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Village #6:Yaojiayuan village–a stalled process

December 9, 2015

konjaku: village #6 is Yaojiayuan, still in the Chaoyang district.

姚家园村

According to the first article here (an excerpt), in 2011-09, “99% of the [village] residents [had]already moved out,” and demolition of the village was imminent. However, in the next article, from 2014, we learn some residents are still in their homes, the relocation and redevelopment process seems to be stalled.

Three listed up villages in Chaoyang begin the demolition process this month

http://news.ifeng.com/gundong/detail_2011_09/01/8841362_0.shtml

2011-09-01

In Chaoyang district there are nine listed up villages. At six of these — Beiwu, Beiyuan, Juzifang, Changdian, Yaojiayuan, and Xidian –the demolition and relocation process has already begun. For Beiwu and Beiyuan, the process has been completed. At Juzifang, Changdian, and Yaojiayuan, 99% of the residents have already moved out. At Xidian the non-residents are gone, and 87% of the residents have moved. In Guanzhuang, Shibalidian and Longzhaoshu, a survey of all the residents will begin in the first third of the month. In the second third, they will begin the process of moving out. At this point, for these three villages the process of entering bids for the demolition job has ended, the company to do the work has been chosen, the preparations to begin demolishing have been completed. The non-residents have been moved out, and the work of surveying the residents and their properties has begun.

Beijing Yaojiayuan village –demolished land becomes a mountain of garbage

http://house.chinadaily.com.cn/2014-02/19/content_17292277.htm

2014-02-19

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The other day, a Ms Zhao, resident of Yaojiayuan village, telephoned this newspaper to say that on the northwest side of the Yaojiayuan road intersection, there is a large section of land on which all the structures have been demolished, and now on the old site of what used to be homes, there is just a mound of garbage. The site is filled with wastewater and floating white plastic bags. Ms Zhao hopes that the relevant government departments will not ignore the condition of this type of site, in which the old buildings were demolished, but new construction has not yet begun.

On 02-10, this reporter went to the site at the Yaojiayuan road intersection inside Yaojiayuan village. According to the villagers, some years previously the project to demolish the village had begun. At present, approximately half of the buildings in the village have been demolished, and the rest are still intact, for all sorts of reasons. In some cases, the villagers are still negotiating over their compensation amounts.

This reporter observed that everywhere on the empty land the remains of demolition had not yet been cleaned up. On sites where houses had been torn down there were piles of smashed brick, on top of which household garbage had been thrown, items such as plastic bottles, forming a mound along with silty loess and seeping dirty water. This reporter discovered an area of over 1000 square meters, originally occupied by a wholesale market, now in ruins. It was a small mountain of construction rubble and loess (loose silty soil). Every time the wind gusted, the air around filled with swirling dirt. A villager, Mr Zhang, said that, ever since the village buildings began to be demolished, there has been no clean-up of any kind, not so much as a single person with a broom.The debris has not been sorted. On the contrary, the area has become a fee-less garbage dump, over the objection of the villagers.

Residents who have not yet relocated told this reporter, since there has been no follow-up after the initial demolition, the pipes of the underground water system, either smashed or decomposed, have for an extended period been leaking water into the earth. The villagers can only watch helplessly as day by day, fresh, clear water flows out and is wasted. Also, there are some villagers who relocated, but their homes were not demolished. Only the doors and windows were taken out. These villagers have since come back, and without authorization have fixed up their old homes. Now they are renting them out to unidentified migrants, bringing about a hidden danger to the security of the village.

Villagers living in the vicinity of the empty land said the government should come back and complete the job, and clean up the environment after demolishing, as soon as possible.

Reporter Sun Xiaojie

konjaku: the next article, also from 2014, is about a site along Yaojiayuan Road. I’m not sure the area referred to corresponds with Yaojiayuan village, but it tells a similar story of a stalled process of development. Surrounded by tall buildings, there are small areas, including Yaojiayuan village, which are still in the process of disappearing or becoming something else. In these sites of transition, a different type of development springs up.

Yaojiayuan’s Unlicensed Morning Market disturbs social order

http://news.163.com/14/0320/03/9NOGFAEL00014AED.html
2014-03-20 03:11:41 Source: Beijing Daily

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Recently, a Mr Li, who lives in the Lishuijiayan residential community, wrote this newspaper, saying that opposite the Yaojiayuan road Tuanjiehu Primary School, since the second month of this year, some people without permission have built stalls and are holding a food market on a tract of empty land, upon which the buildings have been demolished. But since this market is not well managed, part of it has spilled over into the road, making it difficult for cars to pass through. Also, the market is next to the kindergarden and primary school, and every morning there is the noise of venders’ cries, which are loud and disturbing. Further, the market spews out trash everywhere. Those living in the residential community hope the government will, according to law, regulate the market and bring it up to standard.

On the morning of 03-14, this reporter went to Yaojiayuan Road, from the south side of Zongluquan. Yaojiayuan Road runs from east to west, and is a two lane road, with traffic running in both directions. But this reporter saw that across from the primary school, the south lane of Yaojiayuan Road was block by a line of stalls of the open air market. This turned the two lane road into a one lane road, and the section of road east of the market was cramped with cars trying to get through the narrow space. Mr Li told this reporter, that the vegetable market was on empty land which had gone through the demolition process. Originally on this land there had been a family home, which was slow in being demolished, delaying the construction of a further extension of Yaojiayuan Road. When that family eventually moved away in 2008, for some reason,construction of the new section of the road through this plot of empty land did not resume, leaving the road half completed. Seeing the land empty, some individuals built market stalls on it. About two years after it opened this market was forced to close, because its operation was non-standard. However, after half a year passed, on -2-28 of this year, it reopened.

This reporter walked through the market. There are a several lines of stalls, surrounded by corrugated iron fencing. Going through one entrance, this reporter saw venders selling flowering plants, cooked snacks, and daily necessities. There were also empty stalls, with a notice soliciting new venders.

Approximately 10 meters down the road from the west entrance to the market, there were three electrical poles with a tangle of wires hanging down. This reporter noticed that coming out of this dense tangle there was a slender white pipe and a coarse strand of electric wire following along with it, that going along the road, went into a prefab shed. This reporter could not tell if the white pipe was electric wiring or a water pipe. However, not far from the electrical wires, there were several water-logged sinkholes in the road, which pedestrians had to walk around. Inside the market were many built up sheds with stalls selling fruit and vegetables, Many people were coming and going, it was quite lively. There was also trash strewn about everywhere.

Since the eastern side of the market took over the sidewalk, passersby were compelled to walk into the market, past the stalls. This reporter heard that the volume of pedestrians was two to three thousand a day. Market customers and passersby were mixed, pushed together in a crowded space. “Because of the market taking up sidewalk space, a broad road has become a narrow road to walk through. Every morning it is packed with people. There really shouldn’t be a market here,” Mr Li complained.

Further, this reporter noticed that the newly constructed section of Yaojiayuan Road did not have a sidewalk or any traffic signs whatsoever. In every direction cars and pedestrians had no indications when to go and when to wait, therefore they were all snarled in a mess.

This reporter next went to interview an official in the Chaoyang District Liulitun neighborhood committee office. She said the empty land of demolished buildings occupied by the market is actually not part of the the road construction. In the overall urban plan, a Community Health Center is designated to be built on the site. At present the land in question is being run by a private company, it is not yet under government control. However, the neighborhood committee office will look into the complaints of the residents near the market and take appropriate action as soon as possible.

Reporter Sun Xiaojie, trainee, Yang Xingwei.

konjaku: next, moving up to 2015-09, we see the Yaojiayuan Village Committee as the agent of the next step of development. Whether the village as a whole still has residents or not, is fully cleaned up after demolition or not, is not the issue here. A group of relatively modest, medium sized businesses which once made a substantial contribution to the village economy are now considered obsolete. They must move away to make a place for, either another multi-story development, or, to become part of the green zone, as called for in the plan.

Chaoyang District Pingfang township Yaojiayuan village forcible demolition investigation

2015-09-09

http://www.falvyushenghuo.com/html/2015/diaocha_0901/6148.html

Yaojiayuan village, in the northeast of Beijing, between the 4th and 5th rings, in Chaoyang district Pingfang town, is a typical example of an urban village. It is close to Chaoyang Joy City (a large shopping mall), which has raised the real estate value of the village site. Already four high grade office buildings have sprung up in the Damei Center (a CBD development project).

2015-08, at the beginning of the month, businesses on the north side of the Damei Center contacted the office of the “Law and Livelihood” magazine. These businesses sit on land rented to them by Yaojiayan village. Now, they report that Yaojiayuan Village intends to demolish the buildings on this property along Yaojiayuan South Road,, including buildings built by the businesses themselves. The compensation offered by the village was far from adequate, and would result in a considerable loss. The businesses feel they are being wronged and have no options to redress, therefore they have contacted the media to get support for their case.

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(konjaku: in these photos, the businesses in question are one story factories or offices, surrounded by tall buildings)

2015-08-10 and 11, the Law and Livelihood reporter investigated this typical case of dispute involving the demolition of rented property in Yaojiayuan village.

For the reporter’s benefit, the businesses eagerly showed a copy of the demolition notice they received. Dated 2015-06-29, it bears the seals of the Yaojiayuan village committee and the Yaojiayuan Economic Cooperative. It reads, “To those affected parties, As called for in the Pingfang town development plan, your esteemed places of business are within the zone slated for demolishing. The Yaojiayuan Economic Cooperative, in accordance with the Pingfang town plan to implement the green zone, has repeatedly consulted with you on dissolving the rental contract and demolishing the buildings. Now, on receipt of this notice, before 2-15-08-01, you must demolish all buildings you have yourself constructed, and return the land to Yaojiayuan village. If you do not, the Yaojiayuan village entities will initiate proceedings to shut off the water and electricity, then will assist you in the demolition process.”

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The businesses addressed by the notice called into question the legal efficacy of the document. They said that except for this “Notice,” they have not received an official announcement of intent to demolish by the relevant government department. Obviously, this Notice is not the same as a government issued announcement. This is a notice sent by the village organization to each business individually. It simply means there is a row of businesses they want to raze to the ground.

Not wanting to watch helplessly their painstaking efforts of more than 10 years being swept away in a moment, the renters previously went to the village committee and the Pingfang government, formally inquiring as to what official documents existed that specified the levying of the land and the action to demolish, but they did not receive a satisfactory answer.

The reporter took a look at the rental contract. The landlord is named as the Yaojiayuan village technology development corporation. The lease was from 1999-01-01 until 2008-12-31. The rent is to increase 5% each year, and due in full at the beginning of each year. A supplement does deal with the buildings constructed by the renters. When the lease is concluded the landlord will take over the buildings, but will pay for their net value, at a depreciation rate of 10%, or the renters will dispose of the buildings themselves.

For many years, the renters have paid the rent on time, including the yearly increase. They have also given jobs to the villagers. Once the lease expired, although the two parties had not yet signed a new contract, the renters continued to pay the yearly rent in full, and continued to operate their businesses without being given any reason to be anxious about the future there. Some has increased their capital investment, and were hoping to develop further.

One morning, everything changed.

The renters said that for a number of years, Yaojiayuan village had given them support in the development of their businesses. Water and electricity service had been consistent. When the lease began, the businesses had some difficulty with the procedures to get business licenses, and the Yaojiayuan village committee had helped, providing the official seals and certificates, insuring the process went without a hitch.

After some ten years of expending their youthful energy and working hard, through sweat and toil they had begun to receive some reward, and managed to keep developing and expanding. As this reporter verified at the site, these businesses are not small. However, just by receiving one piece of paper, the notice of demolition, everything has changed. They have been given one month to relocate, with no advance warning, and with no reasonable offer of compensation.

The tenants have been told the compensation amount is determined by the 2002 policy for creation of the green zone, which pays 500 yuan per square meter of a buildings’ surface area. Manager of the Dataoke Restaurant said, “our area is 3750 square meters, which would provide us with compensation that comes to less than 2 million yuan. But our investment in the building was 17 million yuan and for renovations and decoration we invested 30 million yuan. We originally came to this site because Yaojiayuan village encouraged us, as they were attracting outside investment to the area. Because of their support we came here, now they want to take back the land. But isn’t there too great a disparity between the amount they are offering and the money we have invested?

At the Jinruihaoqifu Factory and Auto Repair, the owner says to creditors who have come demanding loan repayments, “You can take the equipment you see here. You can take the tables and chairs. Since I must vacate, I have no more use for them.” He said, “We were supposed to be out by 08-01. On 07-31 they shut off all the utilities. Before that we were in the process of renovating the factory. We never got a chance to finish.” Because the electricity was turned off, inside the factory it was hot and muggy. A middle aged man, his face drenched with sweat, shook his head and smiled bitterly. “In better times, we used to have ten or more Yaojiayuan villagers employed in our repair shop. But now we have a debt of over 1 million yuan to pay, and we don’t know what we are going to do.”

On 08-11, an unknown person smashed the glass front of their Home Auto Repair shop. The owner does not know if there is any connection to the impending demolition or not. They filed a report with the Pingfang police station, but so far the police have not done an investigation.

Next door to the Jinrui factory is a company called Creative Endeavors Foundation. This company is a pioneer in the field of creating new types of jobs, and job training for the handicapped. Their lobby is full of poster displays documenting their many projects which contributed to the public welfare. A staff member Mr Deng said, “for many years we have devoted ourselves to projects creating new types of jobs, training, and helping people get employment. We have poured back the majority of our profits into the company. After 15 years, we have 2200 square meters of space, and several hundred nationally registered patents. We were planning next year to get in the New Third Board (a national share transfer system for small- and medium-sized enterprises (SMEs), and in less than three years after that, to get on the Hong Kong Exchange. Even though demolition is imminent, a number of company staff members are still busily occupied at their work stations… it is unfortunate, that, before long all this will be gone.

On 08-11, this reporter went to the Pingfang township government office, and met with Son Qi, a media liaison staff member. This reporter expressed the wish to find out about the Yaojiayuan village plans for the land in question after demolition, about the details of the approval process for the plan, and what measures have been taken for compensation and relocation. At this, Son Qi demanded that the reporter submit these questions in written form, in a document certified with an official government seal, to be sent to her through the post.

After following these instructions, this reporter received a phone call from Son Qi. She said the Chaoyang District Department of Information also requested an original of the document with seal, and the reporter’s press card (not a copy). If this condition was fulfilled, the reporter would receive an answer. For a second time, this reporter submitted the requested documents. However, up until press time, no answer to the questions has been forthcoming, even though this reporter knows the documents were received by both government departments.

Since the demolition issue also involves a legal question, this reporter next contacted a legal specialist. This specialist said that under city planning and redevelopment law, levying village collective land for the purpose of constructing the green zone involved a series of steps. The items under consideration must be listed up, a plan developed, the affected land identified. A compensation plan for those areas must be drawn up. A public order of suspension of new construction or business development on the levied land must be published, etc., etc. Those persons whose land is levied have the right to participate in each step of the process. There have to be funds set aside to deal with all the costs of the project. Specifically, there has to be a follow-up procedure to ensure that villagers who have lost their land receive social safeguards.

Article 27 of the National Regulations for Levying Land and Compensation states that it is illegal to subject individuals to violence and threats, including cutting off gas, water, electricity, and blocking roads. It is also illegal to force people to move.

Because the vital interests of the tenants is at stake, they have the right to petition the government to make public all the steps of the process leading to demolition. They should receive compensation for the cost of relocation, plus reparation for the loss of business incurred during the process.

In 2014-09, the Central Commission for Enforcing Discipline issued a notice reinforcing the guidelines laid out in the Regulations: the government cannot demolish by force! The tenants expect Chaoyang District and Pingfang township to follow this notice. As quickly as possible they should respond with a reasonable, equitable, and legal answer to the tenants’ requests. This publication will continue to follow this story.

From the “Law and Livelihood” twice monthly magazine, published in the issue of the first half of the 9th month, 2015.

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