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Town government commitment for the relevant approval procedures

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发表于 2015-4-24 02:18:41 | 只看该作者 回帖奖励 |倒序浏览 |阅读模式
Phoenix Park villas door edition photography Express correspondent Sun Yuchun villagers hand there is the collective land contractual management warrants villa has been so idle, even the doors and windows are not installed
In land management, there is a word called "collected rents", referring to the local government to find land for construction and when faced with a higher threshold policy, rather than imposed from farmers lease land to lower cost of construction land, thus circumvent national policies. But this approach because it will largely disturb the land market, but also against the interests of farmers are banned countries.
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Dongfeng Town in Nanjing Lishui and dual licensing Ishimura, villa estate called "Phoenix Garden", built for many years, but nobody cares. This almost deserted estate behind, there is likely to "collected rents" problem - although the land has already been "bidding, auction," the program, but now, just hold the hands of the villagers then signed a land lease agreement.
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And local government officials also confirmed to reporters, including about 300 acres of land in the Phoenix Park, has not been used by the levy. How did levy to be able to become a listed state-owned land? Reporters interviewed after many days trying to solve the mystery.
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□ Express reporter intern Wu Shuang Sun Yuchun Introduction Section
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Regulations link
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Thorough investigation of illegal land rents collected
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● 2005 In August of Land and Resources issued a "resolutely stop" collected rents "illegal land use emergency notice" requirements severely punished "collected rents" illegal land use.
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● May 2006 and June, the Ministry issued a succession of "emergency notice on Further strict land management" and "strict law on illegal land resolutely stop emergency notice", notice reiterate: prohibited "rents Daizheng "and other farmers' collective use of agricultural land non-agricultural construction. While clearly the law: the law did not apply for agricultural land conversion approval, approved by the state personnel "collected rents" and other covers construction grant unlawful behavior; units and individuals without authorization by the "collected rents" area of construction, etc., covering unlawful acts shall be investigated for legal responsibility of the persons concerned.
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According to Xinhua
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Reporters visited
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Villa doors not installed, villagers mowing feed the geese
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Dual licensing Ishimura affiliated Lishui County at the southern end of town and Phoenix, and Gaochun county adjacent. Although belonging to the two counties, the streets of real estate advertising banner is also the "new choice Gaochun people" as a selling point, but here and now three thousand dollars of the price, compared to a few kilometers outside town gaochun cheaper by a mile.
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Along the road into the town to go to the periphery, not far from some of the new properties emerge. Among them,louboutin homme, including in the small town northeast orientation and Phoenix Phoenix Park, this town is the only villa project.
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Enter the Phoenix Park District, the entrance door carved with the head of the Phoenix, go inside, rockery pond, animal sculpture, looks very neat. A total of over 50 villas in the area, there are townhouses and single buildings. However, almost all the villas are not installed windows and doors, only a villa was renovated, the reporter after informed that this is the original developer of their practice model room. Go inside the villa, animal sculptures have been submerged weeds, only to see one of the villagers, being cut weeds to eat goose.
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Villagers around the introduction, after which villa built on idle. A janitor, said Phoenix Park is developed by a company called Mantingfang development.
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"No formalities, will buy ah." The villagers said that the developers also heard after the completion of the villa to pay land transfer, etc., but did not get the relevant documents.
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"These six or seven hundred thousand a villa to sell it!" Said a villager surnamed Luo said, farmers can not afford these villas, mainly sell to people outside, but there is no legal procedures, who would buy it? Looking at these villas, old Luo very distressed, "the land and garden together,http://onigdesign.com/error.html, even abandoned for so many years!"
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Reporters from the Phoenix Park information found on the Internet, developers marked Mantingfang Real Estate Development Co., Ltd. Nanjing, but reporters call the hotline published houses have been shut down.
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Phoenix Park, built in the old law of "land" on the real estate is located in the place, that there are three acres of dry land his family, and a total area of about 71 acres of the entire district. The land was still in the hands of the villagers,holllister france, places called "rice basket pier", belonging to a dual licensing stone Luo Village, two groups of villagers.
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According to the villagers say that in addition to the Phoenix Park, which occupies 71 acres of land, but there were another 200 acres of adjoining land is theirs, have built a few years now has deserted fish market, there is a " herb gardens, "the multi-storey residential district. In the fish market facilities, cement units have been built stalls, but empty, some people were occupying waste collection, community gardens grass actually in full swing, the second phase is under construction.
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Now, these new residential area, all the old law and the villagers' new neighbors.
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Relevant departments in Lishui file, Phoenix Park is called "Comfortable Housing Project." In this regard, the villagers were difficult to understand, because the lease agreement also wrote "Comfortable Housing Project", but eventually built a villa.
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1. lease
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In the end is not collected rents?
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Procedures for land acquisition in October this year, allegedly to go to in order to apply
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Villa looked at idle,http://bbs.sangebaba.com/forum.php?mod=viewthread&tid=2048967, the old law and the villagers mood is very complex, expensive villas certainly nothing to do with them, but in fact the land is still owned by them all, because they are holding the hands of a lease agreement. "Rent meant that I was the owner of the land, you can not rent the back, but now this way, we can come back yet?"
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Involve villagers in the hands have a lease agreement, the agreement on the Party and the People's Government, Dongfeng Town, Party of the villagers, "by the town government planning, construction works Healthy pier rice basket, is related to the dual licensing Stone Village Luo twelve teams, some villagers, through mutual agreement, entered into the following agreement. "
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The agreement, Party leased land farmers (time) for the long term. For rent standards, according to 480 yuan per year per acre of paddy fields, dry change the water every year 380 yuan per mu, dry land per acre per year to pay the standard $ 300. The villagers said that this standard has been adjusted, paddy has reached 600 yuan, 480 yuan in drylands. However, the villagers still feel this "rent" too low. After a consultation, and phoenix town government this year has agreed to raise the rent to 700 yuan, such as paddy fields.
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And villagers in the agreement, the rent paid in 10 years, beginning in 2005 the first 10 years of rent has been given the villagers, has not yet expired.
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"Since we rented land, is certainly not the construction of permanent buildings," the villagers said, very simply, these are mostly in the former lease farmland covers only a small part of the pond. There have also rent these places if still in the hands of the villagers, and that can farm?
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The villagers also confusion not only these, "the rent had gone to the town government, and soon built a villa sold real estate and big price, which makes us feel fooled, earned money to the developers."
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Interest is a major cause of the villagers now have different opinions, they write in a "reflected" wrote: "They should be more knowledgeable about the law ...... with so little rent than we the people, give developers in exchange for huge profits! "The villagers said that the town government in 2005 was mainly dry land leased, rented in 2006 is better paddy fields, the government got sold to developers after allegedly sold the villa of an acre of land with a two hundred thousand yuan But the farmers themselves in accordance with the first year of rent to count 600 acre, 10-year will 6000 yuan.
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Reporters learned from the relevant channels, a project of the Phoenix Park is 31 acres of land, 2005 by Lishui County Land Bureau auction listing, the last traded price of 375 million, an average of about 120,000 yuan per mu. The second phase of the project land auction in 2007 a total of about 40 acres, the total price of 7.7 million yuan auction, more than 190,000 yuan per mu.
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Difficult to see, in the villagers 'rent' forward and to developers "sell" between out the existence of a huge difference. Land price of a calculation period, 120,000 mu of land prices by 600 yuan annual rent calculation, you can rent for 200 years, with the second phase of 190,000 premium calculation, you can pay the rent 316 villagers.
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Villagers' land is currently in two contract period, two are from the beginning of 1996, the current round of contract for only 30 years. In the government and villagers lease agreement, also mentioned a sum: "At the end of the second round of land contract period, in the case of land without re-adjustment, the government and farmers to renew the agreement."
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"Said the lease agreement is, in fact, land sales agreement ah, but cheap!" The villagers said that such agreements do not recognize that they are now. This is not the essence of the "collected rents"? Because real estate is already built, but the land is still in the hands of the villagers, this is no time limit for the lease of the essence, it is likely that countries have already banned. In this regard, the reporter visited various departments were not clear, do not want to the characterization.
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But dual licensing Luo Shi villagers and a number of villagers told reporters made it clear that they certainly did not sign any land acquisition agreement. But before there was a town and village cadres holding a blank sheet of paper to tell you a signed, then that is also rented land, but the paper on top of what are not. The villagers do not know the signature of these signatures will not be treated as land use.
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And town party secretary Zhangquan Yu Feng said that for the demands of the villagers land, town leaders have recently promised to the villagers, it will go through the formalities of land acquisition in October of this year, a one-time payment of compensation, but may also have to protect the social security area. Some policies than ever before will have no small concessions.
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This is because at present, Nanjing has introduced a new land acquisition compensation document requiring Lishui County to develop new standards according to their own circumstances, this standard has the basic shape. He said that by October, the villagers can get compensation for land acquisition in accordance with the new standards.
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2. listing
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Collective land becomes state land?
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How not to get levy land auction procedures mystery
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Rural land to engage in real estate development, is to go through the process of collective farmers from the land, expropriation of farmland to do "occupation and retrieval", if the levy is the basic farmland, more very stringent approval process.
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However, this dual licensing Ishimura about 300 acres of land, at least the land acquisition work of the Phoenix Park project is still not done, the interview  confirmed to reporters that. But is this piece of farmland has not been charged, but in the end of 2005, 2007, respectively, into the market, after "trick,louboutin femme pas cher, auction" looks after the developer, and thus developed.
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"That people do not understand, is a typical cart before the horse." An industry source said the real estate sector.
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In an interview with reporters, Fangzhu Ren Lishui County Land Resources Bureau petition office also said that the land into the auction process,air max 95 pas cher, then sell the land for expropriation procedures should be completed by the collective land into state-owned land, and land transactions center will be paid to the cost of the land the town government, "the land must be expropriated, at least at the time when the bureau auction procedure is complete, the land after the auction shall also follow the appropriate proportion to the town government, including the villagers compensation part of the money the town government may be used for other construction projects of. "
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Then the land had in the end is how to enter the auction process it?
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Reporters last Friday to Lishui County Land Resources Bureau, Supervision Department regulations, a deputy chief, said Tang, will contact the relevant department on Monday, and strive out a written reply. But by Monday, Deng deputy chief said that the matter has been transferred to a Heke Chang, and Heke Chang is no clear answer. Fangzhu Ren Land Resources Bureau petition office later responded that want to around August 31, but as of press time reporter, has not yet received a reply.
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In this connection, experts NTU School of Law, said the developers do not need to get the state-owned land use right certificates, because you must be engaged in the development of state-owned land, since it is a lease, then there is no transfer of ownership,http://www.xmas-card.net, the bureau issued a maximum use of warrants, but can not grant state-owned land use right certificates.
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In addition, experts say that even the state-owned land to build villas are prohibited, then the occupation of agricultural land to build the villa is banned, but may include arable agricultural land, for the country is strictly protect arable land, and if there was a minute of prime farmland , also approved by the State Council, generally reach a certain number of acres of agricultural land is also subject to government approval, the present situation, if approximately three acres of agricultural land, the land must go through the formalities again, is unlikely.
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Doubtful
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1. The auction procedures who handled?
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2. The relevant procedures and who approved?
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3. to shoot
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Can batch?
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In 2003, the Ministry has issued a notice for the first time that "stop the villa land supply of land."
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2006, under the Ministry of Land issued "emergency notice on Further strict land management", reiterated stop the villa for the land in the country. In the same year,louboutin, the Ministry, the National Development and Reform Commission jointly issued the "prohibited land for the project directory (2006 version)," the notification requirement, villa real estate development projects included in the "ban the project directory (2006 version)." Where the inclusion of "prohibited directory" construction projects, land and resources management departments at all levels and investment related formalities are not allowed.
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2008, 2010, the State Council and the Ministry of Land Resources has issued the relevant notification requirements "for the land to the villa is strictly prohibited."
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State's repeated demands, why Phoenix Park villa project can get a state-owned land use right certificates, and through auction procedures? It is understood that before the land auction application developers, to provide design elements, the basic provisions of this nature, the volume rate of projects. The design features are available to Land Resources Bureau after examination by housing construction bureau. Why Land Resources Board to approval by the design elements, and the land auction to developers? In this connection, the reporter tried to verify Lishui County Land Resources Bureau, but did not get a clear answer.
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Doubtful
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1. You can cover the villa, who approved?
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2. Who developers get the green light to open?
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4. build a house
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Comfortable Housing Project?
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Why Comfortable Housing Project built a villa?
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What Comfortable Housing Project is? The villagers do not understand, and people always think it should be, for it was to the people living in the house. Some villagers said, at the same time, the Government is also committed to lease the land, will be synchronized to the infrastructure to improve the living of the villagers, including the construction of latrines, roads, street lights out, engage in water conservancy. This is also the villagers are very valued, but the reality is that until now, the town government in addition to a renewed commitment to commence construction of infrastructure as soon as possible, basically nothing happened.
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For Comfortable Housing Project, and the town party secretary Zhangquan Yu Feng explained: "It should be the concept of a well-off living environment it." But this is not the equivalent of expensive villas on sale it, deputy secretary Zhang said: "According to the understanding of the average person, it seems is relatively better to the people living in the house. "
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During the interview, Lishui departments did not give a precise definition Comfortable Housing Project. Reporters learned that, for the purposes of peaceful living projects in rural areas, which is to improve the living conditions of farmers as the main purpose, with a certain degree of welfare. Not to the farmers of the target population, the commercial development of high-priced house, how can dubbed the name of the Comfortable Housing Project, confusing.
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Doubtful
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1. Why is it called Healthy villas project?
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2. If the villagers understand the Comfortable Housing Project,http://59.78.96.61:8082/dhome/forum_thread.php?id=1598499, the town government-related commitments Why no movement?
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5. Vacant
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Why sales permit difficult?
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Because planning, land use,http://www.clarityenglish.com/englishonline/index.php?item/create_form/1, construction, three licenses have not run down?
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II do not permit sales
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Phoenix Park developer named Nanjing Mantingfang development company, with offices in Jiangning. A female staff member of the company, said that this project is a great project company, invested two thousand to ten thousand,http://adyeah.com/forum.php?mod=viewthread&tid=1083491, but now the project stalled. But for the main reason,http://paddyshop.jp/honey/honey.cgi, but not the villagers think of "renting out land development," out of the question.
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"Our land is purchased through auction procedure is to apply for a formal state-owned land use right certificates." The staff said, how the government brought the land from the hands of the villagers, the company is not clear, because the company is pay the land transfer. This is also confirmed by the bulletin from the auction.
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She said the real reason for the project did not lead to sales, the district is divided into Phase I and Phase II, a period of license sales run down, but two did not run down. "A two originally a whole, two get sales license, one can not sell. We are also very anxious!"
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Why did not permit the sale of two can run down? She said that because of the construction of two planning permits, building permits and construction permits did not land run down. And none of these pre-clearance, license sales is naturally not get.
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"When the Housing Pilot Project Phoenix is also associated with the town government and cooperation, the town government to introduce us when developers actually promised to help handle the formalities related to the planning and construction. And because failure to honor commitments, resulting in a current project does not approved the first building in the state. "She also said that when they put the relevant formalities regulatory fees to the town government.
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Lishui County Housing Authority Section towns interview with reporters, said the question of Phoenix Park Phase II, because the infrastructure fees in arrears, so do not get construction planning permits. Allegedly amounting to several million dollars.
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"Now the standard is to be considered in accordance with a building area of 120 yuan per square meter."  said, "if paid in around 2007, it is in accordance with the standard one square meter was about 75 yuan, but the drag now, standard on improved. "
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Why would developers fees owed it? In this regard, Wu Kezhang expressed do not know, but the developers have not approved the first building on the second phase of the project, it should be illegally built properties. Currently have to pay related fees, procedures are also "considered retroactive."
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Since it is illegal construction, why can the formalities? Is it illegal to pay money to be able to project through the legalization of it? In this regard, Wu Kezhang no clear answer.
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Town government promised the formalities?
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Housing Construction Bureau of  said they also heard of the town government to the developers promise formalities, as to whether the fees developers also handed over the town government, Wuke Zhang said there is a possibility, but the town government certainly did not give the money to the county.
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And  deputy secretary, said he did not know whether to divert, but he did not deny the development of the township is lack of funds.
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Town government formalities can promise it? Reporter consulted a legal expert, Nanjing University School of Law, he said, if it is not approved before the villa was built, did not sign first built, it certainly is a violation of national land laws, because the land is rented, then the nature of the land has not changed was not allowed in the building. If the higher-level government departments pursuant to investigate, then in accordance with the national "Land Management Law" and other developers would probably return the illegally occupied land, villas and even likely to be removed.
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Town government commitment for the relevant approval procedures, the developers also should not believe it. The expert said that because the town government to make a commitment to do the impossible, and therefore legally speaking, the town government should bear the liability. "Of course, the developers have to take responsibility, because he knows this is still the risk of impulse to do."
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The expert said that, so this is nobody knows for sure,http://www.prco.jp/~shake/apeboard/apeboard_plus.cgi?command=viewres&target=166367/, but in the end the law, then the law of the cost can only be borne by the parties.
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Doubtful
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1. do not permit, in addition to money, and land there is no correlation?
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2. If the town had promised to developers, in the end what is the purpose?
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