Legal information

Introduction to the article: Renting in lieu of expropriation is a current situation faced by rural expropriation and demolition. When people change the use of cultivated land and illegal land occupation is serious, it will involve criminal offenses. However, expropriation or enterprises often use leasing to expropriate. So is it legal for them to rent in lieu of expropriation? Can the land expropriated by rent be returned?

1. What is “renting in lieu of tax?”

"Leasing in lieu of expropriation" refers to the unauthorized conversion of agricultural land into construction land. The so-called "renting instead of expropriation" means renting farmers' collective land for non-agricultural construction and expanding the scale of construction land without authorization.

2.Can the land that was “rented in lieu of expropriation” be returned?

According to various facts, leasing in lieu of expropriation is inconsistent with the provisions of the Land Management Law. It not only infringes on the legitimate rights and interests of farmers, but also does not comply with national legal requirements. So, can the land be returned after an agreement signed through this illegal means?

The Yingting demolition team found that according to the "Land Management Law", the use rights of farmers' collective land cannot be sold or transferred for non-agricultural construction in the form of lease. In addition, if the enterprise complies with the overall land use plan and obtains construction land, except for the transfer of land use rights due to bankruptcy or other reasons, the Management Law also clearly stipulates that "all contracts that violate legal provisions are deemed to be invalid contracts."

Everyone should understand that this form of land rental agreement does not comply with legal provisions. You can completely regard the contract as invalid and ask for your land back.

Dong Guo, a female lawyer from the Yingting demolition team, solemnly reminded: In the past, there were different opinions on the use of lease instead of expropriation. Now that the land is in the reform period, there may be various acts of expropriation on behalf of others in various places. As an expropriated person, you must be vigilant to avoid losing your land.

Yingting reminds you:

1. 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. Some relocated households will petition, but petitioning is not a legal channel, and no matter how long the petition lasts, it does not constitute a reason to interrupt the time limit for prosecution. Many people who were demolished were delayed in filing petitions and missed the statute of limitations. Even if they sued, the court would not accept it. Even if you find a lawyer, there is nothing you can do to help you! In practice, no matter how you report the situation to your superiors, report it to local staff, or visit everywhere, you can't actually solve the problem. What you only waste is your precious time to protect your rights and interests! If you cannot reach an agreement with the expropriation and demolition party, please contact a professional expropriation and demolition lawyer as soon as possible to find a solution.

2. In our country, land acquisition and demolition activities are regulated by basic laws and local policies, but because individual cases are different, generalizations cannot be made. If you have questions about whether you can receive compensation, the share of compensation, the amount of compensation, etc.; or your company is facing issues such as vacating, demolition, environmental protection shutdown, etc. Please consult a professional land acquisition and demolition lawyer to provide professional advice to protect your legal rights and interests.