Legal information

Introduction to the article: Land acquisition must be for the purpose of public interest. Villagers with disputes over resettlement and compensation can apply for administrative reconsideration and litigation.

1. A large part of land expropriation disputes revolve around whether the expropriation is for the "public interest". Ying Ting believes that because existing laws stipulate that land can be expropriated only for the purpose of public interest, which is specifically reflected in: Article 10, paragraph 3, of the Constitution stipulates: For the needs of public interest, the state may expropriate or expropriate land in accordance with legal provisions and provide compensation.

2. Article 2 of the "Land Management Law" states that for the needs of public interests, the state may expropriate or requisition land and provide compensation in accordance with the law. Article 42 of the Property Law stipulates that for the needs of the public interest, collectively owned land and units, individuals' houses and other real estate may be expropriated in accordance with the authority and procedures prescribed by law. It can be seen that the correct understanding and definition of "public interest" is the core of solving land expropriation. However, the term "public interest" has always been a controversial and very broad concept.

3. The usual understanding is that public interest refers to the legally protected rights enjoyed by the country or unspecified persons. Including national interests and social public interests, the beneficiaries should be the public. To benefit the public, it should at least have an interest relationship with the entire public. However, indirect benefits such as economic development zones and commercial housing development generally do not belong to public interests.

4. Our country’s laws do not clearly define “public interest”. If the problems that villagers are currently encountering cannot prevent the expropriation of land on the grounds of non-“public interest”, the illegal expropriation of land can be prevented based on whether the procedures are legal. The Yingting demolition team learned that the rural collective economic organizations and farmers whose land was expropriated should be informed that they have the right to apply for a hearing on the compensation standards and resettlement channels for the land to be acquired. If a party applies for a hearing, the hearing shall be organized in accordance with the procedures and relevant requirements stipulated in the "Land and Resources Hearing Regulations".

5. If the villager has a dispute over the compensation standard, he or she can also apply to the local people's government at or above the county level for coordination in accordance with the "Regulations for the Implementation of the Land Management Law"; if coordination fails, they can also apply for a ruling from the people's government that approved the land expropriation. If relevant procedures are violated during the land acquisition process, the villagers whose land was acquired can apply for administrative reconsideration or file an administrative lawsuit.

Yingting reminds you:

If you encounter illegal forced demolition, or are dissatisfied with the expropriation decision or resettlement compensation plan, the expropriated person 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. You must file a lawsuit to defend your rights within 6 months of knowing the date of forced demolition. Don’t miss the statute of limitations through petitions, reports, etc.