The Sequencing of Property Rights and Planning Powers: Implications for Urban Redevelopment in China and the U.S. 辨析产权与规划权力的关系——中国控规与美国区划法的比较研究


While similar to American zoning in many technical aspects, Chinese detailed control plans play a substantially different role in the distribution of property rights. Whereas American zoning was invented long after privately held property was widespread, and hence represented a diminution of extant property rights, Chinese detailed control plans clarify what property rights the state will sell to developers. As a result, the American zoning regime is more tolerant of developers seeking changes to zoning, while the Chinese system generally sees such behavior as an effort to get discounted access to state resources. Nonetheless, developers in both countries seek to influence planning restrictions: American developers do so through open negotiations with local governments, while Chinese developers are forced into more surreptitious lobbying. In the long run, inflexible planning restrictions make it very hard for anyone but the government to legally undertake even the smallest urban redevelopment projects in China; on the other hand, the state is able to get a higher share of land use value. Hence, while Chinese detailed control plans may formally resemble American zoning, they perform different functions with sharply different implications for urban development and redevelopment. 


Last updated on 03/23/2021