 2016 bought a second-hand house, he would always room for 658,000 yuan money deposited in a bank escrow account, only to find land certificate expires, the need for land card, you must pay the cost of land to extend the period of use, preliminary estimates, this renewal fee of nearly 30 million, the owners of capital in an awkward state, Housing has been transferred, not back room, no land certificate, paying back the principal in a frozen stage, a dilemma.
Hundreds of cases will pop up in the next few years:
Wenzhou City Land Resources Bureau confirmed preliminary Mopai only in Wenzhou city, the land use rights in real estate due by 31 December 2017, there are more than 600 homes, due at the end of 2019 more than 1,700 cases, mainly in Lucheng District Longwan District, Ouhai, for a specific area, a specific special period houses. Village of Hebei cross the land use rights for 20 years, it is such a special case.
It concludes:
An official who worked in the NPC Law Committee also said that when the development of property law disputes is paid or unpaid renewal operations on the concrete practice, there have been some life in 15 years, 20 years or 30 years of land, but this small part of the total land. Land property system was just executed, individual local government afraid of making mistakes, not aggressive, short-term is set years, developers in order to save money choose a relatively low number of years, this piece of history also need to respect.

Land and Natural Resources official said the Department of Homeland his colleagues privately that, less than 70-year period of ownership of land for 70 years to be paid for renewal of property rights, the renewal of the standard should refer to the market price at the time when access to land.

The official said, "this thing in Wenzhou will be handled symbolically, the 70-year property rights too controversial, should be resolved through legislation."

Preceding the NPC Law Committee officials said, how land use period expires renewal, not a department have the final say, not the LAC can be given, "the Ministry of Land disclosure program submitted to the State Council, when making We must balance the interests of local governments, local government debt and now the financial situation is not very optimistic, of more than 30 provinces at least 15 provinces rely on land finance. The law is decided by the NPC work group, in practive there are many factors to be considered."

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