General procedure of land expropriation
I. Pre-requisition notice
The State Council's Decision on Deepening Reform and Strict Land Management (Guo Fa No.200428) stipulates: "Before land acquisition is submitted for approval according to law, the land-expropriated farmers shall be informed of the purpose, place, compensation standard and resettlement method of land acquisition".
The Guiding Opinions on Improving the Compensation and Resettlement System for Land Requisition stipulates: "Before the land requisition is submitted for approval according to law, the local land and resources department shall inform the rural collective economic organizations and farmers of the land requisition purpose, place, compensation standard and resettlement method in writing. After the notice, all the attachments and young crops on the ground that have been planted, planted and built by the rural collective economic organizations and farmers whose land has been expropriated will not be compensated during land acquisition. "
As can be seen from the above provisions, it is the legal duty of the land administrative department to inform the rural collective economic organizations and farmers who have been expropriated before the land acquisition is submitted for approval. The failure of land administrative departments to perform this statutory duty is administrative inaction. It is not illegal for landless peasants to build new attachments on expropriated land without being told.
In practice, many land administrative departments have never informed the landless farmers, but only informed the village collectives. However, after the approval of land acquisition, the so-called new attachments built by farmers on the ground after the notice were not compensated on the grounds that farmers had been told about land acquisition, which led to continuous contradictions. More importantly, if farmers are not satisfied with the proposed use, compensation standards and resettlement methods, they also have the right to raise objections to the compensation standards and request a hearing. If farmers whose land has been expropriated are not informed, these rights can hardly be guaranteed.
Second, the status quo investigation and confirmation
The State Council's Decision on Deepening Reform and Strict Land Management (Guo Fa No.200428) stipulates: "The survey results of expropriated land must be confirmed by rural collective economic organizations and farmers; When necessary, the land and resources department shall organize a hearing in accordance with the relevant provisions. Relevant materials known and confirmed by land-expropriated farmers should be used as necessary materials for land acquisition and approval. "
The Guiding Opinions on Improving the Compensation and Resettlement System for Land Requisition stipulates: "Confirm the results of land requisition investigation. The local land and resources department shall investigate the ownership, type and area of the land to be requisitioned and the ownership, type and quantity of the ground attachments, and the results of the investigation shall be confirmed with the rural collective economic organizations, farmers and property owners of the ground attachments. " .
According to the above provisions, if the land administrative department fails to carry out an investigation on the current situation of land and fails to let the landless farmers sign to confirm the land status, the land transfer authority will not approve the land use.
In reality, many farmers didn't sign their land status at all, but some of the land requisition materials reported by the land department were signed by farmers, most of them were signed by village cadres and others, which deceived the land granting authority by fraudulent means. When reviewing the land grant, the land grant institution will generally conduct a written review instead of personally verifying with the farmers whose land has been expropriated. This has caused the situation that the expropriated farmers have not signed and confirmed, and the land is still approved for expropriation. Expropriated farmers should promptly report this situation to the relevant departments, or safeguard their legitimate rights and interests through legal procedures.
Third, consult opinions and organize land acquisition hearings.
The Guiding Opinions on Improving the Compensation and Resettlement System for Land Requisition stipulates: "Before the land requisition is submitted for approval according to law, the local land and resources department shall inform the expropriated rural collective economic organizations and farmers, and have the right to apply for a hearing on the compensation standard and resettlement method of the expropriated land. If a party applies for a hearing, it shall organize a hearing in accordance with the procedures and relevant requirements stipulated in the Provisions on Hearing of Land and Resources ".
During the hearing, the organ responsible for organizing the hearing shall present and explain the relevant evidence of the compensation standard and resettlement method to the farmers at the hearing. Farmers whose land has been expropriated may put forward their own suggestions if they think that the compensation standards and resettlement methods formulated by the land expropriation authorities are insufficient. If the suggestions made by the farmers whose land has been expropriated are reasonable and legal, the land expropriation authorities should consider changing the compensation standards and resettlement methods again. The hearing organ shall form a record of the objections and suggestions put forward by the land-expropriated farmers, and this record is also an essential material for examination and approval. The reality is that the landless peasants have not received the hearing notice from the land acquisition authority at all, but have been said to have given up the hearing right.
Four, the organization, review and reporting of land acquisition materials
The administrative departments of land and resources of cities and counties shall, according to the survey results of land acquisition, the compensation standards for land acquisition and resettlement plans drawn up by the people of cities and counties, and the relevant materials of construction projects, draw up plans for agricultural land conversion, supplementary cultivated land, land acquisition and land supply according to law, prepare a declaration manual for construction land (hereinafter referred to as "one book and four maps"), and formally report it to the people's government at the county level for examination and approval after preliminary examination. At the same time, the people's government at the county level shall issue explanatory materials on the legality of the compensation standard for land acquisition, the feasibility of the resettlement plan and the measures for properly resettling the production and living security of landless farmers; The people's government at the county level shall explain the adoption of the opinions of the farmers whose land has been expropriated.
Verb (abbreviation of verb) Examination and approval of land requisition.
Land requisition materials reported by people in cities and counties shall be accepted and reviewed by the departments (bureaus) of land and resources of provinces (autonomous regions and municipalities directly under the Central Government). Where the land acquisition materials are complete, the land acquisition procedures are legal, the land acquisition compensation standards meet the statutory requirements, the resettlement plan has been determined, and the city and county people have issued explanatory materials, they should be submitted to the provincial people's government for approval. If it must be reported to the State Council for approval, it shall be reported to the State Council for approval after being audited by the people's governments of provinces (autonomous regions and municipalities directly under the Central Government). The Department of Land and Resources (Bureau) will submit the land acquisition materials to the Ministry of Land and Resources for review. After the land requisition is approved by the people's government of the State Council or the province, the land requisition approval document shall be issued by the Provincial Department of Land and Resources or the Ministry of Land and Resources. As can be seen from the above introduction. In China, only the people of the State Council and provinces (autonomous regions and municipalities directly under the Central Government) have the right to approve land expropriation. People in cities and counties are the subject of land acquisition, but they are not the subject of land acquisition approval. In practice, people in many cities and counties illegally occupy farmers' land while applying for approval. This is a serious violation of the law, because it is not the people in cities and counties who report the land expropriation, but the provinces or the State Council will definitely approve the land expropriation.
Intransitive verb land requisition announcement
After the land acquisition project is approved according to law, the people's governments of cities and counties and the land administrative departments of cities and counties shall promptly issue two land acquisition announcements, namely, the land acquisition announcement and the land acquisition compensation and resettlement plan announcement. According to the provisions of the Measures for the Announcement of Land Expropriation, the announcement of land expropriation shall be issued by the people's governments of cities and counties within 10 working days from the date of receiving the approval document of the land expropriation plan, and the contents of the announcement include:
(a) land acquisition approval authority, approval number, approval time and purpose;
(two) the ownership, location, land type and area of the expropriated land;
(three) the standard of compensation for land acquisition and the way of agricultural personnel placement;
(four) the time limit and place of land acquisition compensation registration. The announcement of the land requisition compensation and resettlement plan shall be implemented by the land administrative departments of the city and county. The contents include:
(1) The location, type and area of land requisitioned by collective economic organizations, the types and quantities of attachments and young crops on the ground, and the number of agricultural population to be resettled;
(two) the standard, amount, payment object and payment method of land compensation fee;
(three) the standard, amount, payment object and payment method of the resettlement subsidy;
(four) compensation standards and payment methods for attachments and young crops on the ground;
(five) the specific placement of agricultural personnel;
(6) Other specific measures for land requisition compensation and resettlement.
The land acquisition project has not been approved by the provincial people's government or the State Council. The land and resources management department that issued the pre-requisition announcement shall promptly issue a written notice to cancel the original pre-requisition announcement.
Seven, the rights of landless farmers after the second announcement.
According to the provisions of the Measures for the Announcement of Land Acquisition, if the expropriated rural collective economic organizations, rural villagers or other obligees have different opinions or request a hearing on the compensation and resettlement scheme for land acquisition, they shall submit them to the relevant land administrative departments of the municipal and county people's governments within 10 working days from the date of the announcement of the compensation and resettlement scheme for land acquisition.
The relevant municipal and county people's land administrative departments shall study the different opinions of rural collective economic organizations, rural villagers or other rights holders on the compensation and resettlement plan for land acquisition. If a party requests a hearing, it shall hold a hearing. If it is really necessary to modify the compensation and resettlement plan for land acquisition, it shall be modified in accordance with relevant laws and regulations and the approved land acquisition plan.
The relevant municipal and county people's * * * land administrative departments shall attach the opinions and adoption of the landless rural collective economic organizations, rural villagers or other rights holders when submitting the land acquisition compensation and resettlement plan to the municipal and county people's * * for approval, and hold a hearing, it shall also attach a hearing record.
After two land expropriation announcements, the right of dissent and hearing of landless peasants is their second right to speak on land expropriation compensation and resettlement. Although there is also the right to speak in the pre-levy stage, it is in the pre-levy stage, and the content is similar to the right to speak after the levy, but it is not completely consistent. In practice, many people think that opinions have been sought in the early stage of land acquisition, and there is no need to seek opinions for the second time after land acquisition is approved. It is a serious mistake to directly ask the landless peasants to vacate their land without issuing an announcement at all.
Eight, land acquisition compensation and resettlement plan approval and land delivery
After the land administrative departments of cities and counties announce the compensation and resettlement plan for land acquisition, if the parties concerned have no objection or improve the compensation and resettlement plan for land acquisition according to the relevant requirements at the expiration of the announcement period, the compensation and resettlement plan for land acquisition after soliciting opinions, together with the opinions and adoption of rural collective economic organizations, rural villagers or other rights holders, shall be reported to the people's governments of cities and counties for approval and submitted to the provincial land administrative departments for the record.
After the approval of the land acquisition compensation and resettlement plan, the people's governments of cities and counties shall timely organize the implementation of the land acquisition compensation and resettlement plan according to law, and pay the expenses determined in the land acquisition compensation and resettlement plan to farmers and village collective economic organizations in full and on time. The expropriated rural collective economic organizations and farmers have the right to refuse to hand over the land if the relevant compensation fees determined in the land acquisition compensation and resettlement plan are not paid in full. The relevant compensation fees determined in the land acquisition compensation and resettlement plan have been paid in full. If the land-expropriated farmers refuse to hand over the land, the people's governments of the land-expropriated cities and counties have the right to order them to hand over the land within a time limit. Land-expropriated farmers who have different opinions on the compensation standards and payment methods determined by the people of cities and counties should also hand over their land. Disputes over compensation standards can be resolved through administrative reconsideration, administrative litigation and administrative adjudication.
After you understand your legitimate rights and interests and how to defend your rights, you can defend your rights according to law.
Can farmers sell their land to developers to build houses? Farmers only have the right to use cultivated land and have no ownership. At the same time, the use of land by farmers cannot change the nature of land.
Can farmers sell their land to developers to build houses? My law cannot, but the reality can. You don't want to sell the land, you want the house as compensation.
* * * Is it legal to expropriate farmers' land for free and then sell it to developers at a high price? Then you should call the relevant departments of the central government and ask if there is such a requirement. Either you have a problem with Beijing, or you have a problem with local.
Is it legal for villages and towns to requisition farmers' land to build houses and sell houses? According to the laws of China, people with rural hukou can apply for a homestead for each family, and the houses in the homestead can be transferred and sold in the village, because rural land belongs to the collective. Rural villagers are not prohibited by law from selling their houses. According to the principle of "the land goes with the house", when selling private houses,
* * * Is it legal to buy farmers' land at a low price and sell it to developers at a high price? Of course it's legal. It must be legal. It's just that this law was made without consulting public opinion.
Is it legal for the villagers to stop the town from forcibly building on the expropriated land? Land sales that have not been discussed and approved by the villagers' meeting are invalid, and villagers can reasonably prevent forced recovery. According to the classification of land compensation in the State Council, the specific compensation standards need to be distinguished, including land compensation fees, resettlement compensation fees, attachments and young crops fees. The general compensation standard is very low and illegal. On the other hand, the expropriation of collective land is strict, and the approval procedures for converting agricultural land into construction land are complicated. The sale or transfer requires the consent of more than two-thirds of the members of the villagers' meeting or more than two-thirds of the villagers' representatives. Before these related procedures started, 100 mu of land suddenly disappeared. This is obviously a serious violation of law and discipline with black-box planning and collusion.
1997, the town * * * built a house to recover farmers' land for free and then sold it to developers. Can you make it up now? Your rights have expired. You should claim your rights when you build a town to recover farmers' land. If there were IOUs and agreements at that time, it would be difficult to claim your rights now. He has the right to deal with it because you voluntarily transfer it for free. If you are happy, you can get a piece of the action; if you are unhappy, you can get nothing. It's like if you don't want money to give something to others, others sell it for a big price.
However, you can still make trouble, there are many people. To appease you, you may be given a few pence.
* * * Is it legal to forcibly requisition land, resell real estate and build commercial housing? This must be approved by at least * * * at or above the county level, and it is legal to go through the collection procedures and pay compensation in accordance with the Land Administration Law and the Property Law.
Is it legal for the city to requisition 12000 mu of farmers' land at one time? Land requisition is legal as long as there are relevant documents.
There will be relevant compensation regulations when land is expropriated. Without compensation and legal procedures, it is regarded as illegal occupation of cultivated land. You can complain to the local land and resources department.