Rule of law upheld in house demolition

A HOUSE DEEMED illegal building will finally be torn down after 14 years of negotiations between the owner and the Shanghai urban management authorities. Beijing News commented on Saturday:

Netizens’ opinions on the Shanghai “nail household”, whose owner refused to relocate and give way to authorized urban planning, are mixed. Many extol the patience of the local urban management officials for not coercing the house owner into relocating and, instead, continued the negotiations until a solution was found. Some, however, criticize the obstinate family for being selfish and greedy, because the position of their house has prevented the road from being widened for 14 years.

Indeed, what the Shanghai urban management officials have done is in line with the rule of law. Speculations over why the negotiation took 14 years are uncalled for as long as the family’s appeal was justified.

During the lengthy negotiations both sides managed to stay rational and calm, leading to a peaceful settlement. The case is an apt example of how to follow China’s property law, which was passed in 2007 after eight readings, a year before the Shanghai road expansion plan was finalized.

The Shanghai family said they were under tremendous pressure during the past 14 years and their living conditions were compromised because of the “isolated” nature of the house. They, too, have paid a big price for standing their ground.

To better deal with such “nail house” problems and reduce the waste of public resources, enforcers at all levels must come up with a more efficient, innovative negotiation approach within legal boundaries.