Legal information

Article introduction: Land expropriation refers to the legal act by which the state converts land collectively owned by farmers into state-owned land in accordance with the procedures and authority stipulated by law for the public interest needs, and provides reasonable compensation and proper resettlement to rural collective economic organizations and farmers whose land has been expropriated in accordance with the law. As long as one of these 6 illegal land acquisition phenomena occurs, you can go to court to sue the expropriating party!

First, land acquisition is not 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. If the subject of land acquisition is not the government, then it constitutes illegal land acquisition.

Second, land acquisition is not required for 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.

Third, land acquisition approval was not 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. It is a typical illegal land expropriation to carry out land expropriation without obtaining approval for land expropriation in accordance with the law and without land expropriation approval document.

Fourth, there is no compensation for land-expropriated units 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. Yingting believes that 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. The principle of “compensation first, relocation later” will be implemented.

Fifth, the land acquisition behavior was not 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. The rural collective economic organization whose land has been expropriated shall announce the income and expenditure status of the compensation fees for the expropriated land to the members of the collective economic organization and accept supervision. Must go through legal procedures such as hearings and announcements.

Sixth, those who embezzle and misappropriate land acquisition compensation funds 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. The Yingting Demolition Group learned that Article 79 of the Land Management Law stipulates that if the land acquisition compensation and other related expenses of the expropriated land unit are misappropriated and constitute a crime, 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 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.