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Illegal construction? Environmental protection? Expropriation? Forced demolition of breeding farms routine
Home page >> Ying Ting Information >> Legal information
Article author：Yingting Lawyers Group | Update time：2019-08-09 | Reading times：479
After the reform and opening up, China's economy has developed rapidly, and the "rich village" Huaxi Village has emerged brilliantly, inspiring many people to embark on the path of making a fortune in which "every family has an industry and everyone strives to be well-off". In rural areas, many farmers have built feedlots one after another. In addition to farming and cultivation, they work hard to develop side businesses to generate income, and their lives are prosperous and prosperous.
In recent years, the state has launched a series of land acquisitions to improve the living standards of the people.Demolitionproject. Among them, some of the breeding farms built in the early years were located on land expropriatedDemolitionWithin the scope of the project, there are also expropriations. However, in order to lower the price of farmersDemolitioncost, singleDemolitionFang was full of tricks and tried every means to set traps and forcefully demolish the breeding farms, making it difficult for breeders to guard against them.
The following are the three most common ones, specially designed for farmersDemolitionRoutine, have you fallen for it?
Illegal construction? Environmental protection? Expropriation? Forced demolition of breeding farms routine
Illegal construction
Forced demolition in the name of illegal constructionDemolitionFang's routine has always failed, and the elimination of the breeding farm is no exception.
DemolitionFang sent the farmer a "decision to demolish within a time limit" and informed him that he did not have a construction planning permit and it was an illegal construction. However, according to the rules of the "Notice of the Ministry of Land and Resources and the Ministry of Agriculture on Further Supporting the Healthy Development of Equipment Agriculture", the land used for poultry houses and necessary ancillary places in the farms belongs to equipment agriculture land, which is directly used or serves agricultural production and is managed as agricultural land. Therefore, the construction of a breeding farm does not change the original land use, and there is no need to apply for a construction planning permit.DemolitionThe party cannot arbitrarily carry out forced demolition on the grounds that the farmers do not have a construction planning permit.
Environmental protection measures
Environmental remediation has becomeDemolitionThe most common method used by the Party to force the removal of feedlots. In the past, many breeders were encouraged by local policies to actively carry out breeding operations. When relocation comes, some places try to speed upDemolitionProgress, on the grounds that the environmental protection standards are not up to standard, they will either be closed within a time limit, or ordered to be dismantled, and all feedlots within the scope of the expropriation will be shut down across the board. In this regard, many wereDemolitionThe farmers all had thoughts in their minds: "Why didn't anyone mention the non-environmental protection standards before? Why did almost all the farmers fail to meet the environmental protection standards at the beginning of the relocation?"
According to the provisions of the "Law on the Prevention and Control of Pollution from Large-Scale Livestock and Poultry Breeding", an administrative regulation promulgated by the State Council, if livestock and poultry breeders suffer economic losses due to animal husbandry development planning, overall land use planning, urban and rural planning adjustments, and the delineation of prohibited breeding areas, or due to comprehensive rectification of heavily polluted livestock and poultry breeding areas, it is necessary to close or relocate existing livestock and poultry breeding sites, resulting in economic losses to livestock and poultry breeders, the local people's government at or above the county level shall compensate them in accordance with the law.
Illegal construction? Environmental protection? Expropriation? Forced demolition of breeding farms routine
It can be seen from the above that due to the needs of public interests, relevant policies have been adjusted, resulting in the suspension, relocation, and removal of feedlots, etc., and they have the right to obtain compensation in accordance with the law. It is necessary to provide reasonable compensation and resettlement to the relevant subjects who have suffered losses.
If the livestock farm itself does commit environmental violations, the Environmental Protection Bureau at or above the county level has the power to impose fines and order administrative sanctions to stop illegal activities, and the people's government at or above the county level has the power to order the closure of the farm involved within a time limit or the dismantling of the farm involved. It needs to be pointed out that the power of the people's government here is still only to "order dismantling or closing", rather than "forcibly dismantling or closing".
Land expropriation
The forced demolition of breeding farms in the name of land expropriation is the most "normal" but also the least "normal" routine. It is normal because the land of the feedlot has been reclaimed and expropriation is the only way to go. It's not normal because it'sDemolitionThere are a large number of the above two routines implemented to compensate for decline.
The breeding farms were forcibly demolished in the name of land expropriation.DemolitionThe party is based on Article 45 of the "Land Management Law Enforcement Decree", "Whoever violates land management laws and regulations and obstructs the state's construction and expropriation of land shall be ordered by the land administration department of the people's government at or above the county level to hand over the land; if he refuses to hand over the land, he shall request the People's Court for enforcement."
Illegal construction? Environmental protection? Expropriation? Forced demolition of breeding farms routine
According to this rule, the breeding farm can be legally demolished, that is, after going through the decision-making process of ordering the surrender of the land,DemolitionThe party requested the court to enforce the forced demolition. According to legal rules, theDemolitionStarting from the time a person receives a decision on compensation or a decision ordering the surrender of land, the time limit for requesting reconsideration is 60 days, and the time limit for filing an administrative lawsuit is 6 months. There will be no reconsideration or litigation within this statutory time limit.DemolitionOnly then can you apply for judicial demolition.
Lawyer Ying Ting reminds everyone,DemolitionNo matter what the reason or pretext is for forcibly demolishing a breeding farm, corresponding administrative actions must be carried out in strict accordance with legal procedures. Otherwise, the owner of the breeding farm has the right to protect his legitimate rights and interests through legal channels and make the reckless ones pay the legal price.
In recent years, the state has launched a series of land acquisitions to improve the living standards of the people.Demolitionproject. Among them, some of the breeding farms built in the early years were located on land expropriatedDemolitionWithin the scope of the project, there are also expropriations. However, in order to lower the price of farmersDemolitioncost, singleDemolitionFang was full of tricks and tried every means to set traps and forcefully demolish the breeding farms, making it difficult for breeders to guard against them.
The following are the three most common ones, specially designed for farmersDemolitionRoutine, have you fallen for it?
Illegal construction? Environmental protection? Expropriation? Forced demolition of breeding farms routine
Illegal construction
Forced demolition in the name of illegal constructionDemolitionFang's routine has always failed, and the elimination of the breeding farm is no exception.
DemolitionFang sent the farmer a "decision to demolish within a time limit" and informed him that he did not have a construction planning permit and it was an illegal construction. However, according to the rules of the "Notice of the Ministry of Land and Resources and the Ministry of Agriculture on Further Supporting the Healthy Development of Equipment Agriculture", the land used for poultry houses and necessary ancillary places in the farms belongs to equipment agriculture land, which is directly used or serves agricultural production and is managed as agricultural land. Therefore, the construction of a breeding farm does not change the original land use, and there is no need to apply for a construction planning permit.DemolitionThe party cannot arbitrarily carry out forced demolition on the grounds that the farmers do not have a construction planning permit.
Environmental protection measures
Environmental remediation has becomeDemolitionThe most common method used by the Party to force the removal of feedlots. In the past, many breeders were encouraged by local policies to actively carry out breeding operations. When relocation comes, some places try to speed upDemolitionProgress, on the grounds that the environmental protection standards are not up to standard, they will either be closed within a time limit, or ordered to be dismantled, and all feedlots within the scope of the expropriation will be shut down across the board. In this regard, many wereDemolitionThe farmers all had thoughts in their minds: "Why didn't anyone mention the non-environmental protection standards before? Why did almost all the farmers fail to meet the environmental protection standards at the beginning of the relocation?"
According to the provisions of the "Law on the Prevention and Control of Pollution from Large-Scale Livestock and Poultry Breeding", an administrative regulation promulgated by the State Council, if livestock and poultry breeders suffer economic losses due to animal husbandry development planning, overall land use planning, urban and rural planning adjustments, and the delineation of prohibited breeding areas, or due to comprehensive rectification of heavily polluted livestock and poultry breeding areas, it is necessary to close or relocate existing livestock and poultry breeding sites, resulting in economic losses to livestock and poultry breeders, the local people's government at or above the county level shall compensate them in accordance with the law.
Illegal construction? Environmental protection? Expropriation? Forced demolition of breeding farms routine
It can be seen from the above that due to the needs of public interests, relevant policies have been adjusted, resulting in the suspension, relocation, and removal of feedlots, etc., and they have the right to obtain compensation in accordance with the law. It is necessary to provide reasonable compensation and resettlement to the relevant subjects who have suffered losses.
If the livestock farm itself does commit environmental violations, the Environmental Protection Bureau at or above the county level has the power to impose fines and order administrative sanctions to stop illegal activities, and the people's government at or above the county level has the power to order the closure of the farm involved within a time limit or the dismantling of the farm involved. It needs to be pointed out that the power of the people's government here is still only to "order dismantling or closing", rather than "forcibly dismantling or closing".
Land expropriation
The forced demolition of breeding farms in the name of land expropriation is the most "normal" but also the least "normal" routine. It is normal because the land of the feedlot has been reclaimed and expropriation is the only way to go. It's not normal because it'sDemolitionThere are a large number of the above two routines implemented to compensate for decline.
The breeding farms were forcibly demolished in the name of land expropriation.DemolitionThe party is based on Article 45 of the "Land Management Law Enforcement Decree", "Whoever violates land management laws and regulations and obstructs the state's construction and expropriation of land shall be ordered by the land administration department of the people's government at or above the county level to hand over the land; if he refuses to hand over the land, he shall request the People's Court for enforcement."
Illegal construction? Environmental protection? Expropriation? Forced demolition of breeding farms routine
According to this rule, the breeding farm can be legally demolished, that is, after going through the decision-making process of ordering the surrender of the land,DemolitionThe party requested the court to enforce the forced demolition. According to legal rules, theDemolitionStarting from the time a person receives a decision on compensation or a decision ordering the surrender of land, the time limit for requesting reconsideration is 60 days, and the time limit for filing an administrative lawsuit is 6 months. There will be no reconsideration or litigation within this statutory time limit.DemolitionOnly then can you apply for judicial demolition.
Lawyer Ying Ting reminds everyone,DemolitionNo matter what the reason or pretext is for forcibly demolishing a breeding farm, corresponding administrative actions must be carried out in strict accordance with legal procedures. Otherwise, the owner of the breeding farm has the right to protect his legitimate rights and interests through legal channels and make the reckless ones pay the legal price.
Previous article：What happened to the demolition agreement?
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