Research On The Legal Issues Of Administrative Compensation For Adjacent Land In Land Acquisitio

Adjacent land is formed in the process of land acquisition.It is the land outside the scope of land acquisition that has suffered losses as a result of land acquisition or the use of the expropriated land for the construction of public works,for example,resulting in a decline in land value or a significant reduction in use value.Depending on the cause of the loss of adjacent land,it can be divided into several types,including remnants of land due to land division,land suffering losses due to negative externalities of land acquisition,ditch wall land suffering losses due to access barriers or boundary damage,and regulated land due to excessive land use restrictions.Given that this loss exceeds the social obligations of the adjacent land rights holder’s property,compensation should be paid to the adjacent land rights holder.However,administrative compensation for adjacent land outside the scope of expropriation land is rarely provided for in law and practice in China.Administrative compensation for adjacent land is an unavoidable issue in the process of land acquisition and has jurisprudential basis.From the view of the types of adjacent land and its constitution of legal rights,the different types of adjacent land formed as a result of land division,construction losses,harmful obstructions and excessive restrictions,including remnant land,land suffering usual land,ditch wall land and regulated land.The collective land ownership,land-use right and land development rights over the adjacent land are damaged or vacated,which constitutes a loss of rights and destroying the administrative easement.The adjacent land rights holder suffers the special sacrifice and therefore meets the jurisprudential basis for administrative compensation,which should be awarded for the loss of adjacent land in excess of the citizens’ burden obligations.From the point of the value function,the adjacent land rights holders have suffered objective losses caused by land expropriation,such as land fragmentation,reduced land value,obstacles to access and structural safety risks,etc.In order to balance social conflicts and promote the efficiency and fairness of land expropriation,it is appropriate to compensate the adjacent land for land expropriation.However,combined with the results of China’s administrative practice and judicial decisions,administrative compensation measures for adjacent land are often shown to be temporary in nature and not universally applicable,and the protection of adjacent land rights holders in judicial decisions related to adjacent land compensation is also limited by the lack of written legal basis.Combining specific administrative practices and judicial precedents,the shortcomings of China’s compensation for adjacent land in land acquisition mainly focus on three aspects: the identification of adjacent land,compensation methods and compensation standards.In terms of identification of adjacent land,neither the law nor the practice in China provides for the identification of adjacent land.However,the identification of adjacent land is related to determination of the administrative compensation scope for adjacent land,so it is necessary to typify adjacent land.As far as the basic conditions of adjacent land are concerned,it must satisfy three elements: proximity,objective damage and comparable damage,and a causal relationship between the land acquisition and the objective damage.The different types of adjacent land should be further refined,with the criteria of objective incompatibility of use for residual land,interference with loss for land suffering usual losses,harmful obstruction for ditch wall land and excessive restriction for regulated land.The scope of compensation for adjacent land should be determined through the typology of adjacent land.On the basis of determining the compensation scope of adjacent land,it is necessary to solve the single problem of the compensation method of adjacent land.On the one hand,the decision to expropriate the land together is in the hands of the administrative authorities,and the adjacent land rights holders do not have the right to request the reverse expropriation;on the other hand,the adjacent land compensation method is limited to economic compensation,and the adjacent land rights holders lack the right to choose.Firstly,adjacent land rights holders should be given the right to request the land expropriation of their adjacent land together,so that if the land has been expropriated in a fragmented manner and has lost its original use,the adjacent land rights holders can request the administrative authorities to expropriate the remaining adjacent land together.Secondly,the right to choose the compensation method for the adjacent land rights holders,combining the compensation methods such as economic compensation,property rights replacement,and the alternative compensation method of expropriation together to truly achieve fair compensation.The determination of fair and reasonable compensation standards is crucial to the original intention and purpose of compensation for adjacent land.In the judicial practice of China,the determination of the adjacent land compensation standard is not uniform,such as whether the land price should be used as the compensation standard,the method of determining the land price of the adjacent land,and whether indirect losses are included in the compensation standard,etc.are still unsolved.In view of this,China should establish the market value of land as the basis for fair and reasonable compensation,take the original use of adjacent land as the main consideration,and introduce the concept of difference to prevent adjacent land owners from benefiting.Meanwhile,starting from the land division relationship between adjacent land and expropriated land,fully consider the impact of expropriation on adjacent land.Given that the compensation for mental losses in adjacent land compensation is an emotional comfort for the separation of adjacent land right holders from the original land and houses,it is reasonable,but in view of factors such as inappropriate calculations,this loss should be handed over to the judicial authority for a case-by-case ruling.In summary,compensation for adjacent land is for land that has suffered objective losses due to land acquisition,and the objective loss has exceeded the limit that the adjacent land right holders should tolerate,so administrative compensation should be given.Therefore,it is necessary to conduct discussion deeply and analysis on the identification of adjacent land,compensation methods and compensation standards,to resolve the problems of adjacent land compensation in administrative practices and judicial precedents,to truly realize the fairness and reasonableness of compensation,and to promote the efficiency and fairness of land acquisition.