Introduction to the article: Compared with cities, rural people do not know much about the expropriation process and the laws and regulations on expropriation. In particular, there are few lawyer resources. It is difficult to find a lawyer for face-to-face consultation when encountering legal problems. However, local lawyers have little knowledge of the laws and regulations on expropriation, so they are at a loss about expropriation. In order to let more rural areas be expropriated The income earners have a better understanding of the law and a better understanding of expropriation. Our "Yingting Law Popularization" column uses video + text to tell everyone about it from multiple dimensions. Today we have compiled a list of nine necessary steps for rural land expropriation. It is wrong to miss one or make a mistake. They all involve procedural violations. For your own rights and interests, please send us a private message as soon as possible.

Step 1: Notice of land acquisition

Before land acquisition is submitted for approval, the municipal and county (city) land and resources departments shallInform the rural collective economic organizations and farmers affected by land acquisition in the form of "Land Acquisition Notice" of the purpose, location, compensation standards, resettlement channels, etc. of the proposed land.. The "Land Acquisition Notice" shall be posted in the village or group where the land is to be acquired.

Step 2: Land acquisition survey to confirm

After notification of land acquisition, the municipal and county (city) land and resources departments should promptly investigate and verify the ownership, land type, area of the land to be acquired, as well as the ownership, type and quantity of ground attachments, etc., fill in the "Land Acquisition Investigation Results Confirmation Form" truthfully, and the rural collective economic organizations, farmers and property rights holders of ground attachments whose land is being expropriated should confirm the investigation results.

Step Three: Organize land acquisition hearings

Land-expropriated collective economic organizations and farmers discuss land acquisition compensation standards and resettlement channelsMaking a written request for a hearing, city, county (city) land and resources departmentsHearings should be organized in accordance with the "Land and Resources Hearing Regulations". If the land-expropriated party fails to submit a written application for a hearing within 5 working days after being notified of the hearing, the hearing will be deemed to have been waived.

Step 4: Organize the materials for approval

The materials submitted for approval mainly include:

1. Construction land project submission materials include "one book and four plans", namely construction land submission instructions, land acquisition plan, agricultural land conversion plan, cultivated land supplement plan, and land supply plan;

2. Supplementary certificate of cultivated land;

3. Explanatory materials on land acquisition compensation fee standards and resettlement measures;

4. Notification of land acquisition purpose, location, compensation standards, and resettlement methods;

5. If the expropriated rural collective economic organizations and farmers request a hearing, hearing transcripts;

6. If forest land is occupied, a "Forest Land Use Review Consent" issued by the forestry authority shall be provided;

7. Review opinions on the overall land use plan;

8. Notice of agricultural land conversion plan;

9. Land ownership type and area review form and collective land ownership certificate;

10. Construction project land survey and demarcation results report and survey and demarcation map;

11. A 1:10,000 standard land use status map and overall planning map of the land to be occupied;

12. Supplementary cultivated land location map (marked on the 1:10000 standard land use status map);

13. Information confirmation materials signed by landless farmers.

Step 5: Submission for approval needs to be reviewed

According to the approval authority, according to the position of the land on the overall land use plan, the land use shall be reported in the form of urban batches of land, village and town batches of land, or separate site selection project land.

Review and approval of land use: The State Council and the provincial people's government review and approve the land use for construction projects reported with legal procedures and complete requirements in accordance with the overall land use plan, national industrial policies and land use policies.

Step Six: Relevant taxes must be paid

After the land use is approved, pay the paid use fees for newly added construction land and cultivated land reclamation fees in accordance with regulations. Only after the taxes and fees are paid in full can the land use approval document be obtained.

Step 7: Two announcements and one registration

After the land requisition plan is approved in accordance with the law, the municipal and county people's governments shall start from the date of receipt of the approval document.Within 10 days, and make a written announcement in the village or group where the acquired land is located. Among them, the requisition of land collectively owned by farmers in a township (town) shall be announced at the seat of the township (town) people's government.

The rural collective economic organizations, rural villagers or other rights holders whose land has been expropriated shall go to the designated place with the land ownership certificate to complete the land acquisition compensation registration procedures within the time limit specified in the land acquisition announcement.

Upon expiration of the announcement period, the land administration departments of the municipal and county people's governments shall formulate land acquisition compensation and resettlement plans based on the land acquisition plan and land acquisition compensation registration status and make an announcement within the township or town where the acquired land is located.

Step 8: Hearing for compensation and resettlement

Land-expropriated farmers have the right to apply for a hearing before the land acquisition compensation and resettlement plan is formulated. If the land administration department of the municipal or county people's government receives the hearing application,A hearing should be organized.

Step 9: Compensation and resettlement

After the land acquisition compensation and resettlement plan is determined, the land administration departments of the municipal and county people's governments shall pay land compensation, ground attachments and young crops compensation to the rural collective economic organizations and farmers whose land has been acquired in accordance with the land acquisition compensation and resettlement plan, and implement resettlement channels for the agricultural population who need to be resettled.If land acquisition compensation and resettlement are not implemented, the land shall not be forcibly occupied.

When a specific construction project requires the use of land, in addition to performing the above procedures, it is also necessary to undergo a land pre-examination before approval. That is, the land administration department will review matters related to the land use of the construction project, submit a construction project land pre-examination report and project filing, and after approval, the development and reform department will approve the project.

The above are the 9 necessary procedures for requisitioning rural land. You can see that each step is working on the previous step.

Yingting reminds you:

If you encounter illegal forced demolition, the person being expropriated and demolished 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. Petitions are not a legal means, and no matter how long the petition lasts, it does not constitute a reason to interrupt the time limit for prosecution. Many evicted people miss the statute of limitations when they file petitions. Even if they file a lawsuit, the court will not accept it. 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. 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.