Legal information

Article introduction: "Environmental protection demolition" refers to the expropriation and demolition of units or individuals' houses on the land in accordance with my country's laws on collective land and state-owned land expropriation and demolition by the competent authorities in order to protect the environment and achieve environmental protection measures and goals. In practice, “environmental-friendly demolition” is used in some places as a tool to reduce demolition costs. Forced demolitions often occur in the name of environmental protection.

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. Does your farm have to be demolished directly?

1. In the "Regulations on the Prevention and Control of Pollution from Large-Scale Livestock and Poultry Breeding", the conditions for ordering the demolition or closure of farms 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; those who refuse to stop the illegal behavior 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. The Yingting Demolition Group learned that, Those who build livestock and poultry farms or breeding communities in drinking water source protection areas shall be ordered by the environmental protection department of the local people's government at or above the county level to stop illegal activities, impose a fine of not less than 100,000 yuan but not more than 500,000 yuan, and be ordered to dismantle or close the farm after approval by the people's government with the authority to approve it. "It can be seen that even if the breeding farm is within the scope of the prohibited breeding area, the relevant departments cannot directly dismantle 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.

2. No breeding farms shall 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.

3. What measures will the relevant departments take on the farms?

1. Require companies to dismantle breeding farms within a certain period of time.

2. Require enterprises to close down, dispose of equipment and breeding products within a certain period of time, and provide certain subsidies. Or they can negotiate a one-time deal to close the farm and pay for the suspension of production and business and other losses.

3. If the enterprise is large-scale and has huge influence in the local area, the enterprise can be transferred to other enterprises with subsequent support from government funds and policies.

4. What can farm business owners do?

If the farm does need to be demolished, compensation can be obtained based on local economic income and other standards. Ying Ting believes that 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:

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.