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For the nail houses in the middle of roads in China, are those private roads, or do they not have eminent domain as a legal construct? --- Edit: Wikipedia cla

by nmcfarl 14y ago

For the nail houses in the middle of roads in China, are those private roads, or do they not have eminent domain as a legal construct? --- Edit: Wikipedia claims: China does "practice eminent domain whenever it is convenient". So what the heck is going on here?

tibbon 14y ago
I've actually always been uncertain of why eminent domain works/exists seemingly sometimes in the US for private companies wanting to build developments. Or at least, that's how people seem to think of it. I've heard several people "forced to sell their home through eminent domain" because someone wanted to build a shopping center. Is that true, or is that a misunderstanding of how it works?
- zwily 14y ago
  If a developer can convince the local government that their shopping center (or whatever) will be for the common good, then the government exercises the eminent domain.
- mherdeg 14y ago
  It has only recently become clear in the U.S. that federal law permits the use of eminent domain to help private parties do economic development. Have a read through the Supreme Court case Kelo v. City of New London, 545 U.S. 469 (2005), which is a totally approachable decision ( http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=04-108 http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&#3... ). Civil libertarians were not thrilled by Kelo and some have pushed for state or local laws that prohibit the use of eminent domain for private parties to engage in economic development. So, taking someone's land to build a shopping center may not be legal in some cities or states. See also the Lost Liberty Hotel (http://en.wikipedia.org/wiki/Lost_Liberty_Hotel http://en.wikipedia.org/wiki/Lost_Liberty_Hotel), a proposed hotel to be built on David Souter's land as a better source of economic development for the community than his house. For a good time, drive to New London some time and check out the land that was under dispute in Kelo. It's still a sad, empty, vacant lot — although the Supreme Court allowed a developer to seize the land, they ended up deciding not to develop.
  - vonmoltke 14y ago
    Don't forget one of the first major projects to use the Kelo ruling, Cowboys Stadium (aka Jerry World): http://www.outsidethebeltway.com/eminent_domain_ruling_affects_dallas_cowboys_stadium/ http://www.outsidethebeltway.com/eminent_domain_ruling_affec... http://www.nytimes.com/2009/07/17/sports/football/17cowboys.html?_r=0 http://www.nytimes.com/2009/07/17/sports/football/17cowboys....
- hudibras 14y ago
  The developer and the homeowner almost always come to a voluntary agreement. Almost by definition, if the developer wants to build something in a specific location then the land is worth more to him then the homeowner can get for the property. The homeowner gives a "make me move" offer, the developer accepts it, and everybody's happy. If the homeowner still refuses, then the developer will say, "Okay, thanks" and moves on to another project. Maybe put that shopping center a few miles away or something.
wisty 14y ago
China is not a monolithic entity. Often the developer (or local / state government) is doing something a little dodgy, or rushing things. Mainland Chinese business culture often stresses high-context communication (i.e. little actual communication, and lots of guesswork) and a strong bias towards action.

by nmcfarl 14y ago

tibbon 14y ago

I've actually always been uncertain of why eminent domain works/exists seemingly sometimes in the US for private companies wanting to build developments. Or at least, that's how people seem to think of it. I've heard several people "forced to sell their home through eminent domain" because someone wanted to build a shopping center. Is that true, or is that a misunderstanding of how it works?

zwily 14y ago
If a developer can convince the local government that their shopping center (or whatever) will be for the common good, then the government exercises the eminent domain.
mherdeg 14y ago
It has only recently become clear in the U.S. that federal law permits the use of eminent domain to help private parties do economic development. Have a read through the Supreme Court case Kelo v. City of New London, 545 U.S. 469 (2005), which is a totally approachable decision ( http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=04-108 http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&#3... ). Civil libertarians were not thrilled by Kelo and some have pushed for state or local laws that prohibit the use of eminent domain for private parties to engage in economic development. So, taking someone's land to build a shopping center may not be legal in some cities or states. See also the Lost Liberty Hotel (http://en.wikipedia.org/wiki/Lost_Liberty_Hotel http://en.wikipedia.org/wiki/Lost_Liberty_Hotel), a proposed hotel to be built on David Souter's land as a better source of economic development for the community than his house. For a good time, drive to New London some time and check out the land that was under dispute in Kelo. It's still a sad, empty, vacant lot — although the Supreme Court allowed a developer to seize the land, they ended up deciding not to develop.
- vonmoltke 14y ago
  Don't forget one of the first major projects to use the Kelo ruling, Cowboys Stadium (aka Jerry World): http://www.outsidethebeltway.com/eminent_domain_ruling_affects_dallas_cowboys_stadium/ http://www.outsidethebeltway.com/eminent_domain_ruling_affec... http://www.nytimes.com/2009/07/17/sports/football/17cowboys.html?_r=0 http://www.nytimes.com/2009/07/17/sports/football/17cowboys....
hudibras 14y ago
The developer and the homeowner almost always come to a voluntary agreement. Almost by definition, if the developer wants to build something in a specific location then the land is worth more to him then the homeowner can get for the property. The homeowner gives a "make me move" offer, the developer accepts it, and everybody's happy. If the homeowner still refuses, then the developer will say, "Okay, thanks" and moves on to another project. Maybe put that shopping center a few miles away or something.

wisty 14y ago

China is not a monolithic entity. Often the developer (or local / state government) is doing something a little dodgy, or rushing things. Mainland Chinese business culture often stresses high-context communication (i.e. little actual communication, and lots of guesswork) and a strong bias towards action.