A large amount of land has been idle for a long time: the government accounts for more than 50%.
A large amount of land has been idle for a long time, which is giving rise to a variety of economic and social problems, so it is highly valued by leaders and competent departments at all levels.
According to the 2014 China Land and Resources Bulletin issued by the Ministry of Land and Resources on April 22nd, 70200 hectares of idle land has been supplied for construction in China from 2009 to 2013. At the National Land and Resources work Conference held on January 15 this year, Minister of Land Jiang Daming said that the Ministry of Land cleared 1 million mu of idle land in 2014.
With regard to the problem of idle land, at the executive meeting of the State Council held in February this year, Premier Li Keqiang demanded that "iron-handed measures must be taken in response to problems found by audit inspectors, and serious accountability should be taken, not only to investigate and deal with irregular acts such as illegal management of revenue and expenditure of land transfer, but also to correct all kinds of inaction reflected in idle land." It is also reported that as early as April 1999, the Ministry of Land adopted the measures for the disposal of idle land, which was revised in May 2012. This year, the Ministry of Land has also identified 11 cities and counties across the country, including Nanjing, Jiaxing, Haining, Linyi, Heze, Yichang and Chongqing, to promote the construction of land market integrity system.
Since the central government attaches great importance to the problem of idle land, and the Ministry of Land has also issued relevant systems and policies to regulate and regulate it, the reporter learned in the interview that the implementation in some places is not satisfactory and the relevant policies are difficult to implement. Why?
The government accounts for a large proportion of the idle land.
Zheng Xin, a lawyer from Beijing Haotianxin Law firm, has long been engaged in the research on legal issues related to land. In an interview with the China Industrial and Commercial Times, he said that the main reasons for idle land are enterprise reasons and government reasons. People pay more attention to the idle land caused by enterprises, and people generally think that idle land is because enterprises maximize profits by hoarding land to push up housing prices, but in fact, the problem of idle land caused by the government can not be underestimated. According to officials, more than 50% of the idle land is caused by the government. The Ministry of Land issued the measures for the disposal of idle land, whose original intention is to prevent enterprises from hoarding land, increase market supply, stabilize housing prices, improve land use efficiency and avoid land waste. However, the unfavorable policies of some local governments, the lack of good demolition plans, inadequate funds, random actions and inactions and other reasons may lead to idle land. In addition, although the Ministry of Land has issued relevant policies, but due to the lack of implementation rules, resulting in the lack of policy maneuverability, which is also one of the reasons hindering policy implementation.
In the blacklist previously announced by the Ministry of Land, Beijing, Guangdong, Hainan and other places have become the worst-hit areas with idle land.
In the central villa area of Houshayu Town, Shunyi District, Beijing, the house price has exceeded 100000 yuan per square meter, but there is a piece of land of more than 700mu that has been idle for about five years and has not been disposed of so far.
The plot is located in Xibaixinzhuang, Houshayu Town, Shunyi District, with a total of more than 700 mu. Around 2010, it was won by Beijing Yushuantong Real Estate Development Co., Ltd. (hereinafter referred to as Yushuantong Company), Beijing Mengke Real Estate Co., Ltd. (hereinafter referred to as Mengke Real Estate Co., Ltd.), and Beijing Biyuan Real Estate Development Co., Ltd. (hereinafter referred to as Bishui Company). According to reports, 100% of the land transfer fees and demolition funds of the above three development enterprises have been paid in full. However, due to some violations in the demolition process, the demolition is not smooth, which not only leads to the failure of land construction, but also the fact that the land is idle and presses a lot of developers' funds. With the passage of time, the town government, developers, villagers waiting for demolition to live in the new building and other parties become more and more anxious and unbearable.
In fact, the land belonging to three companies, such as Yushun Tong, is by no means an isolated case due to the idle land caused by local governments and relevant functional departments. It is reported that there is a plot T402-0014 on the north side of Xili Middle School in Nanshan District of Shenzhen City, which covers an area of more than 10, 000 square meters. Because the court did not find out the ownership of the land, it mistakenly identified 100% of the rights and interests of the land as owned by Miobao and auctioned it, without considering that Scherner owned 55% of the land, resulting in the transferee and the bidder unable to develop the site, and the land has been idle for more than 20 years. The site appeared on the national blacklist of idle land verified by the Ministry of Land in 2010. The plot is called "a scabies scar" in the downtown area by real estate people in Shenzhen.
According to the regulations of the Ministry of Land, the land use right will be recovered free of charge for more than two years for the idle land caused by the enterprise itself, but the T402-0014 pieces of land have been idle for more than 20 years due to court reasons, so they can neither be developed nor recovered. Moreover, with the rise of house prices in Shenzhen, land prices have also skyrocketed, and the development enterprises belonging to T402-0014 lots have also been jokingly called "legal hoarding land" by local market participants.
Idle land makes it difficult for enterprises
Zheng Xin believes that these are two typical examples of the above-mentioned problems of idle land in Beijing and Shenzhen, and the case in Shunyi District of Beijing shows that if the problem of idle land is not reasonably resolved, it will have a negative impact on all parties.
According to Huang Jiannong, deputy general manager of Yushun Tong Co., Ltd., in 2011, Yushun Tong Company legally acquired a piece of land for commercial development in Xibaixinzhuang, Shayu Town, Shunyi, Beijing. On September 8 of that year, it signed the entrustment Agreement for the demolition Project of Xibaixinzhuang Village (hereinafter referred to as the entrustment Agreement) with the people's Government of Houshayu Town, Shunyi, Beijing. The two sides agreed that Yushun Tong Company would entrust the town government to organize and implement the demolition of Xibai Xinzhuang Village. Now the demolition has started for more than two years, there are still dozens of houses have not been demolished, the demolition work is at a standstill, resulting in the subsequent construction can not be carried out, the land has been virtually idle, and accounted for more than 2 billion yuan of funds for the company.
"since December 27, 2011, we have negotiated with the town government hundreds of times to complete the demolition work as soon as possible, but it has not been completed so far, resulting in huge economic losses for the company. to this end, Yushun Tong Company sued the town government on June 23, 2014, asking the court to order the defendant to continue to perform the entrustment agreement and pay more than 150 million yuan to the plaintiff." Huang Jianong said, "We do not ask too much, but we just hope that under the premise of being reasonable and legal, the government can perform its corresponding duties, adhere to the spirit of contract, and let the matter be resolved as soon as possible."
For the reason why the land has been idle for a long time, Yushun Tong Company believes that the town government started the demolition without obtaining the "demolition permit", thus making the demolition work in a dilemma.
Yushun Tong said that according to the relevant government laws and regulations, the demolition work should not start until the demolition permit has been obtained. On November 27, 2011, the Houshayu town government entered the village to carry out demolition, but Shunyi District Construction Committee actually only issued collective land demolition permits for the demolition part of Bishui Company, but not to Yushuantong Company and Mengke Real Estate. Due to the failure to obtain the demolition permit, there are problems in the legality of the demolition, which makes the demolition work difficult. After that, Yushun Tong Company and Mengke Real Estate wrote to Shunyi District and Beijing Municipal Construction Commission and other government departments for communication and consultation on the issue of demolition permit. Finally, until December 1, 2013, the relevant departments issued demolition permits for Yushun Tong Company and Mengke Real Estate.
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