Reading guide:
The situation in which the national land-expropriated farmers can enjoy the compensation of resettlement fees, the owners of the expropriated land, and the persons who have already been qualified as members of the collective economic organization when the land requisition compensation and resettlement plan is determined. According to the laws of our country, if the cultivated land other than the basic farmland is expropriated more than 35 hectares, it needs to be approved.
First, under what circumstances can farmers enjoy compensation for land acquisition and resettlement fees from the state?
At the time of land acquisition, those who have already been qualified as members of the collective economic organization can obtain compensation for land acquisition and resettlement when determining the compensation and resettlement plan for land acquisition.
Land compensation belongs to rural collective economic organizations;Ground attachment and seedling compensation belongs to the owner of ground attachment and seedlings.
Land requisition and resettlement subsidies must be earmarked and shall not be diverted for other purposes. If the persons who need to be resettled are resettled by the rural collective economic organization, the resettlement subsidy shall be paid to the rural collective economic organization and shall be managed and used by the rural collective economic organization;If it is resettled by another unit, the resettlement subsidy is paid to the resettlement unit;If unified resettlement is not required, the resettlement subsidy shall be paid to the individual resettler, or the insurance premium of the resettled person shall be paid after approval by the resettled person.
The people of cities, counties and townships (towns) should strengthen the supervision of the application of resettlement subsidies.
Second, land acquisition requires approval in several cases.
1.The requisition of basic farmland or the requisition of land contains basic farmland.
2.More than 35 hectares of cultivated land other than basic farmland.
Basic cultivated land other than farmland is ordinary cultivated land.
3.Other types of land exceed 70 hectares.
That is to say, if the expropriated land exceeds 70 acres, no matter what type it is, it needs to be allowed to be expropriated, covering all land other than cultivated land, including less than 70 hectares of other land with less than 35 acres of cultivated land, and the sum of the two exceeds 70 hectares.
4.Provinces, pavement and pipeline projects, large-scale infrastructure construction projects, and construction projects approved by the people of autonomous regions and municipalities directly under the Central Government occupy land, involving agricultural land.
How to deal with farmers' refusal to expropriate land?
Remind you that if a farmer refuses to requisition land, he shall apply for administrative reconsideration, and the land shall be requisitioned after the two parties reach an agreement;
Upon the application of the parties, it may be submitted to the expropriation department for ruling, and if the ruling cannot be resolved, an administrative lawsuit may be filed with the court.
Land expropriation is an act of the state, and land acquisition can be done by reaching the vast majority of the collective population.
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