Legal information

First, announcement of proposed land acquisition

The municipal and county land and resources bureaus shall issue the "Announcement on Proposed Land Acquisition" within the villages and groups where the land is to be expropriated. If the land is collectively owned by farmers in townships and towns, the farmers' collective economic organizations and farmers whose land will be expropriated shall also be notified in writing in the township or town of the scope, location, compensation method, compensation standard, resettlement approach and land acquisition purpose.

Second, land acquisition survey results

The local land and resources department should entrust a survey unit with corresponding qualifications to investigate the ownership, land type, area, and ownership, type, and quantity of the land attachments to be acquired. The investigation results should be confirmed with the rural collective economic organizations, farmers and property rights holders of the land attachments.

Third, land acquisition hearing

Before land acquisition is submitted for approval in accordance with the law, the local land and resources department should inform the rural collective economic organizations and farmers whose land is being acquired that they have the right to apply for a hearing on the compensation standards and resettlement channels for the proposed land acquisition.

Fourth, "One Book and Four Plans"

The county or municipal land and resources bureau will formulate "one book and four plans" based on the aforementioned procedures and the requirements for approval materials in the "Construction Land Approval Management Measures". Including construction land description, agricultural landswitchPlan, supplementary farmland plan, land acquisition plan, and land supply plan. And submit this plan to the authority with approval authority for approval.

Fifth, land acquisition announcement

The municipal and county people's governments that requisition land shall make a land requisition announcement in the township (town) village or group where the land is to be requisitioned within 10 working days from the date of receipt of the land requisition approval document from the provincial government or the State Council.

Sixth, compensation registration

The owners and users of the expropriated land shall, within the time limit specified in the "Land Acquisition Announcement", go to the land administration department of the people's government designated in the announcement with the land ownership certificate to complete the land acquisition compensation registration procedures.

Seventh, compensation and resettlement plan

The "Land Acquisition Compensation and Resettlement Plan Announcement" mainly includes the following contents: the location, land type, and area of the acquired land; the types and quantities of ground attachments and young crops; the number of agricultural population to be resettled; the standards, amounts, payment objects, and payment methods of land compensation fees; the standards, amounts, payment objects, and payment methods of resettlement subsidies.

8. Announcement of Resettlement Plan

County or municipal land and resources bureaus should take the initiative to listen to different opinions on land acquisition compensation and resettlement plans from rural collective economic organizations, rural villagers or other rights holders whose land has been expropriated. If a party requests a hearing, a hearing shall be held.

9. Other compensation

The municipal and county land and resources bureaus are required to pay all land acquisition compensation, resettlement, social security fees and other expenses within three months from the date of approval of the proposed land acquisition compensation and resettlement plan.

10. Enterprise retreat

If any unit or individual violates land management laws and regulations and obstructs the requisition of land for national construction, the land administration department of the government at or above the county level shall order it to hand over the land; if it refuses to hand over the land, it shall apply to the People's Court for compulsory execution.

Yingting reminds you:

What can I do if I have objections to resettlement compensation? According to the relevant laws and regulations of our country, the expropriated and demolished persons can file an administrative review within 60 days of receiving the expropriation decision, expropriation compensation decision and other specific administrative actions, and file an administrative lawsuit within 6 months. If your house is forcibly demolished, you must file a lawsuit to defend your rights within 6 months of knowing the date of demolition. If you have not negotiated compensation terms with the government, you can consult a lawyer specializing in land acquisition and demolition, or ask a lawyer to intervene and negotiate with the government using professional legal knowledge to strive for fair and satisfactory compensation.

Each case has a story. If you have encountered similar problems or have other land acquisition and demolition issues, you can leave us a message for one-on-one consultation.

Editor/Original Author: Yingting Demolition Lawyers Group