Research On The Basic Theory Of The Land Development Right (LDR)

Land Development Right (LDR) originates in England. LDR is the right for the landowner to change the use of land or to improve the use of land. LDR is a branch of the bundle of rights in land ownership, and is transferable. LDR is the result of the integration of private law and public law. LDR is related to the realization of human rights. The initiation of TDR based on the support of legal economics, legal sociology, ecology and legal theory. In countries like England, France and America, TDR is used to balance the asymmetrical benefits between the restricted area and development area result from land utilization plans and accelerate the implement of land utilization plans in order to achieve public goals, such as the conservation of farmland, environmentally susceptible area, places of historic interest and so on. China faces the serious environmental problems with the fast development of economy, such as loss of farmland, desertification, and so on. The main reason is the lack and loss of a land title in the course of land use and management, and the government takes more consideration on obligation and regulation than the right and market. China adopts the doctrine that law provides the real rights, but China does not have the legislation of LDR, therefore LDR is necessary and workable in China. LDR can internalize the externality, so that TDR can incite fanners to protect the farmland and make the zoning more feasible. To entitle LDR to farmer community can ensure that farmers can share the accruing benefits because of the transformation from agricultural use to commercial use of farmland. Using the experience of USA for reference, China should take the combined method of transferable development right (TDR) and purchased development right (PDR). Meanwhile, China should localize the LDR.