How To Achieve The Public Interest In The Private Real Property

Real property is one kind of things, which have superior valuable of using andtransferring. So real property is not only the most important part of private property,but the basically material for social development. In other words, real property hastwo characters: the one is personality, the other is sociality. Government and the likelypowerful department can acquire real property material according two ways: the oneis provision of law, the other is based on some regulation acquire material fromprivate person. The former one is provide the assurance to control the material usage.The later one is to adjust the ownership of real property. Except of public ownership,private person also can acquire real properties’ ownership, at this time, the realproperty is the part of private property.The right must have some limitation, which can ensure the effective of right.Especially for the real property, the owner’s behavior should obey some restrictions.The restrictions shows in two ways: the one is the personal restrict, the other is thepublic rights’ restrict. As to the later one, the eminent domain (taking) is the mostpopular way. According to this way, property right can transfer from private person tothe public organize. However, the eminent domain Recently, with the societydevelopment, governments use taking to acquire plenty of real property material.However, during this period, the conflict between private person and governmentbecome more and more intense, taking bring serious attack to private right, as well as,spend much of money, with the help of “public interest”, government misuse itsauthorities. Reflections the " pains" brought by the eminent domain, at the same time, how toimprove the system should be awared of existing public property has been unable tomeet the needs of the construction and development of the private immovableproperty used for the hall is an inevitable trend, coupled with the immovable propertyitself contains the different nature of the available value-for individuals, the mostimportant role of real estate is reflected in both the living and the job; public body forthe purposes of government and other powers, real estate is not only the organizationof production, the driving force behind development, but also to meet thegovernment’s own needs-therefore, inevitable conflict between these values, for thepurposes embodied in the main game between different interests. When a conflictbetween public interest and individual interests, whether the issue must be resolvedthrough the collection, whether all the public interest must be the absolute exclusionof private interest as a precondition to achieve?In practice, there is a special kind of real property (buildings), because theimpact of history, culture, aesthetics, layout, style and other factors, it has a historicaland cultural value of these immovable property does not currently belong to thepublic, their property rights in the form of complex diverse, most of which belong toindividuals; personal empowerment and some are used in accordance with the historiclong-term lease policy; or permanent residence in the personal possession of fact,there is no clear right credentials. When these have historical and cultural value ofreal estate and urban development, tourism development collide private immovableproperty is directly facing the "public" of reality, in the "private matter public," thepremise is a fact, what should be adopted way of private real property use has becomea key issue.In the current mode, neighboring relations, easements, condominium ownership ofthe three systems are used to adjust the conflict of interest issue between private;levied, requisition system was used to solve the two major public interests andindividual interests conflict. However, in some cases in order to protect the historicaland cultural development of real estate，which does not need to completely excludethe individual rights of property. Public interest, of course, should meet publicdemand, but at the same time cannot be fearless or excessive personal sacrificeinterests, should establish a "dialogue" platform available, allowing private providersdirectly as public goods, to participate in public services among individuals and between the public authority body, also requires private property rights will be part ofthe real property transfer to the public enjoy the main power to meet the needs ofpublic activities. This approach has been adopted in some areas, commonly referred toas "predicament placement", and from a legal point of view, it should be called"public easement." Through five parts, from the analysis of real property valuestructure as a starting point to explain the relationship between the value of theconflict and the conflict of interest, and the exercise of the rule of real estate property,leads to the private interest and public interest in the conflict cannot be levied only asa problem-solving way, it should take into account the specific content of the conflictbetween public and private interests of the two main parties, which shows thenecessity to build a public easement system and its important role in the protectionand development of the private immovable historical and cultural process.In summary, the key point of this paper is to emphasize the process for the publicinterest (public needed) use of private real property, it should be to achieve the rightbalance of interests by way of limitation, to meet public demand, we should also payattention to protection of private rights. Especially on history and culture for such realestate representative, in the protection and development process, it is not appropriateto exclude completely the private rights of people, by setting a public easement way,ask the person transferring part of the property rights, it also offers the possibility oftheir participation in the protection, development, and thus protect the interests ofpeople from excessive violations of property rights, real estate, multiple values can befully brought into play.