Legal information

Article introduction: The demolition party said that the farm was deemed to be an illegal construction, so the farm could not receive compensation. Is this correct? In fact, according to relevant laws and practical experience, farms that are found to be illegally constructed can also receive compensation!

1. Occupying cultivated land other than basic farmland to engage in breeding industry will no longer be subject to approval as construction land or temporary land.

According to the relevant regulations of the Ministry of Land and Resources' "National Land Classification" and "Request for Instructions on How to Handle Land Land for Breeding", breeding land belongs to agricultural land, and building breeding houses on it does not constitute a change in land use. Occupying cultivated land other than basic farmland to engage in breeding industry will no longer be approved as construction land or temporary land.

2. Land contractors can decide independently to use cultivated land for breeding.

Ying Ting suggested that the land contractor's autonomy in production and operation should be fully respected. As long as the cultivated land is not damaged and the farming conditions are not damaged, the land contractor can decide independently to use the cultivated land for breeding.

3. It is not in compliance with the law to determine that the breeding farm is an illegal construction, and the breeding farm should be given reasonable compensation.

Construction compensation and farm compensation are two completely different concepts. Even if it is determined to be an illegal construction, the pig farm must be compensated for the losses.

4. Corresponding compensation can be given to the breeding farms in accordance with the law.

The Yingting Demolition Group believes that according to the provisions of Article 17 of the "Regulations on Expropriation and Compensation of Houses on State-owned Land" (hereinafter referred to as the "Regulations on Expropriation and Compensation"), compensation can be obtained in terms of house value, relocation, temporary resettlement, and losses due to suspension of production and business.