Legal information

Introduction to the article: Xu’s breeding farm is in a prohibited breeding area, and the farm was directly demolished by the village committee. Is there any compensation for this?

(Part 1) Case Story

Xu opened a breeding farm and raised lobsters for more than 2 years. The village committee sent someone to deliver a letter saying that the lobster farm was in a prohibited area and might cause water pollution, and verbally informed them that the lobster farm was about to be demolished. The next day, some demolition crews were organized to forcibly dismantle the farm. Xu was very angry about this incident. He believed that the village committee had no right to forcibly dismantle his breeding farm and that the procedure for dismantling the breeding farm was illegal. Does Xu’s point of view make sense? What are the legal bases?

(Part 2) Let’s see how the law provides for such cases

1. Who has the right to demolish the breeding farm?

First of all, we need to know who is the subject of environmentally friendly demolition? According to the relevant provisions of the Property Law, the Regulations on Expropriation and Compensation of Houses on State-Owned Land, etc., the only person responsible for performing land expropriation and house demolition responsibilities is the relevant national demolition departments. Neighborhood committees, village committees, etc. have no right to demolish.

2. The procedure for dismantling the breeding farm is as follows!

In the "Regulations on the Prevention and Control of Pollution from Large-Scale Livestock and Poultry Breeding", the circumstances under which farms are ordered to be demolished or closed are mainly stipulated in Article 37: "Anyone who violates the provisions of these regulations and builds livestock and poultry farms or breeding communities in prohibited breeding areas shall be ordered by the environmental protection department of the local people's government at or above the county level to stop the illegal behavior; if he refuses to stop the illegal behavior, he shall be fined not less than 30,000 yuan but not more than 100,000 yuan, and reported to the people's government at or above the county level for ordering demolition or closure. In drinking water source protection If a livestock and poultry farm or breeding community is built in a protected area, the environmental protection department of the local people's government at or above the county level shall order it to stop illegal activities, impose a fine of not less than 100,000 yuan but not more than 500,000 yuan, and order it to be demolished or closed after approval by the people's government with the authority to approve it. "The Yingting Demolition Group believes that even if the breeding farm is within the prohibited breeding area, the relevant departments cannot directly demolish it, but should first order the relevant activities of the farm to stop; if it refuses to stop, the relevant department can order the demolition or closure.

3. Only when a breeding farm is built in a "drinking water source protection zone" and approved by relevant departments can the breeding farm be directly closed and dismantled.

No breeding farms are allowed to be built within the "no breeding zone". Article 11 of the "Regulations on the Prevention and Control of Pollution from Large-scale Livestock and Poultry Breeding" stipulates four "prohibited breeding areas" - scientific research areas and residential areas, natural scenic protection areas or their buffer zones, drinking water source protection areas and other prohibited areas. The direct demolition or closure of breeding farms is limited to the construction of breeding farms in "drinking water source protection zones" and must be approved by the competent people's government.

(Part 3) How should the demolition funds be divided?

1. Focus of Dispute (1): Who has the authority to organize the closure and demolition of breeding farms?

According to the provisions of laws and regulations such as the Property Law and the Regulations on the Expropriation and Compensation of Houses on State-Owned Land, the only entity that can perform the duties of land expropriation and house demolition is the national demolition department. The village committee in this case has no authority to organize the closure and demolition of the breeding farm.

2. Focus of controversy (2): Why is this case illegal demolition?

First, the environmental protection department of the local people's government at or above the county level shall order the cessation of illegal activities; those who refuse to stop the illegal activities shall be fined not less than 30,000 yuan but not more than 100,000 yuan, and reported to the people's government at or above the county level for ordering demolition or closure. Even if the breeding farm is in a prohibited breeding area, it cannot be demolished directly. The related activities of the breeding farm should first be ordered to stop. If they refuse to stop, the relevant departments can order the farms to be dismantled or closed. This case does not involve the construction of a breeding farm in a "drinking water source protection zone", so it is illegal to directly demolish the breeding farm.

3. Focus of controversy (3): What compensation should be given to farmers?

Ying Ting believes that compensation can be obtained based on local economic income and other standards. The specific compensation standards are mainly based on the area of ​​the breeding site, investment in the breeding farm, income of the breeding farm, relocation costs, construction costs of the relocated site, and other related expenses.

Yingting reminds you:

1. If these farms are demolished and closed due to non-compliance with environmental protection standards, or because the farms are demolished and closed in a no-breeding zone, can they still receive compensation? Of course you should be compensated! The reasons are as follows. According to Article 25 of the State Council Order No. 643 of the People's Republic of China, "Regulations on the Prevention and Control of Pollution from Large-Scale Livestock and Poultry Breeding": If it is necessary to close or relocate existing livestock and poultry breeding sites due to animal husbandry development planning, overall land use planning, urban and rural planning adjustments, and the demarcation of prohibited breeding areas, or due to the comprehensive improvement of heavily polluted livestock and poultry breeding intensive areas, causing economic losses to livestock and poultry farmers, the local people's governments at or above the county level shall compensate them in accordance with the law. Therefore, according to the provisions of the State Council, if a breeding farm with formalities is closed due to environmental issues, the county-level government should provide reasonable compensation. If there are no relevant local legal provisions on compensation, the assessment should be made with reference to the relevant provisions on land acquisition and demolition. The compensation content mainly includes compensation for the loss of farm buildings, losses from production and business suspension, loss and damage to equipment, and loss of ground attachments, etc.

2. If you have any objection to the decision or the compensation conditions after your farm is demolished or closed, please safeguard your rights through administrative review, administrative litigation and other legal channels within 6 months. If this statute of limitations is exceeded, the opportunity for legal relief will be lost. In order to strive for the best interests, you can read more relevant legal knowledge and understand the relevant policies on the closure of local breeding farms. You can also seek solutions from lawyers who specialize in the closure and demolition of breeding farms.