Many rural expropriated people called us and asked us, why do others pay one-time payment for demolition and demolition, but we do pay every year? After being reminded by lawyer Ying Ting, I learned that this is a typical case of "renting instead of expropriation." Or some expropriations are clearly stated to the people as leasing. But the problem is that the cultivated land has been built with roads, railways, high-speed rails, or turned into development zones. When farmers want to stop renting, can the cultivated land be returned? Can't?

Is "renting in lieu of expropriation" on rural collective land legal?

The so-called expropriation by renting is essentially to circumvent the land use management system, circumvent the total agricultural land use control system, and use rural collective land for non-agricultural construction in the expropriation approval process. According to the provisions of Article 43 and Article 63 of the Land Management Law of the People's Republic of China, in addition to applying for the construction of residential buildings by township enterprises and villagers, upon approval, or public facilities and public welfare undertakings Construction can use the land of the collective economic organization after approval in accordance with the law. Any unit or individual using land for construction must apply for the use of state-owned land in accordance with the law. Rural collective-owned land use rights may not be transferred, transferred or leased for non-agricultural construction. Any act of occupying rural collective land for non-agricultural construction through leasing and expropriation is illegal.

Land is not like renting a car and you can borrow it and return it whenever you want.

Of course, don’t panic if you have already signed a land lease contract. Because the land leased for illegal construction in the contract can be invalidated at any time, and the land can be claimed after the contract is invalidated.

Do you understand what you see here? If similar problems arise in the future, please remember to ask us first.

Okay, that’s it for today’s questions. It’s still an old rule. You are welcome to express various opinions. If you encounter relevant legal issues, click “Learn More” below. Follow us to learn more about demolition every day.