Legal information

Article introduction: The breeding farm is considered an illegal construction, what kind of compensation should we seek?

First, if illegal construction is confirmed, compensation should still be provided.

1. Occupying cultivated land other than basic farmland to engage in breeding industry will no longer be subject to approval as construction land or temporary land.

According to the relevant regulations of the Ministry of Land and Resources' "National Land Classification" and "Request for Instructions on How to Handle Land Land for Breeding", breeding land belongs to agricultural land, and building breeding houses on it does not constitute a change in land use. Occupying cultivated land other than basic farmland to engage in breeding industry will no longer be approved as construction land or temporary land.

2. Land contractors can decide independently to use cultivated land for breeding.

The Yingting demolition team understands that the land contractor’s autonomy in production and operation should be fully respected. As long as the cultivated land is not damaged and the farming conditions are not damaged, the land contractor can decide independently to use the cultivated land for breeding.

3. According to relevant laws and practical experience, farms that are identified as illegally constructed should be given reasonable compensation.

4. Corresponding compensation can be given to the breeding farms in accordance with the law.

According to the provisions of Article 17 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land (hereinafter referred to as the "Regulations on Expropriation and Compensation"), compensation can be obtained in terms of house value, relocation, temporary resettlement, loss of production and business suspension, etc.

Second, how should we compensate for the closure and demolition of breeding farms? What are the legal bases?

1. "Regulations on the Prevention and Control of Pollution from Large-Scale Livestock and Poultry Breeding" State Council Order No. 643 Article 25 If it is necessary to close or relocate existing livestock and poultry breeding sites due to the adjustment of the livestock industry development plan, the overall land use plan, the urban and rural planning, and the demarcation of prohibited breeding areas, or due to the comprehensive rectification of intensive livestock and poultry breeding areas with serious pollution, 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, compensation is required for closure, demolition and relocation of breeding farms, and people's governments at or above the county level have the responsibility to provide compensation in accordance with the law.

2. The county (city, district) competent department shall formulate the "Prohibited Breeding Area Delimitation Plan", and after review by the legal affairs department at the same level, submit it to the county (city, district) people's government for approval and announce it to the public. The delineation of prohibited breeding areas should be carried out in accordance with laws and regulations to prevent blind expansion of the scope of prohibited breeding areas. In addition, in some places, the "Prohibited Breeding Zone Delimitation Plan" will also be approved by the development zone management committee established in accordance with the law.

3. Formulate, approve, and implement the "Closing and Relocation Implementation Plan" in accordance with the law. Formulate the "Closing and Relocation Implementation Plan" for existing farms (communities) and breeding professional households in the prohibited breeding area, and submit it to the county (city, district) people's government for approval. In accordance with department responsibilities, the implementation of the "Closing and Relocation Plan" must be steadily promoted in accordance with the law. In addition, in some places, the Development Zone Management Committee established in accordance with the law will approve the "Closure and Relocation Implementation Plan". Compensation content is an important part of the "Closure and Relocation Implementation Plan".

4. What kind of compensation can you get if the farm is closed down? Ying Ting believes that if there is no illegal behavior in the breeding farm, we can seek compensation by referring to demolition. The amount of compensation for enterprise closure can refer to the compensation standards for enterprise demolition.

5. According to the provisions of Article 17 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land (hereinafter referred to as the "Regulations on Expropriation and Compensation"), compensation can be obtained in terms of house value, relocation, temporary resettlement, loss of production and business suspension, etc.

6. Or obtain compensation for land compensation, resettlement subsidies, ground attachments, etc. in accordance with the provisions of Article 47 of the Land Management Law.

7. In addition to the regular compensation items, there is also Paragraph 2 of Article 17 of the "Regulations on Expropriation and Compensation", which states that "people's governments at the municipal and county levels shall formulate subsidies and reward measures to provide subsidies and rewards to the expropriated persons."

8. In accordance with the spirit of Article 47 of the "Land Management Law", "the standards for land compensation and resettlement subsidies for the acquisition of other land shall be stipulated by the provinces, autonomous regions, and municipalities with reference to the standards for land compensation and resettlement subsidies for the acquisition of cultivated land", certain subsidies will be given to the demolished persons.

Yingting reminds you:

1. If your breeding farm is banned and closed down, or the farm is directly demolished, you should strive for reasonable compensation. Enterprises should proactively negotiate with relevant departments and not wait passively. The result of waiting is often to miss the statute of limitations. In practice, if you are dissatisfied with the administrative penalty decision made by the relevant department, or believe that the specific administrative action of the relevant department infringes upon your legitimate rights and interests, you can file an application for administrative reconsideration within 60 days from the date of becoming aware of the specific administrative action, and file an administrative lawsuit within 6 months. If you have not negotiated the compensation conditions with the department, you can consult a lawyer specialized in business closure, or ask a lawyer to intervene and use professional legal knowledge to negotiate with the relevant departments to strive for fair and reasonable compensation.

2. Some people are confused. If these farms are demolished and closed due to non-compliance with environmental protection standards, 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.