Land expropriation is decided by the state and belongs to the state power, without the consent of the villagers.
Land is the material basis closely related to human survival and development. Including cultivated land, woodland, grassland, rivers, lakes, urban and rural residential and public construction land, industrial and mining land, water conservancy facilities land, military facilities land and so on. It is limited, irreplaceable, permanent and immovable. According to the Land Management Law, the state can expropriate or requisition land according to law for the needs of public interests, and give compensation. From this, it can be seen that when someone else comes to expropriate your land, first of all, you should look at the nature, whether the other party advocates public interests, and secondly, whether the state expropriates it according to law, because no organization or individual has the right to expropriate land except the state. Only the people's governments at or above the provincial level have the right to examine and approve land acquisition. If the land requisition plan of public interest is approved, it does not need to be signed by the villagers collectively. Expropriation is an act of the state, and only the state has this right. The purpose of expropriation is for the public interest, not for building houses. So if it is for commercial use, it must be signed by the villagers. But also compensation for land expropriation.
Legal basis:
Land Management Law of the People's Republic of China (revised on 20 19).
Article 11 Land collectively owned by peasants belongs to village peasants collectively according to law, and is managed by village collective economic organizations or villagers' committees; Farmers who have been collectively owned by more than two rural collective economic organizations in the village shall be managed by the rural collective economic organizations or villagers' groups in the village; Farmers who have returned to their hometowns (towns) are collectively owned and managed by rural collective economic organizations in townships (towns).
Forty-fifth in order to meet the needs of public interests, under any of the following circumstances, it is really necessary to expropriate land collectively owned by farmers, which can be expropriated according to law:
Military and diplomatic needs;
(two) the government organization and implementation of energy, transportation, water conservancy, communications, postal and other infrastructure construction needs land;
(3) public utilities such as science and technology, education, culture, health, sports, protection of ecological environment and resources, disaster prevention and mitigation, protection of cultural relics, comprehensive community services, social welfare, municipal utilities, special care and resettlement, and protection of heroes and heroes need land;
(four) the land needed for poverty alleviation and relocation and affordable housing projects organized and implemented by the government;
(5) The local people's governments at or above the county level need to develop construction land within the scope of urban construction land determined in the overall land use planning with the approval of the people's governments at or above the provincial level;
(6) Other circumstances in which land collectively owned by farmers can be expropriated for public interests.
The construction activities specified in the preceding paragraph shall conform to the national economic and social development planning, the overall land use planning, urban and rural planning and special planning; The construction activities specified in items (4) and (5) shall also be included in the annual plan for national economic and social development; The development plots specified in Item (5) shall meet the standards set by the competent department of natural resources of the State Council.