我国土地征收制度的缺陷与对策

集体土地征收中农民权益受损的原因主要在于＂公共利益＂界定不明确、＂集体＂的内涵模糊、忽视了农民的土地承包经营权、国家垄断农地发展权、征地补偿收益分配秩序不明确、＂土地财政＂促使地方政府变相或强行征收集体土地及司法救济途径的缺失等方面。本文从法律的角度提出完善我国现存土地征收制度对策。     

计算被征收不动产价值的时间标准——美国法上的情形及其对解决“潘蓉案”的启示

被征收不动产的价值是变动的,征收补偿时,必须确定计算被征收不动产价值的时间标准。上海"潘蓉案"的重要争点之一就是应以潘蓉房产在何时的价值为补偿标准。美国法典没有对该问题的规定,部分州立法规定了计算被征收不动产价值的时间标准。美国法院一般尊重这些成文法,但如果在个案中适用成文法导致明显不公正,会援引《美国宪法第五修正案》中的公平补偿条款对时间标准做出微调。美国法的做法对我们解决"潘蓉案"有较大的启示意义。     

预售商品房按揭法律问题研究

本文通过研究国内按揭的内涵,对涉及按揭性质的抵押说、质押说、让与担保说提出了异议,从而将预售商品房按揭界定为一种新型的物的担保方式,并经过分析按揭中存在的风险,提出了完善我国按揭制度的法律构想。     

基于环境的管制措施与间接征收的冲突和协调

晚近处理间接征收的国际实践中,政府的环境管制措施未作为例外对待。环境征收措施基于企业社会责任、污染者负担原则、治安权例外、条约义务、预防原则、国家环境义务优先的理由应具有不予补偿的合法性。我国投资协定间接征收条款中对环境例外应予明确规定,并细化具体判断标准。     

住宅价格如何影响城镇居民消费——基于状态空间模型的研究

基于时变参数状态空间模型,利用1999年到2016年的季度数据测算了我国住宅价格对城镇居民消费影响的时变特征。结果表明,我国住宅价格对消费的影响整体上呈现微弱的财富效应,住宅价格的MPC位于0.0543到0.1155之间。2004年之前住宅价格上升对消费的影响波动剧烈,2004年后大致呈现先上升,2013年后开始下降的“倒U”型趋势。这说明近年来房价上升对消费的挤出效应迅速增强。鉴于此,从挤出效应传导机制入手,政府应该谨慎平稳调整房价、增加保障性住房供给,并提高城镇化进行中外来人口收入。     

Comment on Dennis P. Culhane et al.’s “public shelter admission rates in Philadelphia and New York City: The implications of turnover for sheltered population counts”

The article here extended reflects on the excessively narrow debate over the government-sponsored enterprises (GSEs)' cost-benefit transfer balance which had been raging for a quarter-century before the 2007–2009 financial crisis. That crisis has cast a new light on the actual costs of GSE operations and exposed the unsustainability of some of their benefits for homeownership. After injecting afew new findings into the traditional debate, this comment adds some of what has transpired in recent years and what may be inferred from it so far. Doing so brings additional analysis to bear on the article's conclusion that “the GSEs might not be justified” and “Maybe it is time for them to exit” although most politicians in the past have been disinclined to show them the door.     

The preservation needs of public housing

Abstract

The paper examines the preservation needs of public housing from the perspective of its physical condition and its ongoing repair and replacement needs. It begins by examining the range of needs that exist today, including the level of expenditures that would be required to put the stock in working order to meet existing codes, and to ensure the long‐term viability of the development. It then explores the level of expenditures that would be required on an ongoing basis to keep the stock in good repair and to meet future capital and preventive maintenance needs. The final section addresses several important policy issues, including overall funding requirements, the cost‐effectiveness of preservation efforts compared with vouchers and new construction, the special problems of troubled public housing authorities, and the need to establish stronger incentives for capital planning.     

Comment on Dennis P. Culhane et al.’s “Public shelter admission rates in Philadelphia and New York City: The implications of turnover for sheltered population counts”

Low-Income Housing Tax Credit (LIHTC) developments serve renter households with incomes between 30% and 60% of Area Median Family Income. Ideally, the program places units into neighborhoods where there is a shortage of units serving this cohort. LIHTC units are allocated to developers by state agencies through their Qualified Allocation Plans which should direct units to areas of need. Using a national database, this research examines where LIHTC developments were placed in service to determine whether these developments enter tracts experiencing shortages.

The LIHTC program is not directing units to those census tracts where there is a latent demand for units in this rent range. Rather, it is placing units into tracts that have surpluses. Equally, the program is not placing units in tracts with little or no affordable housing. This suggests that the program is not breaking down the income separation that exists in the nation's housing markets.     

The changing geography of metropolitan opportunity: The segregation of the poor in U.S. metropolitan areas, 1970 to 1990

Abstract

This analysis uses census tract data to measure the segregation of the poor in U.S. metropolitan areas in 1970, 1980, and 1990. Two measures of segregation are used: the indices of dissimilarity and isolation.

In 1990 the mean dissimilarity of the poor in the 100 largest U.S. metropolitan areas was 36.1, which is substantial but below the 60.6 dissimilarity of blacks. The 1990 isolation of the poor was 21.0. From 1970 to 1990, the dissimilarity of the poor increased by 11 percent, and the isolation of the poor rose by 9 percent; in contrast, racial segregation declined. Exploratory regression analyses reveal that income segregation in metropolitan areas was significantly greater in 1990 and increased more from 1970 to 1990 in the Northeast than in the South and West. Midwest areas generally were not significantly different from Northeast areas in 1990 segregation levels or in changes from 1970 to 1990.