Further Changes In China´s Real Estate Regulations

Urban Real Estate Law

Article 42 of the Property Rights Law allows for the expropriation of private property in the public interest in accordance with the authorization, and following procedures "provided by law." The Regulations for Administration of the Removal of Urban Houses,enacted by the State Council in 2001, previously governed expropriation, but these were made unenforceable upon implementation of the Property Rights Law. Accordingly, there are currently no laws detailing what authority is required and what procedures are to be followed for the expropriation of private property.

To remedy this, on August 30, 2007, the Standing Committee of the National People's Congress amended the Law on the Administration of Urban Real Estate ("Urban Real Estate Law") in order to authorize the State Council to promulgate detailed rules concerning expropriations. The amendment also states that the owners