Legal information

Article introduction: There are 6 principle requirements for land expropriation, none of which can be violated!

1. For the needs of social and public interests.

According to the relevant provisions of the Land Management Law, land acquisition must be for the public interest. If it is used for commercial development, it is not a legal reason for land acquisition.

2. Land acquisition is a government action.

In other words, land acquisition is the exclusive power of the government, and no other unit or individual has the right to acquire land.

3. Approval must be obtained in accordance with the law.

The expropriation of basic farmland, cultivated land other than basic farmland exceeding 35 hectares, and other land exceeding 70 hectares must be approved by the State Council. The expropriation of other land shall be approved by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and reported to the State Council for record. When expropriating agricultural land, approval for the conversion of agricultural land must be processed in advance in accordance with relevant regulations. After the state's land acquisition is approved in accordance with legal procedures, the local people's government at or above the county level shall announce it and organize its implementation.

4. The “expropriated persons” must be compensated in accordance with the law.

The owner and user of the expropriated land shall, within the time limit specified in the announcement, go to the land administration department of the local people's government with the land ownership certificate to register for land expropriation compensation. The Yingting demolition team thinks so. If land is expropriated, compensation will be provided according to the original purpose of the expropriated land. Relevant laws and administrative regulations have special provisions on the specific compensation standards for expropriation.

5. Land expropriation must be disclosed to the public and subject to social supervision.

After the land acquisition compensation and resettlement plan is determined, the relevant local people's government shall make an announcement and listen to the opinions of the rural collective economic organizations and farmers whose land has been acquired. Ying Ting believes that rural collective economic organizations whose land has been expropriated should announce the income and expenditure of land compensation fees to the members of the collective economic organization and accept supervision.

6. Anyone who embezzles or misappropriates land acquisition compensation shall be punished by law.

The ownership and use rights of land acquisition funds are protected by law, and no organization or individual may arbitrarily infringe or misappropriate them for other purposes. Article 79 of the "Land Management Law" stipulates that if the land acquisition compensation and other related expenses of the unit whose land has been expropriated are misappropriated or misappropriated, and a crime is constituted, criminal liability shall be investigated in accordance with the law; if it does not constitute a crime, administrative sanctions shall be imposed in accordance with the law.

Yingting reminds you:

If you encounter similar problems, you can consult land acquisition and demolition professionals to provide you with legal advice with professional legal knowledge. Each case has a story. If you encounter similar problems, you can send a private message for one-on-one consultation.