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Is all urban land owned by the state in China?

Updated: 10/23/2022
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Zhongzhigao

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16y ago

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In China, land is either owned by the state or rural collective economic organizations ("CEOs"). Chinese law stipulates that urban land is owned by the state, and rural and suburban land, which is stipulated otherwise by law to be state land, is owned by the state too. This sends a misleading message to land users that all land in the urban area is owned by the state. However, this is not the case. In practice, though it is a fact that most land in the urban area is owned by the state, some land in the urban area is indeed owned the CEOs. This is simply because China is experiencing the process of rapid industrialization and urbanization and Chinese government fails to well and timely conduct zoning and manage the expansion of cities. Chinese law straightforwardly forbids any land users to directly use the collective land for construction of commercial projects such as office buildings or condominiums. But in practice, it often happens that the collective land is illegally used to construct commercial projects. Therefore, land users must check the legal documents like title certificates with land users or government to determine whether a piece of land is owned by the state. In China, land is either owned by the state or rural collective economic organizations ("CEOs"). Chinese law stipulates that urban land is owned by the state, and rural and suburban land, which is stipulated otherwise by law to be state land, is owned by the state too. This sends a misleading message to land users that all land in the urban area is owned by the state. However, this is not the case. In practice, though it is a fact that most land in the urban area is owned by the state, some land in the urban area is indeed owned the CEOs. This is simply because China is experiencing the process of rapid industrialization and urbanization and Chinese government fails to well and timely conduct zoning and manage the expansion of cities. Chinese law straightforwardly forbids any land users to directly use the collective land for construction of commercial projects such as office buildings or condominiums. But in practice, it often happens that the collective land is illegally used to construct commercial projects. Therefore, land users must check the legal documents like title certificates with land users or government to determine whether a piece of land is owned by the state.

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Q: Is all urban land owned by the state in China?
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What is defined as state land in China?

In China, the land is either owned by the state or by the rural collective economic organizations. The land that is owned by the state is also called state-owned land or state land. Chinese law stipulates that urban land is owned by the state, and rural and suburban land, which is stipulated otherwise by law to be state land, is owned by the state too. More specifically, state land includes: (1) Land in urban areas; (2) Rural and suburban land that has been confiscated, taken and purchased by the state pursuant to law; (3) Land that has been requisitioned by the state pursuant to law, i.e., land that is converted from collective land to state land; (4) The forest land, grassland, barren land, shoals and other land, which is not collective land pursuant to law; (5) Land that originally belonged to rural collective economic organizations but whose members have all been converted to urban residents; and (6) Land that originally belonged to collective economic organizations but is no longer used by them due to the relocation of their members as requested by state or as a result of natural disasters. It is of practical meaning to define the state land under Chinese law in that only the state land is permitted to be used for the development of commercial projects such as condominiums, office buildings or industrial complex, etc.


Who administers and manages land ownership in China?

China has dual land tenure system. Land ownership is separate from land use rights. Land ownership is divided into two categories: state-owned land and collectively owned land. In other words, the land is either owned by the state or the collective economic organization ("CEO"). For the State-owned land, or state land, the State Council, the executive branch of the central government of China, administers state land on behalf of the state. For the collectively owned land, or collective land, it is operated and administered by rural collective economic organizations ("CEO") or villagers' committees; if land is respectively owned by two or more rural CEOs within a single village, it is respectively operated and administered by CEOs or villagers' teams; and if land is collectively owned by farmers of the CEO of townships, it is operated and administered by the CEO of townships.


What is land ownership in China?

In China, land ownership means that the land owner has the right to possess, use, benefit from and dispose of land. Land ownership is divided into two categories: state-owned land (or state land) and collectively owned land (or collective land). There are specific provisions on land ownership in several key Chinese laws and regulations (Readers can find the specific provisions on land ownership in Article 10 of the Constitution of the People's Republic of China ("Constitution") ("PRC"), Article 47, 48, 58, 59, 60 of the Property Law of the PRC ("Property Law"), Article 8 of the Land Administration Law of the PRC ("Land Administration Law") and Article 2, 4 of the Implementing Regulation of the Land Administration Law of the PRC ("Implementing Regulation of Land Administration Law"). In China, urban land is owned by the state, and rural and suburban land, which is stipulated otherwise by law to be state land, is owned by the state too. Collective land is owned by the rural collective economic organization ("CEO"), which is roughly tantamount to the entire rural land and most of suburban land. Therefore, roughly, if you are on city land, you can assume that the land is state-owned. However, bear in mind that this assumption is not always the case. As China is emerging as a new market, the city is physically expanding at a rocket pace in the suburban areas, but the land in cities still remains in collective hands from a legal perspective. At the same time, some land in rural area, such as state-owned farms, is owned by the state.


What is house ownership?

ChinaIn China, land ownership means that the land owner has the right to possess, use, benefit from and dispose of land. Land ownership is divided into two categories: state-owned land (or state land) and collectively owned land (or collective land). There are specific provisions on land ownership in several key Chinese laws and regulations (Readers can find the specific provisions on land ownership in Article 10 of the Constitution of the People's Republic of China ("Constitution") ("PRC"), Article 47, 48, 58, 59, 60 of the Property Law of the PRC ("Property Law"), Article 8 of the Land Administration Law of the PRC ("Land Administration Law") and Article 2, 4 of the Implementing Regulation of the Land Administration Law of the PRC ("Implementing Regulation of Land Administration Law").In China, urban land is owned by the state, and rural and suburban land, which is stipulated otherwise by law to be state land, is owned by the state too. Collective land is owned by the rural collective economic organization ("CEO"), which is roughly tantamount to the entire rural land and most of suburban land. Therefore, roughly, if you are on city land, you can assume that the land is state-owned. However, bear in mind that this assumption is not always the case. As China is emerging as a new market, the city is physically expanding at a rocket pace in the suburban areas, but the land in cities still remains in collective hands from a legal perspective. At the same time, some land in rural area, such as state-owned farms, is owned by the state.


Is all rural land owned by the collective economic organization in China?

In China, land is either owned by the state or rural collective economic organizations. Under Chinese law, the collective land includes the land in the rural and suburban areas of cities, except that it is otherwise to be owned by the state pursuant to law; and residential housing sites for farmers, land for personal use and hills for personal use. In practice, some land in the rural or suburban area such as farms is owned by the state. In China, land is either owned by the state or rural collective economic organizations. Under Chinese law, the collective land includes the land in the rural and suburban areas of cities, except that it is otherwise to be owned by the state pursuant to law; and residential housing sites for farmers, land for personal use and hills for personal use. In practice, some land in the rural or suburban area such as farms is owned by the state.


What is state land?

Land that is owned or protected by the State in the name of Public Interest or conservation and protection.


Are there of any practical meaning to differentiate state land from collective land in China?

China has dual land tenure system. Land ownership is separate from land use rights. Land ownership is divided into two categories: state-owned land and collectively owned land. In other words, the land is either owned by the state or the collective economic organization ("CEO"). There are legal implications to differentiate the state land from collective land. Under Chinese law, unless a piece of collective land is requisitioned, i.e., it is converted from the collective land to state land upon approval by the government at provincial level or above, it is not permitted to be used for commercial projects such as office buildings, condominiums or industrial complex. Under Article 43 of the Land Administration Law of the People's Republic of China, any entities and individuals that need to use land for construction must apply for the use of state land; however, in the following cases the land user is not required to use state land: The use of collective land for the establishment of rural and township enterprises; and the construction of residential housing by villagers or the construction of village or township public facilities and public interest facilities subject to approval by government authorities.


Who owned Texas before it became a state?

The land was originally owned by Spain.


Who owned the land in tributary mode?

the state of elite


What is the percent of land owned by the state of Az and the percent of land owned by federal in AZ?

According to the figures I found, 48.1 percent of the land in AZ belongs to the Federal Government. 15 percent is privately owned land.


What state is half federally owned and controlled?

Wyoming has half of its land federally owned and controlled.


What is collective land in China?

Collective Land (集体所有土地或集体土地), the counterpart or twin of state land, is the land that is collectively owned by rural collective economic organizations. China has dual land tenure system. Land ownership is separate from land use rights. Land ownership is divided into two categories: state-owned land and collectively owned land. In other words, the land is either owned by the state or the collective economic organization ("CEO"). What is the CEO? Strictly, the CEO, which is the result of planned economy, is not a legal term. In China, around 80% of population is farmers. Most of Chinese farmers live in rural areas and naturally and historically form villages. Chinese government recognizes generally a single village (sometimes several villages) as a CEO. The CEO is the owner of land in the area of villages and distributes it to the members or villagers of village for cultivation or residence. Under Chinese law, the collective land includes the land in the rural and suburban areas of cities, except that it is otherwise to be owned by the state pursuant to law; and residential housing sites for farmers, land for personal use and hills for personal use. It is of practical meaning to define the collective land under Chinese law in that the collective land is not permitted to be used for the development of commercial projects such as condominiums, office buildings or industrial complex, etc. unless and until it is converted to the state land.