Land in rural areas and suburban areas belongs to the collective, except that it is owned by the state according to the law; Homestead, private plots and private hills are all collectively owned. Article 4 The expropriation of land shall be handled uniformly by the people's governments of cities, counties and autonomous counties, and the land management department shall be responsible for the specific implementation. No other unit or individual may requisition rural collective land.
Agriculture, forestry, marine, tourism, environmental resources, planning, public security, labor and other relevant departments and the people's government of a township (town) shall, according to their respective functions and duties, assist the land management department in land acquisition. Fifth expropriation of rural collective land, we should try our best to arrange the production and life of local farmers, and give appropriate compensation. Rural collective economic organizations and their members whose land is expropriated must obey the needs of national construction, actively support and cooperate with the implementation of land expropriation, and shall not obstruct the normal progress of land expropriation. Article 6 When requisitioning land owned by rural collectives, we must implement the policy of "cherishing and rationally utilizing every inch of land and effectively protecting cultivated land", and conform to the overall land use planning and urban construction planning according to the needs of the economic and social development planning of this special economic zone and its implementation. Article 7 The total amount of land requisitioned by the people's governments of cities, counties and autonomous counties shall not exceed the annual construction land plan targets issued by the provincial people's government; Due to special circumstances, it should be reported to the provincial people's government for approval, and the excess part will be deducted in the next annual plan. Unauthorized breakthrough in the occupation of cultivated land planning indicators, the provincial land management department shall stop accepting the construction land report. Article 8 For large-scale construction projects and projects occupying a large area of cultivated land, collectively-owned land shall be requisitioned in urban planning areas and scenic spots, and the planning administrative departments of cities, counties and autonomous counties shall jointly select sites with the land management departments to determine the boundaries and scope of land requisition. Article 9 The land ownership shall be determined first in land requisition, and the land management departments of cities, counties and autonomous counties shall issue a notice of land requisition to the land requisitioned units, and negotiate with the land requisitioned units on the compensation and resettlement plan within 30 days after the notice of land requisition is served.
If an agreement is reached through consultation, the land management department and the land-expropriated unit shall sign a land acquisition compensation agreement, which shall be signed and sealed by the legal representatives of both parties. Township (town) people's governments, offices and other non-land ownership units shall not sign land expropriation compensation agreements instead of land ownership units. Article 10 If, within 30 days specified in the preceding article, the land-expropriated unit refuses to participate in the consultation without justifiable reasons or fails to reach an agreement after three formal consultations according to the prescribed procedures, the land management department shall draw up a compensation plan for land expropriation, and the people's governments of cities, counties and autonomous counties shall make a decision on land expropriation in accordance with the relevant provisions.
If the land-expropriated unit refuses to accept the land-expropriated decision, it may apply to the people's government at the next higher level for reconsideration within 15 days from the date of receiving the land-expropriated decision, or bring a lawsuit directly to the people's court. If it neither applies for reconsideration nor brings a lawsuit nor complies with the land requisition decision within the statutory time limit, the people's government of the city, county or autonomous county shall apply to the people's court for compulsory execution. Article 11 Before the expropriated land is put into development and construction, the original users are allowed to continue to use it, but the original users are not allowed to build houses or other permanent attachments on the land or plant long-term crops. Twelfth "Hainan Special Economic Zone Land Management Regulations" mentioned in item (4) of Article 27 of the land compensation fee for the expropriation of other land, according to the standard of compensation fee for the expropriation of dry land to pay half.
The following land shall pay land compensation fees in accordance with the standards stipulated in the preceding paragraph:
(1) Paddy fields, dry fields, vegetable fields, gardens and fish ponds that have been abandoned continuously for more than 3 years;
(two) land that has not been updated within 5 years after logging and burning;
(3) Non-cultivated land;
(four) the actual number of surviving plants per hectare did not reach the reasonable number of scattered plants. Thirteenth expropriation of land to grow perennial crops, the compensation for young crops, has entered the harvest period according to the number of plants, has not yet entered the harvest period can be compensated according to the actual planting area; Bamboo forest and short-term crops can be compensated according to the actual planting area. Article 14 If the national construction needs to recover the state-owned land originally allocated to rural collective economic organizations, state-owned farms, forest farms, saltworks and other units or individuals, compensation for young crops shall be given according to the input of the original land-using units or individuals, and appropriate resettlement subsidies, compensation for ground attachments and compensation for land development inputs shall be given; Belonging to infrastructure projects (except large and medium-sized water projects) construction land, resettlement subsidies and land development investment compensation will not be given.