Primary Exploration On Allocation And Transfer Of Land Development Rights

Land Development Right (LDR) originated in England. LDR is a 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 integration of private law with public law. LDR bares the nature of human rights. The initiation of TDR based on the support of legal economics, legal sociology, ecology and legal theory. TDR is used to make the balance between the restricted area and development area, because of the unequal benefit brought by the zoning. TDR can make the zoning more feasible so as to realize the public goals, such as farmland conservation, environmentally susceptible area conservation, historic relic conservation, and so on. China also 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 insist the doctrine that law provides the real rights, and China has not the legislation of LDR. This thesis argue that China should provide for the LDR. LDR can internalize the externality, so that TDR can incite farmers to protect the farmland and make the zoning more feasible. To entitle LDR to farmer community can ensure that farmers can enjoy the accruing benefit because of the change from agricultural use to commercial use of farmland. Using the experience of USA for reference, China should take the method of transferable development right (TDR) and purchased development right (PDR). Meanwhile, China should localize the TDR.