Chinese Fight A New Kind Of Land War Many Citizens Battling Tide of Development
By John Pomfret Washington Post Foreign Service Sunday, September 14, 2003; Page A01
NANJING, China -- On Aug. 22, Weng Biao was preparing to buy a lunch of steamed fish and pickled vegetables for his wife when officials from the government Office of Demolition showed up at his family's two-room shack in a small field slated to become a shopping mall and ordered him to come with them.
A 39-year-old part-time laborer with a bad leg, Weng limped to the office 200 yards away. Minutes later, several other officials barged into Weng's house, took a jerrycan of
gasoline and forced his wife, 11-year-old son and 74-year-old father outside. A bulldozer arrived and knocked down the house even though local residents had been given until Aug. 30 to leave the area, witnesses and Chinese reporters said.
At the Office of Demolition, officials say that Weng, despite his handicap, overpowered six men in the office, poured the can of fuel on himself and sparked a fire, killing himself and burning the six men. But Weng's neighbors and family members say they suspect that demolition officials sprinkled his body with fuel to persuade him to stop demanding more compensation for his condemned house. Somehow the fuel ignited.
Weng's story is the latest tragedy in a war being fought across China pitting a juggernaut of development against growing grass-roots resistance. At the center of the battle is property, the very issue that put the Communist Party in power 54 years ago with the promise of land for peasants.
The Communists soon confiscated the land for collective farming but then redistributed it as communes collapsed. Today, only the state owns the land, but peasants and city residents have rights to own buildings and lease land.
These limited property rights have become a flash point at which people are confronting authorities, as well as a platform for unprecedented civic activism. Citizens groups are accusing local governments and government-backed developers of expropriating farmland to enrich themselves, failing to offer a fair market price for buildings and homes they condemn and routinely violating contracts on the size and quality of new apartments.
The battle is being played out in cities and villages over the building of new roads, shopping malls, office towers and sprawling satellite towns. Local governments and developers, working to remake the face of China, are being opposed by a disorganized array of homeowners, villagers
and residents in newly minted condominiums seeking to defend these rights.
High-Stakes Dispute
The stakes are enormous. China's real estate boom is one of the world's biggest. Cranes punctuate the skylines of every city. Urban areas are filled with construction crews banging through the night. The Beijing city government, for example, estimates that by the time China hosts the Summer Olympics in 2008, investors will have dumped $200 billion into the real estate sector in Beijing alone, according to a Western banker who attended a meeting with government officials. In the past three years, individuals and companies have taken out mortgages on residential real estate worth $1.4 trillion, according to the State Statistical Bureau.
The political stakes are high as well. In the cities, a generation of grass-roots leaders is emerging from newly formed associations of middle-class apartment owners to fight the often corrupt entanglements of developers and
local Communist Party functionaries. In recent elections in the southern city of Shenzhen, 10 candidates running for positions in the local People's Congress came from apartment-owner associations. The Communist Party was so threatened that it ensured that only one of them -- a loyal Communist Party member -- won, according to sources in that city's bureaucracy.
"We are at the beginning of a bloodless revolution," said Wang Yanbin, 49, an executive at a South Korean-owned computer company. As an owner of a $100,000 apartment at the tony Atlantic Place complex in Beijing, he helped beat back a plan by the developer to build more apartments instead of the park, lake, tennis courts, swimming pools and clubhouse that had been promised. "During the Tiananmen Square protests, nobody had any property, so you couldn't really talk about real interests. There were just ideals," he said. "Then there was no middle class. Now there is a middle class, we have property, we have something to lose,
so we have something to fight for."
At a recent meeting of a committee preparing elections for an owners' association at Atlantic Place, Wang jousted verbally with local government officials who insisted that they, too, should be included in the group even though none of them were owners in the complex.
"You are supposed to be a referee. How can you want to be a player at the same time?" Wang asked one official who was not accustomed to being challenged. She replied that even though China had just passed a national law allowing owners associations, Beijing's regulations on the issue had yet to be issued.
"I can't imagine that Beijing's rules would contradict the national law, can you?" Wang asked, again tongue-tying the bureaucrat.
In the countryside, meanwhile, villagers are banding together to fight unauthorized expropriation of their land, which is turned into roads, factories, villas for rich Communist Party officials or other developments. From 1999
to 2002, about 300,000 acres were illegally seized from 1.5 million farmers, according to conservative estimates by the Ministry of Land and Resources. Bloody protests over this issue have erupted across China.
On Aug. 4, thousands of residents of a village outside the city of Shantou in Guangdong province blocked a highway connecting Shantou to Shenzhen, about 175 miles to the southwest, after they failed to get compensation for their land, which was being confiscated to build factories in addition to the highway.
Punishment for organizers of such protests can be swift. Only 18 days after the highway demonstration, two men accused of organizing it were given jail terms of four and five years, respectively. One village leader brought a petition with the names of 5,500 villagers and their thumbprints to Beijing, 1,300 miles away, in a vain attempt to get central government officials interested in the case.
Widespread Corruption
Zheng Enchong, a lawyer who has helped people in the burgeoning metropolis of Shanghai bring more than 500 cases against developers, was tried last month on charges of revealing state secrets in what other lawyers have said was a move by the government to stop lawyers from taking such cases. He has yet to be sentenced.
Zheng was arrested because he told his clients that Shanghai's wealthiest man, Zhou Zhengyi, obtained a 360,000-square-foot swath of land in the city's center for free by bribing senior party officials.
Ranked as one of China's richest men by Forbes, Zhou apparently will receive a slap on the wrist for the deal. He was arrested last week but charged with minor violations, including falsifying reports on registered capital and manipulating securities prices, according to Chinese news reports.
Widespread corruption is the main factor fueling the real estate war in China. Local government officials, factory bosses and other Chinese in positions of power sell the
rights to use chunks of land to developers for a low price plus a hefty kickback. They then collude with gangs to oust villagers or urban residents of the area. The compensation paid to those residents, if any, is often a fraction of what the property is really worth. In Nanjing, about 150 miles northwest of Shanghai, Weng's family was offered $10,000 for their house, not enough, his wife said, to make a deposit on another residence.
When a development is built, corruption kicks in again. Apartments in China are usually sold before they are completed. Take the case of Beijing City Plaza, the city's first apartment complex opened to foreign buyers. The brochure advertises it as a "monumental emblem of modern life."
Residents were promised a swimming pool, tennis courts, imported kitchen and bathroom fixtures and hot-spring waters pumped into their homes. They received none of those amenities. When residents teamed up to try to form a homeowners association, the developer shut off the
electricity and water. Li Wei, an executive at a Beijing electronics company, bought an apartment in the complex in 1997. It was supposed to be 1,000 square feet. He and his wife felt it was smaller. They asked the developer to measure it. Then they asked to see the developer's measuring stick.
"It was amazing," Li recalled. "They were using a ruler that was 15 percent shorter than a normal ruler."
Protests, however, have forced some developers and the government to begin to change.
On Sept. 1, the State Council, China's cabinet, issued new regulations allowing the formation of apartment owners associations.
In Nanjing, on Sept. 5, the city government ordered a halt to most demolition work. This followed a decision in late August to consider increasing the amount of compensation granted to homeowners who live on land slated for redevelopment.
But that, Zhou Jie said, did not save her husband, Weng Biao. She wants an investigation.
"He has a disability and he hadn't even had lunch, so how could he overpower six strong and normal men?" she asked, in a phone interview from a Nanjing hotel where police have placed her and her son under house arrest.
Why, she asked, was her husband left on the office floor for 30 minutes before an ambulance was dispatched to help him, an allegation also reported by the Chinese news media.
The other six people injured in the fire fled the building and received medical attention almost immediately. Weng, burned over 90 percent of his body, died on the morning of Sept. 6.
Zhou said police told her she would receive no compensation for Weng's death despite widespread suspicion that he did not intentionally set himself on fire. Police also told Zhou that they would force her to pay for her stay in a hotel under house arrest by docking $1,500 from the $10,000 the city was planning to give her for demolishing her family's house.
"So I told them I had to leave the hotel because I couldn't afford it," she said. "But they wouldn't let me go. Today my son asked me if we were in jail. I guess we are. But it's a jail where you have to pay rent."
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