China’s ‘Ding Zi Hu,’ US’s Kelo and Singapore’s En-Bloc Process: A New Model for Economic Development Eminent Domain from a Givings Perspective

52 Pages Posted: 9 Jun 2010

See all articles by Jianlin Chen

Jianlin Chen

University of Melbourne - Melbourne Law School

Date Written: January 1, 2008

Abstract

This article engages in a comparative study of the controversial exercise of economic development eminent domain by private developers in China, US and Singapore. Such eminent domain has attracted substantial academic discussions in the U.S. and China but they have all missed a crucial aspect of the issue by merely focusing on the takings aspect. As dictated by the givings jurisprudence, it is only through ensuring that the private developers are not unjustly enriched by the eminent domain that the rent-seeking behavior and abuses can be nipped in the bud. Here, a new model based on the Singapore en-bloc process provides a fresh approach towards which not only adheres to the givings jurisprudence but also offers a novel solution that ensures efficiency while reducing the problem of undercompensation.

Keywords: Takings, Givings, Property Rights, en-bloc, China, Singapore

Suggested Citation

Chen, Jianlin, China’s ‘Ding Zi Hu,’ US’s Kelo and Singapore’s En-Bloc Process: A New Model for Economic Development Eminent Domain from a Givings Perspective (January 1, 2008). Journal of Land Use and Environmental Law, Vol. 24, pp. 107-158, 2008, Available at SSRN: https://ssrn.com/abstract=1621913

Jianlin Chen (Contact Author)

University of Melbourne - Melbourne Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
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