On Land Expropriation And Requisition For The Public Interests

Only for the public interests, the land can be expropriated. It is the common view about the policy of the land expropriation and requisition in the worldwide. Its content is for the sake of the public interests, the private land can be expropriated but for the duly compensation. For the sake of the public interests, the land can be expropriated from the collective, the house and other real estate expropriated from the individual and the units if it complies with the legitimate procedure and does not go beyond the scope of the authority. It is an express provision in the item 42 of the newly enacted Property Law, which has offered the legal evidence for the land expropriation and requisition. However, because of the lack of the definition on the public interests, many social problems appear during the judicature practice. The definition of the public interests is the first important issue that should be settled during the process of the land expropriation and requisition. Firstly, the paper comprehensively analyses the expropriation and requisition including the definition, the characteristics and the social value about the land expropriation and requisition, emphasizing the aim of the expropriation and requisition should be for the public interests. Secondly, the paper pays attention to the definition of the public interests including the implication, the characteristics, the formula of the definition, the standard of the definition and so on. Then the paper provides the new way of the commercial purchase of the land to fulfill the need of the commercial construction. Lastly,the writer gives the honest opinions about how to perfect the item 42 of the newly enacted Property Law.