Forest Land Occupation and Operation Blocking Issues in Guangxi

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This is a memorandum reporting legal issues related to the forest land occupation and operation blocking situation at a state-owned forest farm in Guangxi Zhuang Autonomous Region. The memorandum is divided into five sections, of which the first section discusses the developments of rural land policies of China since 1949, including both the policies for agricultural lands in general and those specifically for forest lands. The second section describes the forest land history of the forest farm, focusing on events that may affect the forest farm’s legal rights to forest lands. The third section discusses the transfer of forest assets from the forest farm to the client, and the legal rights obtained by the client by way of such transfer. The fourth section analyzes in detail issues related to the ownership disputes over the forest farm’s forest lands, including the circumstances under which such disputes may arise, the legal rules for resolving typical cases of such disputes, and the procedures for the enforcement of government rulings in favor of the forest farm. The fifth section provides a summary of different categories of the local villagers/collectives’ acts of infringements of the forest farm and/or the client’s legal rights, and corresponding remedies available for rectifying such infringements. The last section summarizes the policy issued by the Government of the Guangxi Zhuang Autonomous Region for solving problems arising from the relocation of residents due to the construction of a reservoir, which are closely related to the interests of the forest farm, and discusses the experience that could be drawn for the client on this policy.

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