From the perspective of land classification, land acquisition and land consolidation

Mondo Three rural Updated on 2024-02-25

December is a good month to summarize and review.

Whether it's career development or trivial life, leave some time for yourself to look back.

Looking back on the past is also to better prepare for the future.

December is a month worth looking forward to and planning for.

A good plan should serve "planning", and before making a plan, think about what is the plan for next year?

What are the two or three most important things, or even just one thing.

Doing a good job of planning and planning is more grasp and more determination for our personal future development.

During this time, I was also sorting out past articles, many of which are not very affected by timeliness and are worth reading many times again.

Today, we rely on past articles such as "Re-combing of Land Development (Part I)", "Re-combing of Land Development (Part II)", and "About High-standard Farmland Projects" to take you to understand land acquisition and land consolidation from the perspective of land classification.

Classification of land in our country

China practices socialist public ownership of land, that is, ownership by the whole people and collective ownership by the working masses.

According to ownership, it is divided into two types: state-owned land and collective land.

The land in the urban area of the city is owned by the state.

Land in rural areas, land on the outskirts of cities, as well as homesteads, self-cultivated land, and self-cultivated mountains, belong to peasant collectives.

According to the land use, it is divided into three types: agricultural land, construction land, and unused land.

Agricultural landrefers to the land directly used for agricultural production, including cultivated land, forest land, grassland, farmland water use land, aquaculture water surface, etc.;

Land for constructionrefers to the land for the construction of buildings and structures, including urban and rural residential and public facilities land, industrial and mining land, transportation and water conservancy facilities land, tourism land, military facilities land, etc.;

Unused landIt refers to land other than agricultural land and construction land.

These are the two classifications of land.

The classification of land seems to be a very simple knowledge point.

However, in terms of application, we are required to understand it very well.

When it comes to land acquisition, readers understand what they are talking about.

If I ask, who will expropriate the land from whom? Who is the target of the levy?

How to understand and answer here?

Land expropriation, which involves a change in land ownership.

According to land ownership, land is divided into state-owned land and collective land.

Land expropriation is the expropriation of collective land on behalf of the state;

The object of expropriation is collective land, and after expropriation, collective land is changed to state-owned land.

Therefore, land expropriation is the act of adding state-owned land and reducing collective land.

At this point, let's look at the definition of land acquisition:

Land expropriation is an act of transferring collectively-owned land and its rights to the state for the needs of the public interest and under the condition of compensation in accordance with the law.

Isn't it clearer?

Moreover, the expropriation of collective land is not a matter of expropriation if you want to, and the Land Management Law specifically stipulates that only in the following circumstances can collective land be expropriated according to law, and land for military and diplomatic needs;

The construction of energy, transportation, water conservancy, communications, postal and other infrastructure needs to be used by the first organization;

The use of land is needed for public undertakings such as science and technology, education, culture, health, sports, ecological environment and resource protection, disaster prevention and mitigation, cultural relics protection, comprehensive community services, social welfare, municipal public utilities, preferential care and resettlement, and protection of martyrs;

The construction of poverty alleviation and relocation and affordable housing projects organized and implemented by ** requires land;

Within the scope of urban construction land determined in the overall land use plan, land is needed for the development and construction of a piece of land that is approved by the people at or above the provincial level and organized and implemented by the local people's ** at or above the county level;

Other circumstances where the law provides that land owned by peasant collectives may be expropriated for the public interest.

Like the shantytown renovation that everyone is most familiar with, it involves land acquisition, which meets the fourth situation, "land is needed for the construction of affordable housing projects organized and implemented by the first organization".

Because the object of land expropriation is collective land, in the process of land expropriation, the expropriation plan must be announced to the township, town, and village group where the land is located, and the collective land is owned by the peasant collective.

Therefore, in practice, land expropriation is still a headache.

There are many regulations in a business that are closely related to its essence.

By grasping its essence, many rules can be understood in a coherent manner.

After understanding land expropriation, let's take a look at comprehensive land consolidation.

What is the meaning of comprehensive land consolidation relative to land expropriation?

Who is it aimed at? What is the content of the remediation?

This brings us to the second classification of land in our country: agricultural land, construction land and unused land.

Let's look at the definition of comprehensive land consolidation:

The comprehensive land consolidation is based on the premise of scientific planning, with townships and towns as the basic implementation units, to carry out the consolidation of agricultural land and construction land and the protection and restoration of rural ecology as a whole, and to carry out comprehensive land and space management activities for areas that are idle, inefficient in utilization, ecological degradation and environmental damage.

Judging from the definition alone, we can feel that the scope of comprehensive land consolidation covers a wide range of contents.

We can grasp the key keywords and carry out the consolidation of agricultural land, construction land and rural ecological protection and restoration as a whole."

In 2018, the Ministry of Natural Resources issued the Notice on Carrying out the Pilot Work of Comprehensive Land Consolidation, which clarified three key tasks for comprehensive land consolidation:

Consolidation of agricultural land, construction land and rural ecological protection and restoration.

In terms of agricultural land consolidationIt mainly promotes the consolidation of inefficient forests, grasslands and orchards, the construction of farmland infrastructure, and the improvement of existing cultivated land, so as to increase the quantity of cultivated land and improve the quality of cultivated land.

In terms of land consolidation for construction, mainly carry out the consolidation of rural homesteads, industrial and mining waste land and other inefficient idle construction land, and improve the efficiency and intensification level of rural construction land.

In terms of rural ecological protection and restoration, optimize and adjust the layout of ecological land, protect and restore rural ecological functions, etc.

In fact, comprehensive land consolidation is to turn inefficient land into efficient land through remediation.

For example, the original inefficient forest and grassland is turned into farmland through land consolidation, and it is the basic farmland that is "concentrated and contiguous, with supporting facilities, high and stable yield, good ecology, strong disaster resistance, and compatible with modern agricultural production and management methods", and this process is called "high-standard farmland consolidation";

The process of turning the original idle or abandoned rural construction land into usable agricultural land through renovation is called "demolition and reclamation";

In practice, there are many detailed names for comprehensive land consolidation.

In essence, the scope of comprehensive land consolidation is nothing more than two categories:

One is the remediation of "the same type of land", in which inefficient agricultural land is transformed into efficient agricultural land;

Inefficient construction land is remediated into efficient construction land;

One is the remediation of "different types of land", in which inefficient unused land is transformed into efficient agricultural land;

inefficient unused land is transformed into efficient construction land;

inefficient construction land is transformed into efficient agricultural land;

Inefficient agricultural land is transformed into efficient construction land.

The remediation of different types of land will be more complicated in practice, and it will still be from "inefficient" land to "efficient" land, but it will involve an increase in one type of land use and a decrease in another type of land use.

You know,

It is China's basic national policy to cherish and rationally utilize land and to conscientiously protect cultivated land.

No matter how it is rectified, the total amount of cultivated land in the whole country cannot be reduced, and the red line of 1.8 billion mu of cultivated land must be adhered to.

Therefore, in the practice of "different types of land" remediation, when it comes to cultivated land, there will be corresponding methods and methods.

For example, I introduced the "linkage between the increase and decrease of urban and rural construction land" in "About High-standard Farmland Projects".

Here's a brief rundown.

Suppose that there is a great demand for construction land in a city, and construction land is in short supply, but some agricultural land (cultivated land) is idle, and the agricultural land in the city is inefficient.

If inefficient agricultural land (cultivated land) is converted into construction land, the area of cultivated land will be reduced.

What to do? At this time, you can make an "exchange" with the construction land in the countryside.

Rural areas often have a large demand for cultivated land, and the utilization efficiency of construction land is usually relatively low and inefficient.

Then, the rural construction land can be reclaimed into cultivated land, and the urban cultivated land can be turned into construction land, and the two pieces of land can be bound to form a demonstration area, and the construction land in rural areas will be reduced and the cultivated land will be increased;

The construction land in urban areas has increased, and the arable land has decreased;

In the whole project area, the area of cultivated land and the area of construction land remained basically unchanged.

Through the method of "linking the increase and decrease of urban and rural construction land", the land can meet the actual demand, and at the same time, it can also ensure that the total area of cultivated land in China will not decrease.

Although land classification is a very basic concept, two classification methods can help us understand land acquisition and land consolidation in essence.

At least after reading today's article, when we explain land expropriation and land consolidation to the outside world, we only need two very brief sentences:

Land expropriation is the act of changing collectively owned land into state-owned land under the condition of compensation in accordance with the law.

Comprehensive land consolidation is the act of turning inefficient land into efficient land through remediation.

So, it's important to master the basics.

Okay, that's it.

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