Reading guide:In China's rural areas, if peasants want to open up wasteland, they must apply to the village collective for approval, legally own the right to contract, or sign a contract in time, so that they can get all the compensation they are entitled to when they are expropriated.
Facts of the case:
In a small village in Chongqing, there is a wasteland with poor soil, which is not cultivated and it is difficult to grow fruits. After three years of careful management, Zhang Laohan and his two sons finally saw the fruits in this wasteland.
For 20 years, Zhang Laohan's family has relied on the crops grown in this wasteland to support the family, and they have not gone through any formalities. Now, the demolition people have come, but Zhang Laohan's family has only been compensated for the green seedlings, and the land compensation has gone to the village collective. This made Zhang Laohan difficult to accept, and he had doubts in his heart.
In our country, whose rural wasteland really owns?
In addition to the land contracted to the villagers, there is also a lot of land of poor quality, which is often not allocated and becomes wasteland. The so-called "four wastelands" refer to the unused land such as barren mountains, barren ditches, barren hills, and barren beaches, which are generally not cared about because they have not been fully and reasonably and effectively used in the current economic environment.
Tracing back to the source, it can be found that these lands are still owned by the village collective.
This is because there are only two kinds of land in China: state-owned land and collective land, and there is no ownerless land. Therefore, in reclaiming the "four wastelands," it is also necessary to obtain the right to contract and manage the land in a timely manner, and turn the collective land into its own contracted land. Otherwise, in the event of demolition, the land compensation may not be all yours.
What compensation can I get for clearing land in my rural area?
In the final analysis, how to compensate for the wasteland still depends on what crops the reclaimers have planted on the wasteland.
In accordance with the Land Administration Act
Article 47.
Where land is expropriated, compensation shall be given according to the original use of the expropriated land.
Taking cultivated land as an example, the compensation costs for expropriated cultivated land include land compensation fees, resettlement subsidies, attachments on the expropriated land, and seedling subsidies. Resettlement subsidies and compensation for attachments on the ground may be easy to obtain, but it may be difficult for villagers who have not legally cleared land to obtain land compensation. After all, you are not the legal owner of the land, and the land compensation fee is the lion's share of all compensation.
How to legally obtain the qualification for land reclamation?
Land Contract Law
Article 3. Rural land contracting is to be contracted by households within rural collective economic organizations, and rural land such as barren hills, barren ditches, barren hills, and barren beaches that are not suitable to be contracted by households may be contracted by means of bidding, auction, and public consultation.
Wasteland, like other collective land, can be contracted through household production contracting, or through bidding, auction, public consultation, etc. In short, in order to legally reclaim the "four wastelands", it is necessary to obtain the right to contract management.
In real life, there are usually two situations for farmers to open up wasteland:
1. With the consent of the village collective, the contract has been signed.
2. Without the consent of the village collective, they think that it is land that no one has claimed anyway, and they open up the wasteland without authorization. This is one of the most common cases.
Such villagers spend most of their lives on their own wasteland, and when they encounter expropriation, you don't have a land ownership certificate or a contract, so they have to eat Coptis chinensis dumbly and watch the huge amount of land compensation flow into the collective account.
Villagers who have cleared the land may not know that as long as it is legally cleared, it will not be easy to take back your land. The state encourages everyone to make use of wasteland, which not only develops agriculture, but also makes the ecology more harmonious.
Land Administration Act
Article 40. Where the development of state-owned barren mountains, wastelands, and barren beaches for which the right of use has not been determined, engaged in planting, forestry, animal husbandry, and fishery production, it may be determined to be for long-term use by development units or individuals upon approval by the people at or above the county level in accordance with law.
Lawyer's point of view:
Reclamation of wasteland is a big project in itself, like other land, and in order not to let the hard work of reclamation go to waste, I regret not signing the contract until it is about to be expropriated.
Villagers, if you want to open up the wasteland, you must apply to the village collective for approval, legally own the right to contract, or sign the contract in time, and only get the compensation you deserve when expropriating.
If you are already facing levy, you can also get the Seedlings Fee. In the event of unreasonable compensation, protect rights through legal channels in a timely manner.