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Oct 10 2011

The Impact of Regulatory Takings by the Chinese State on Rural Land Tenure and Property Rights

2010

This paper by staff from Landesa (then called the Rural Development Institute) explores the impact of the Chinese government’s policy measures to improve forest coverage, which aim to protect land from soil erosion and improve overall ecological status, but have negatively impacted the livelihoods of forest farmers who rely on forest production for living. The paper discusses regulatory takings laws in the US and some European countries; describes regulatory takings laws that govern the definition of regulatory taking, compensation standards for such takings and procedural requirements for filing a regulatory takings claim; and recommends legislative reforms for China’s regulatory takings, taking into account the unique characteristics of China’s property rights institution. | Download PDF

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