LAND ACQUISITION PROBLEMS IN CHINA – ADOPTING LAND ACQUISITION ACT 1960 OF MALAYSIA AS AN ALTERNATIVE PROCEDURE

Abstract

Land is scarce and it is the most important resource that humans rely on. Therefore, the protection of land interests is extremely important. Land acquisition deprives the owner‟s interest on land. A fair and adequate compensation as well as transparent procedures are crucial for land acquisition. The aims of this study are to investigate the adequacy of compensation for land acquisition in China as compared to the Malaysian framework, and to enhance the understanding of land acquisition procedures and determination of compensation in both China and Malaysia. A case study was conducted to investigate whether the compensation for land acquisition in China is adequate and equitable. Two sets of compensation have been calculated, one based on the current compensation standard executed in China; and the other, calculated based on the market value of the land. The finding reveals that the compensation based on the current compensation standard in China is inadequate. The compensation determined by compensation standard executed varied with the market value of the land. In order to better protect the dispossessed owners in China, the compensation for land acquisition should be based on the market value of the land and other related matters such as betterment, severance, injurious affection, incidental expenses and accommodation works should be given due consideration.

Keywords: Land acquisition, acquisition procedures, compensation, market value.