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What property rights do farmers whose land has been expropriated have?
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Article author：Yingting Lawyers Group | Update time：2019-04-26 | Reading times：431
landProperty rights areLand acquisitionThe core issue of farmers’ industrial rights is the farmers’ concerns about being expropriatedlandProperty rights derive from a series of other rights. Some of this series of powers are andlandSome are directly related, and some are not; some are industrial, some are personal, and some are political; some are substantive, and some are procedural; some are reflected in actions, and some are reflected in inactions.
BeingLand acquisitionfarmers or farmers' groups, inLand acquisitionIndustrial rights in the process are of the following types:
1.landOwnership and usage rights. First, farmers’ groupslandFull rights. Here, the most important thing is to identify who is the owner of the land to be expropriated, because this choiceLand acquisitioncompensationTo whom the money belongs and to whom it is distributed. Among the farmland owners who look alike but are actually different, the first one to be cleared is the village committee, certainly not the village officials. In most cases, all rights holders of the land to be expropriated are villager groups (or cooperatives, production teams) farmer groups. followed by beingLand acquisitionfarmer'slandContracting operation rights and homestead use rights. These two rights are farmers’ direct rights to use agricultural land, and they areLand acquisitionThe most direct and vital power of farmers. Once agricultural land and homestead land are expropriated, farmers lose their livelihood and livelihood.land. In the end it wasLand acquisitionFarmers have the right to use collective created land, such as land for township enterprises, land for public welfare undertakings and public facilities, and other collective created land. Although there are no direct and clear provisions on the right to use collective construction land in the Property Law, it has been treated as a "property right" in relevant policies and local regulations, and in practice it has been regarded as a kind of "property right" practice, which cannot be denied. groups mentioned abovelandfull rights,landA total of four rights, including contract operation rights, homestead use rights and collective construction land use rights, are property rights and have the function of direct distribution and the function of eliminating the interference of others.
2. Full ownership of agricultural land attachments. Farmers about being expropriatedlandThey enjoy full ownership rights to their own crops, houses and other above-ground equipment.
3. ObtainLand acquisitioncompensationright. After the agricultural land was expropriated, it wasLand acquisitionFarmers have the right to receiveLand acquisitioncompensation.Land acquisitioncompensationPayment is like sellinglandmoney receivable from time to time. According to "landThe provisions of the Disposal Law and the Property Law,Land acquisitioncompensationThere are four projects:landcompensationfees, arrangement subsidies, young cropscompensationfees, attachmentscompensationfee. BeLand acquisitionfarmerLand acquisitioncompensationThe basis of the right is its relation tolandThe personal ownership rights, usage rights and ownership rights of attachments. About the above four itemsLand acquisitioncompensationAttribution of expenses, "landThe Treatment Act does not provide clear rules. The "landThe Enforcement Rules of the Disposal Law stipulates:landcompensationAll fees belong to the village collective economic organization; ground attachments and young cropscompensationThe fee belongs to all the owners of the attachments and young crops on the ground; the arrangement subsidy can be paid directly to the affected person.Land acquisitionFarmer. However, in 2004, the State Council promulgated the “Strict Notice on Deepening Reform”landProcessing options changedlandcompensationFees belong to all rules of rural collective economic organization, which stipulates that "landcompensationThe fee is mainly used to beLand acquisitionfarmers", solandcompensationFees should ultimately be allocated primarily to the recipientsLand acquisitionFarmer. Some township governments, village committees and village officials have seized, withheld or divertedLand acquisitioncompensationmoney, infringed uponLand acquisitionfarmers getLand acquisitioncompensationpower.
4. Return the land rights. Although farmers have the right to use and own ownership of agricultural land, these rights do not eliminate the state's right to expropriate agricultural land. Even if farmers do not agree, the central government or provincial government still has the right to unilaterally agree.Land acquisition. But the government is exercisingLand acquisitionWhen we exercise power, we cannot ignore the rights and interests of agricultural land holders.landProperty rights indicate the least amount of respect. Even if agricultural land has been expropriated, assumingLand acquisitioncompensationFailure to pay in full and on time will result inLand acquisitionFarmers have the right to refuse to hand over their property to county governments and relevant departmentsland, have the right to clear the land-use units and construction units from the expropriated landlandThe acquisition, construction and use. 《landArticle 25 of the Enforcement Rules of the Disposal Act"Land acquisitioncompensationAll expenses should be paid fromLand acquisitioncompensationFull payment must be made within 3 months from the date of approval of the arrangement plan. "The State Council's Notice on Deepening Reforms and SeverelandProcessing Choices "Rules"Land acquisitioncompensationIf the arrangements are not implemented, the expropriatedland. "Guangdong and other provinces use local regulations to clarify the rules from the front:Land acquisitioncompensationIf other expenses are not paid according to the rules, they will beLand acquisitionThe units and individuals have the right to refuse to hand over theland.
5. Obtain land rights. Expropriation of farmers' groupslandWhen the county-level government is expropriatedlandA certain share of the area is given to theLand acquisitionFarmers or groups arrange to reserve land for economic development. The ownership or use right of the reserved land belongs to the ownerLand acquisitionFarmers' groups. "The State Council's Notice on Deepening the Severe ReformlandTreatment Options" stipulates that "outside the urban planning area, all farmers' groups shall be leviedlandWhen doing so, the local people’s government shall provideLand acquisitionFarmers have to work hardland". According to the "Guangdong Province Expropriation of Village Groups" promulgated in 2009landAccording to the "Methods for Handling Reserved Land", the reserved land will be collected according to practice.landArrange 10% to 15% of the area.
6. Create land use equity. farmers grouplandAfter being expropriated, farmers have the right to invest the legally obtained rights to use their creative land into projects with stable returns and participate in the distribution of operating income. "The State Council's Notice on Deepening the Severe ReformlandSolution Options" stipulates that "for projects with stable income, farmers can obtain land use construction approved by law.landUse rights to invest in shares”.
7. Restore sowing rights. Assuming that cultivated land is expropriated for non-agricultural construction, but the land-using unit has not actually used it but has left it unused and is desolate and can still be sown, it will beLand acquisitionFarmers or groups have the right to request resumption of sowing. 《landArticle 37, Paragraph 1 of the Handling Law: "It is prohibited for any unit or individual to lay aside or lay waste cultivated land. If the cultivated land occupied by non-agricultural construction that has been processed for review is not used within one year but can be sown and harvested, the group or individual who originally planted the cultivated land shall resume planting, or the land user may arrange for planting; if the construction has not started for more than one year, the construction fee shall be paid in accordance with the regulations of the province, autonomous region, or municipality directly under the Central Government; if it has not been used for two consecutive years, with the consent of the original approval agency, the people's government at or above the county level shall reclaim the land from the land user for free.landright to use; the piecelandIf it was originally owned by a farmers' group, it should be handed over to the original rural collective economic organization for restoration of harvesting. "
The above powers all belong to property rights or are derived from property rights. Property rights are directly assignable and exclusive. BeLand acquisitionThe exclusive effect of these property rights of farmers is not only against illegal infringement by land users, construction units, village committees and other units and individuals, but also against illegal interference by governments at all levels and their relevant departments.
BeingLand acquisitionfarmers or farmers' groups, inLand acquisitionIndustrial rights in the process are of the following types:
1.landOwnership and usage rights. First, farmers’ groupslandFull rights. Here, the most important thing is to identify who is the owner of the land to be expropriated, because this choiceLand acquisitioncompensationTo whom the money belongs and to whom it is distributed. Among the farmland owners who look alike but are actually different, the first one to be cleared is the village committee, certainly not the village officials. In most cases, all rights holders of the land to be expropriated are villager groups (or cooperatives, production teams) farmer groups. followed by beingLand acquisitionfarmer'slandContracting operation rights and homestead use rights. These two rights are farmers’ direct rights to use agricultural land, and they areLand acquisitionThe most direct and vital power of farmers. Once agricultural land and homestead land are expropriated, farmers lose their livelihood and livelihood.land. In the end it wasLand acquisitionFarmers have the right to use collective created land, such as land for township enterprises, land for public welfare undertakings and public facilities, and other collective created land. Although there are no direct and clear provisions on the right to use collective construction land in the Property Law, it has been treated as a "property right" in relevant policies and local regulations, and in practice it has been regarded as a kind of "property right" practice, which cannot be denied. groups mentioned abovelandfull rights,landA total of four rights, including contract operation rights, homestead use rights and collective construction land use rights, are property rights and have the function of direct distribution and the function of eliminating the interference of others.
2. Full ownership of agricultural land attachments. Farmers about being expropriatedlandThey enjoy full ownership rights to their own crops, houses and other above-ground equipment.
3. ObtainLand acquisitioncompensationright. After the agricultural land was expropriated, it wasLand acquisitionFarmers have the right to receiveLand acquisitioncompensation.Land acquisitioncompensationPayment is like sellinglandmoney receivable from time to time. According to "landThe provisions of the Disposal Law and the Property Law,Land acquisitioncompensationThere are four projects:landcompensationfees, arrangement subsidies, young cropscompensationfees, attachmentscompensationfee. BeLand acquisitionfarmerLand acquisitioncompensationThe basis of the right is its relation tolandThe personal ownership rights, usage rights and ownership rights of attachments. About the above four itemsLand acquisitioncompensationAttribution of expenses, "landThe Treatment Act does not provide clear rules. The "landThe Enforcement Rules of the Disposal Law stipulates:landcompensationAll fees belong to the village collective economic organization; ground attachments and young cropscompensationThe fee belongs to all the owners of the attachments and young crops on the ground; the arrangement subsidy can be paid directly to the affected person.Land acquisitionFarmer. However, in 2004, the State Council promulgated the “Strict Notice on Deepening Reform”landProcessing options changedlandcompensationFees belong to all rules of rural collective economic organization, which stipulates that "landcompensationThe fee is mainly used to beLand acquisitionfarmers", solandcompensationFees should ultimately be allocated primarily to the recipientsLand acquisitionFarmer. Some township governments, village committees and village officials have seized, withheld or divertedLand acquisitioncompensationmoney, infringed uponLand acquisitionfarmers getLand acquisitioncompensationpower.
4. Return the land rights. Although farmers have the right to use and own ownership of agricultural land, these rights do not eliminate the state's right to expropriate agricultural land. Even if farmers do not agree, the central government or provincial government still has the right to unilaterally agree.Land acquisition. But the government is exercisingLand acquisitionWhen we exercise power, we cannot ignore the rights and interests of agricultural land holders.landProperty rights indicate the least amount of respect. Even if agricultural land has been expropriated, assumingLand acquisitioncompensationFailure to pay in full and on time will result inLand acquisitionFarmers have the right to refuse to hand over their property to county governments and relevant departmentsland, have the right to clear the land-use units and construction units from the expropriated landlandThe acquisition, construction and use. 《landArticle 25 of the Enforcement Rules of the Disposal Act"Land acquisitioncompensationAll expenses should be paid fromLand acquisitioncompensationFull payment must be made within 3 months from the date of approval of the arrangement plan. "The State Council's Notice on Deepening Reforms and SeverelandProcessing Choices "Rules"Land acquisitioncompensationIf the arrangements are not implemented, the expropriatedland. "Guangdong and other provinces use local regulations to clarify the rules from the front:Land acquisitioncompensationIf other expenses are not paid according to the rules, they will beLand acquisitionThe units and individuals have the right to refuse to hand over theland.
5. Obtain land rights. Expropriation of farmers' groupslandWhen the county-level government is expropriatedlandA certain share of the area is given to theLand acquisitionFarmers or groups arrange to reserve land for economic development. The ownership or use right of the reserved land belongs to the ownerLand acquisitionFarmers' groups. "The State Council's Notice on Deepening the Severe ReformlandTreatment Options" stipulates that "outside the urban planning area, all farmers' groups shall be leviedlandWhen doing so, the local people’s government shall provideLand acquisitionFarmers have to work hardland". According to the "Guangdong Province Expropriation of Village Groups" promulgated in 2009landAccording to the "Methods for Handling Reserved Land", the reserved land will be collected according to practice.landArrange 10% to 15% of the area.
6. Create land use equity. farmers grouplandAfter being expropriated, farmers have the right to invest the legally obtained rights to use their creative land into projects with stable returns and participate in the distribution of operating income. "The State Council's Notice on Deepening the Severe ReformlandSolution Options" stipulates that "for projects with stable income, farmers can obtain land use construction approved by law.landUse rights to invest in shares”.
7. Restore sowing rights. Assuming that cultivated land is expropriated for non-agricultural construction, but the land-using unit has not actually used it but has left it unused and is desolate and can still be sown, it will beLand acquisitionFarmers or groups have the right to request resumption of sowing. 《landArticle 37, Paragraph 1 of the Handling Law: "It is prohibited for any unit or individual to lay aside or lay waste cultivated land. If the cultivated land occupied by non-agricultural construction that has been processed for review is not used within one year but can be sown and harvested, the group or individual who originally planted the cultivated land shall resume planting, or the land user may arrange for planting; if the construction has not started for more than one year, the construction fee shall be paid in accordance with the regulations of the province, autonomous region, or municipality directly under the Central Government; if it has not been used for two consecutive years, with the consent of the original approval agency, the people's government at or above the county level shall reclaim the land from the land user for free.landright to use; the piecelandIf it was originally owned by a farmers' group, it should be handed over to the original rural collective economic organization for restoration of harvesting. "
The above powers all belong to property rights or are derived from property rights. Property rights are directly assignable and exclusive. BeLand acquisitionThe exclusive effect of these property rights of farmers is not only against illegal infringement by land users, construction units, village committees and other units and individuals, but also against illegal interference by governments at all levels and their relevant departments.
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