Legal Issues Of Land Acquisition In The Process Of Joint Development Along The Metro Line

The joint developing model of Metro and real property along the line is based on the mutually beneficial policy. The MTRC as a contractor of the subway, meanwhile develop real property near subway station by the high-density real property development model. The income of real estate development will raise some funds of the subway construction and cover the MTRC operating loss. The high-density real property around the subway station will bring a large number of passengers, which create the stable incomes of subway, and increase the market value of the property near subway station. The economical essence of joint development model is to make the MTR external beneficial interests internalized. This model can achieve the objective of public transport and urban space optimization. This is a new model for the city development and subway construction.In the past some domestic cities, through the establishment of local regulations and laws, have formulated the encouraging terms and Legal basis for obtaining the land of joint development. However, after the implementation of the "Property Law", there is the new legal restrictions to obtain the land during the its joint development. Mainly because the "Property Law" lists the legal restrictions of the right to use land for building, especially the " tender, auction, offer " remise systems. To analyze three kinds of countermeasure on the restriction of present domestic land acquisition among joint development, seizing bidding, the price of land investment (shares) and authorized operation, build-operator-transfer (BOT) and its variations, found that was difficult to completely solve the legal issues during obtaining the joint developed land. Suggested to study Taiwan's idea, to use the local experience of legislation for reference, establish the special law for metro construction and seizing development, clean the legal obstacles for obtaining land during joint development.This thesis is composed with six chapters. Chapter one, Introduction. Chapter two, Introduction on joint development between metro and real property along the lines. Introduce its definition, implementing conditions, economic analyzing and successful practice abroad. Chapter three, Analyzing previous laws and regulations of land acquisition in China, list the concerned laws and regulations on usage of construction land and land acquisition among previous domestic city joint development. Chapter four, Analyzing legal issues on present domestic land acquisition among joint development. "Tender, auction, offer " regulations on land deal is the key obstacle to land acquisition among joint development. Chapter five, three legal countermeasures analyzing on the restriction of present domestic land acquisition among joint development. Chapter six, Conclusion, to conclude legal issues on land acquisition among joint development and put forward suggestions on special legislation.This thesis discusses about legal issue on the land acquisition among joint development model. It analyzes law countermeasures and suggestions on how to improve composing regulations about national metro construction and joint development, which will benefit our national metro construction, real property development along the lines and city space utilization.