The public **** facilities land can be mortgaged?

Review of the case of a city municipal engineering construction limited liability company to the city real estate trading center for state-owned land use right mortgage registration procedures, after approval, the mortgage area of 16,884 square meters, the use of public **** facilities land, the type of land for the transfer, the original price of 11.36 million yuan and has been paid in full, the mortgage amount of 7.6 million yuan, the land formalities The site formalities are complete. According to the on-site survey, the site is used for stacking large construction equipment and building facilities. Divergent views For this special use of land, the city real estate trading center staff is extremely cautious, after reviewing a large number of relevant laws and regulations, in the mortgage registration, there is a difference of opinion. One opinion is that, according to the third paragraph of Article 184 of the Property Law and the third paragraph of Article 37 of the Guarantee Law, schools, kindergartens, hospitals, and other public welfare institutions, social organizations, educational facilities, medical and health care facilities and other public welfare facilities shall not be mortgaged, and therefore the company can not go through the procedures for registration of mortgages. Another opinion is that the land for the land grant, has paid the full amount of premium and obtain legal state-owned land use right certificate, according to the "urban real estate management law" article 48, paragraph 2 of the provisions of the right to use the land obtained by way of land grant, can be set up a mortgage; article 49 provides that real estate mortgages should be made on the basis of the certificate of the right to use the land, the certificate of ownership of the house. According to Article 36 of Chapter 5 of the Provisions on the Administration of Granting and Transferring of State-owned Land Use Rights in Urban Areas of Henan Province, land users who acquire land by way of grant or transfer may mortgage the land use rights to financial institutions or other creditors. Relevant documents such as the State-owned land use certificate and the contract on the granting or transfer of land use right should be handed over at the time of mortgage. Therefore, this piece of land can be registered as a mortgage. Author's Opinion In the author's opinion, land mortgage is a kind of security right and a kind of land other right. After the land mortgage, as the subject matter of the land does not transfer, it is still for the original user of possession and use, only to its representative of the economic value of a certain right (such as ownership, the right to use) as security. Although the land in question is land for public **** facilities, traditionally, land for public **** facilities is mostly acquired by way of allocation, which is naturally not suitable for mortgage. However, the land was acquired by grant, and the land-use right holder paid the corresponding consideration and has the right to utilize its own assets for financing. Moreover, the land use right owner is a limited liability company, which implements the tax system and financial accounting system of enterprises, and is a for-profit enterprise legal person, not an institution or social organization for public welfare purposes, and is not an object of adjustment of Article 37 of the Guarantee Law. It can better utilize the economic benefits of the land after taking out the mortgage. And because the land is now a land for stacking equipment, even if the mortgage is to be realized, it will not affect the national economy and people's livelihood. Therefore, the author agrees with the second opinion and applies the land mortgage procedure for it. (The author's unit: Henan Province Jiaozuo City Bureau of Land and Resources)