Land expropriation, house demolition, and land acquisition are the large-scale activities that our people encounter most often and will have a huge impact on our own interests, especially land expropriation, without exception, have become the leader in these activities. But in fact, in addition to these activities, land bank projects are also often around us.
However, land reserves are different from activities such as land acquisition and house demolition. According to relevant laws and regulations, whether it is collective land expropriation or state-owned land expropriation, it is because of the needs of public interests that the land or houses of our people are occupied, for example, the local government needs to build a high-speed, build a high-speed railway, build a water conservancy project, etc., and after giving reasonable and fair compensation to the expropriated person, the expropriation can be implemented in accordance with the law.
In addition, land expropriation and house demolition are also special in that land expropriation is mandatory, if the expropriator still refuses to hand over the land or house after giving reasonable and fair compensation to the expropriated person, then the expropriation party can carry out compulsory demolition of the expropriated house or land with the permission of the court.
The land reserve generally refers to the behavior of people at all levels in accordance with legal procedures and within the scope of approval authority, storing or pre-development the land that has obtained the land use right through repossession, acquisition, expropriation or other means, and providing various types of construction to the society. In the vernacular, although there is a plan, what will a certain plot be used for in the future, but because there is no specific construction project at present, it is to "save" a plot of land through land reserve according to the annual land reserve plan, and then provide it to the land-using unit for construction when there is a specific project in the future.
So, what kind of land will be included in the land bank?Who is the main body of the land bank?What is the procedure for land banking?Recently, in order to further standardize the land reserve work, strengthen the management of reserve land, improve the ability of land market regulation and security, and promote the efficient allocation and rational use of land resources, according to the "Land Management Law", "* on Promoting the Conservation of Intensive Land Use" and other relevant policies and regulations, formulated and issued the "Nanning City Land Reserve Management Measures".
1. On the scope of land reserves.
According to Article 7 of the Measures for the Administration of Land Reserve in Nanning City, the following land can be included in the land reserve:
1) Due to the needs of the public interest or the implementation of urban planning, it is necessary to recover, acquire or within the scope of urban construction land, expropriated or converted land;
2) Idle land with the right to use shall be recovered in accordance with the law;
3) The land use right holder fails to pay the land price in full and in a timely manner as agreed, and the land is returned in accordance with the agreement.
4) The land used right holder fails to start development within the prescribed time limit, and the land is recovered in accordance with the contract;
5) Land use rights reclaimed in accordance with law if the land use right holder does not apply for renewal or the application for renewal is not approved, and the land is recovered according to law;
6) Approved scrapped roads, railways, airports, mines, etc
7) Due to the relocation, dissolution, revocation, bankruptcy, industrial restructuring or other reasons, the use of land recovered or acquired in accordance with the law;
8) The land that the land use right holder applies for acquisition;
9) State-owned land acquired by exercising the right of first refusal;
10) Non-business land and industrial land acquired by way of allocation or transfer, in accordance with the needs of land and spatial planning to change the use of commercial, tourism, entertainment and commercial residential and other business land State-owned construction land;
11) has gone through the procedures for the conversion of agricultural land and the approval of land expropriation;
12) within the administrative area of the city is not used or there is no clear right to use, no ownership dispute of state-owned construction land;
13) the municipal people's ** through the replacement of state-owned land;
14) Other land that should be included in the ** reserve in accordance with the law.
State-owned construction land that meets the provisions of Item 12 of this article shall be included in the management of the reserve land bank by the land reserve institution after the announcement of no less than 15 working days without objection.
From the above-mentioned laws and regulations, we can see that the land expropriated or transferred in patches and the idle land with the right to use in accordance with the law, and the land used by the land use right holder fails to pay the land price as agreed, the land returned according to the contract, and the land recovered from scrapped roads, railways, airports, etc., can be included in the scope of the land reserve according to law.
In practice, when the people encounter the activities of land reserves, they must promptly examine whether they belong to the category of land reserves, if the land still enjoys the right to use the land, has not paid the land price in accordance with the law, and is not idle, then it is recovered in the process of land reserves, and it is recommended that the people complain and report to the relevant departments at the next higher level as soon as possible.
2. On the subject of land reserve.
Under normal circumstances, the main body of land reserve is a public institution approved by the people of the city and county, with independent legal personality, subordinate to the land and resources management department, and uniformly undertaking the land reserve work within its own administrative jurisdiction.
What you need to know here is that land reserve is not an overnight thing, before the start of land reserve work, land reserve institutions need to preliminarily draw up an annual land reserve plan according to the summary situation, which will be jointly reviewed by the municipal natural resources department and the municipal finance department, submitted to the municipal people's ** for approval, and submitted to the higher natural resources department for the record. After the land reserve plan is approved, it will be included in the annual national economic and social development plan of Nanning by the relevant departments, and only then can specific land reserve work be carried out.
3. On land reserve procedures.
According to the provisions of the Nanning Land Reserve Management Law, if the land reserve involves new construction land, the land reserve agency shall apply for the relevant procedures in accordance with the procedures, first of all, planning and site selection. The natural resources department shall issue the blue line map of the land reserve according to the annual land reserve plan or the approval documents of the relevant departments. The second is to initiate the project, and the development and reform department will handle the project approval procedures for the land reserve project. The next step is to go through the pre-announcement procedures for land acquisition, implement land acquisition and demolition compensation and resettlement, handle the procedures for new construction land and use of forest land, and finally strip the topsoil and hand over the land.
Regarding the procedures for the acquisition and reserve of state-owned land use rights, it is clearly stipulated in the measures that the land use right holder needs to submit a written application for acquisition to the land reserve institution with relevant materials such as real estate ownership certificates, and the land reserve institution needs to determine whether to carry out the acquisition according to the financial budget and the actual situation of the parcel. Draw up a land acquisition compensation plan and submit it to relevant departments for review, issue a land acquisition reserve announcement and sign a contract for the acquisition of state-owned land use rights, and finally the acquisition compensation and land transfer.
After signing the acquisition contract, the land reserve institution needs to compensate the land use right holder in accordance with the state-owned land use right acquisition contract.
In practice, if the land reserve institution does not make any compensation for the land use right, then the land use right holder must immediately file an administrative lawsuit with the people's court with the help of a professional lawyer for such behavior, so as to protect their legitimate rights and interests in accordance with the law and avoid their rights and interests being infringed upon.