Where does the difference between “granting” and “allocation” of land, which are the subject of inexorable compensation for the expropriation of state land, and which are the ways of acquiring state land use rights, differ
Land concessions are acquired by the state by handing over state land use rights to land users for a limited period of time, and by paying the state land use concessions。
The allocation of land is obtained by the people's governments at the county level and above, by means of legal authorization, upon payment by the land users of compensation for settlement, etc., the land is handed over to them for use, or the right to use the land is given free of charge to the land users。
Concessions and transfers are two ways of acquiring access to state land, and the resulting concessions and transfers have their own characteristics. On the whole, the main differences in the identity of land concessions and transfers are the length of tenure, the method of acquisition and the manner and limits of use。
In terms of length of use
Land concessions: there are specific life periods, such as 70 years of residential land and 50 years of industrial land for industry, education, technology and culture。
Allocation of land: without a specific useful life, the state may recover it at any time。
Access
Concession of land: the right of access is acquired for a fee and the use of land is subject to payment of a fee and other fees for land, such as land concessions. Specific acquisitions include agreements, tendering and auctions。
Allocation of land: it is acquired free of charge and refers to the cost of access and other expenses for the acquisition of state-owned land use rights, as well as the non-payment of land use rights concessions. However, if there is a need for compensation and the costs of resettlement still have to be paid。
Use patterns and limitations
Land concessions: for the purposes of urban construction, industry, commerce, housing, etc., the owner of the land concessions may dispose of the land within the limits of the law, including the transfer, rental and mortgage of the land。
:: allocation of land for state institutions and military, urban infrastructure and public goods, as well as for infrastructure such as energy, transport, water, etc., as a priority for the state. The use of the allocated land by the right-holder is severely restricted and the land must be used for the purpose for which it was allocated, and transfers, leases and mortgages are prohibited。
There are also differences in the way in which land is used after expropriation due to the different characteristics of land concessions and land transfers。
Land concessions: re-entry into the market after expropriation, continued through tenders, auctions, etc。
(b) allocation of land: it will normally continue to be used for public and public goods after expropriation and may also be converted to commercial land through the payment of land concessions。
Since concessions and transfers of land themselves vary in terms of costs, specific entitlements, etc., the respective rights and entitlements vary, as do compensation for expropriation。
Land concessions are acquired on a paid basis and paid for, with a clear life span and scope of use. In case of expropriation, compensation is required for the remaining years of land tenure and the value of the site, in accordance with the expropriation procedure of order no. 590。
The allocation of land use rights is free of charge, with no clear life span and limited access. Land compensation is not payable when it is recovered, but compensation for land attachments needs to be paid to the owner。
Owing to the different nature of land concessions and transfers, there are different implications for the rights of rights holders. Therefore, special attention needs to be paid to the nature of the land in the event of a change in the right to use the land, so as to avoid harming their legitimate rights and interests by being unaware of the nature of the land and, where appropriate, consulting professional lawyers。
