Public Interest Elements Research Of Eminent Domain

Constitution and Property Law have established that eminent domain should be consistent with the public interest. On the basis of the Constitution and relevant laws, the 2011 "state-owned land on the housing levy and Compensation Ordinance" further cited public interest types on state-owned land. However, provisions of Article 8 in the fifth did not give a clear definition to blight, thus the current process of urbanization made city-owned land public interest into a big controversy. In terms of collective land acquisition, there is still no clear public interest. In the situation which lack of a specific construction project, solely for the planning caused great debate. During the urbanization, there are land conflicts when judging the public interest element.Based on China’s current national and local laws and regulations on land acquisition and regulatory documents, the author summarizes the judgments and expressions of public interest. Combined with the collection and analysis of court cases, the author summarized two current judgment elements:elements of urban transformation and planning requirements. To improve the urban transformation, we need to identify specific technical standards, establish a diversified mechanism, as well as impel the democratic process. The planning elements of public use should be restore from the original function of urban planning. Procedures and functions should be subject to the constraint of land planning and multi-level urban planning no matter it is state-owned land on the housing levy or collective land acquisition. On the basis of a single element, also we need to establish a specific case way which helps to restrict the exercise of eminent domain. Comparative analysis of profit and loss as extraterritorial may be a good paradigm to the situation.