Legal information

Article introduction: Land expropriation refers to the legal act by which the state converts land collectively owned by farmers into state-owned land in accordance with the procedures and authority stipulated by law for the public interest needs, and provides reasonable compensation and proper resettlement to rural collective economic organizations and farmers whose land has been expropriated in accordance with the law.

First, land must be expropriated for social and public interests.

According to the relevant provisions of the Land Management Law, land acquisition must be for the public interest. If it is used for commercial development, it is not a legal reason for land acquisition.

Second, land acquisition is a government action.

In other words, land acquisition is the exclusive power of the government, and no other unit or individual has the right to acquire land. The demolition can be carried out by other units entrusted by the government.

Third, land acquisition approval must be obtained in accordance with the law.

The expropriation of basic farmland, cultivated land other than basic farmland exceeding 35 hectares, and other land exceeding 70 hectares must be approved by the State Council. The expropriation of other land shall be approved by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and reported to the State Council for record. When expropriating agricultural land, approval for the conversion of agricultural land must be processed in advance in accordance with relevant regulations. After the state's land acquisition is approved in accordance with legal procedures, the local people's government at or above the county level shall announce it and organize its implementation.

Fourth, the land-expropriated units must be compensated in accordance with the law.

The Yingting demolition team learned that the owners and users of the expropriated land should go to the land administration department of the local people's government with the land ownership certificate to register for land expropriation compensation within the time limit specified in the announcement. If land is expropriated, compensation will be provided according to the original purpose of the expropriated land. Relevant laws and administrative regulations have special provisions on the specific compensation standards for expropriation.

Fifth, land acquisition must be disclosed to the public and subject to social supervision.

After the land acquisition compensation and resettlement plan is determined, the relevant local people's government shall make an announcement and listen to the opinions of the rural collective economic organizations and farmers whose land has been acquired. The rural collective economic organization whose land has been expropriated shall announce the income and expenditure status of the compensation fees for the expropriated land to the members of the collective economic organization and accept supervision. Yingting once handled a case in which the expropriating party did not conduct a hearing. In the end, the court ruled that the land was expropriated illegally and the relocated households won the case.

Sixth, embezzlement and misappropriation of land acquisition compensation funds should be severely punished by law.

The ownership and use rights of land acquisition funds are protected by law, and no organization or individual may arbitrarily infringe or misappropriate them for other purposes. Article 79 of the "Land Management Law" stipulates that if the land acquisition compensation and other related expenses of the unit whose land has been expropriated are misappropriated or misappropriated, and a crime is constituted, criminal liability shall be investigated in accordance with the law; if it does not constitute a crime, administrative sanctions shall be imposed in accordance with the law.

Yingting reminds you:

According to the relevant laws and regulations of our country, the expropriated and demolished persons can file an administrative review within 60 days of receiving the expropriation decision, expropriation compensation decision and other specific administrative actions, and file an administrative lawsuit within 6 months. If your house is forcibly demolished, you must file a lawsuit to defend your rights within 6 months of knowing the date of demolition. Some relocated households will petition, but petitioning is not a legal channel, and no matter how long the petition lasts, it does not constitute a reason to interrupt the time limit for prosecution. Many people who were demolished were delayed in filing petitions and missed the statute of limitations. Even if they sued, the court would not accept it. Even if you find a lawyer, there is nothing you can do to help you! In practice, no matter how you report the situation to your superiors, report it to local staff, or visit everywhere, you can't actually solve the problem. What you only waste is your precious time to protect your rights and interests! If you cannot reach an agreement with the expropriation and demolition party, please contact a professional expropriation and demolition lawyer as soon as possible to find a solution.