The Path Selection Of The Sinicization Of Land Development Rights

Development Right is a policy instrument which has been used to mitigate the restriction of zoning during the process of urbanization in the foreign countries, especially in the U.S. It is argued that unconstrained private land use would bring about some kind of externality to open space, landmarks, farmland and environment-sensitive areas as well. Thus it is necessary for the government to regulate such unconstrained development through zoning. However, it is also recognized as some kind of taking without just compensation while the regulation of zoning goes too far. As a result, Transferable Development Rights program was proposed to meet special objects of conservation with less impairment to private property. Through the transfer of development rights, developers of the receiving area get additional development while land-owners of the sending area get compensation.The author attempts to apply the above thought of TDR to improve the present allocation of limited construction land in China.The dilemma of urbanization and farmland conservation in China was firstly analyzed and then the necessity and limitations of incremental construction land quota were specified in this paper. What's more, the author tried to introduce TDR program as an improvement of the rigid way of construction land allocation.In the following part the author reviewed the definition and origin of TDR, its market structure and operation, pres and cons and the conditions for successful implementation. Then the author took Calvert, Montgomery county of Maryland and Pinelands of New Jersey as examples and described the process of TDR grogram in detail. Finally a general framework of TDR program was conducted accordingly.Then the author recalled the studies of Land Development Rights in China and considered the notion to create a development right in the current law as a paradox which had not only ignored the public-ownership system but would also confuse the current right system. The author then argued that incremental construction land quotas played a role as the one TDR did in the foreign countries. What we need to do is to recognize this particular TDR as a policy instrument instead of a new right which was expected to solve the land-requisition problem. Finally a new kind of TDR model was proposed in the Chinese background of public-ownership to improve the current way of land use after the cases studies of the transfer of incremental construction land quotas in Zhejiang province and Chongqing municipality.