What should I do if I encounter illegal land acquisition without approval?

In real life, the most common land expropriation, although land expropriation is to go through strict legal procedures, and must be approved to implement the expropriation procedure, but some areas are often not approved on the land expropriation, and this kind of behavior generally becomes "unapproved preemption", this kind of behavior is first of all the law is not allowed, infringing on the rights and interests of the expropriated person, then, what to do when encountering the illegal land acquisition behavior of "pre-approval"? Mr. Shi Xining, director of Beijing Jingkang Law Firm and co-director of the Institute of Property Rights and Land Of Northwest University of Political Science and Law, believes that the mainland's management of land is very strict, the legal provisions are comprehensive, and there are special law enforcement agencies, and the ultimate purpose is to protect the rights and interests of land users.

I. What should I do if I encounter illegal land acquisition behavior of "pre-occupation without approval"?

In the field of land requisition and demolition, land violations and chaos have for a long time seriously infringed upon the legitimate rights and interests of peasants whose land has been expropriated. A large number of rural collective land such as cultivated land and homestead land are used to carry out project construction in various names and methods without the approval of the conversion of agricultural land, and the rights and interests of expropriation compensation that the vast number of farmers should enjoy cannot be guaranteed at all.

The illegal occupation of land is very common, and the "approval" is actually two meanings, one is the approval of the conversion of agricultural land. The second is the examination and approval of land expropriation.

Article 44 of the Land Administration Law stipulates that where construction occupies land and involves the conversion of agricultural land into construction land, the formalities for examination and approval of the conversion of agricultural land shall be completed.

Roads, pipeline projects, large-scale infrastructure construction projects approved by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government, as well as construction projects approved by the State Council, occupy land and involve the conversion of agricultural land into construction land, which shall be approved by the State Council.

Within the scope of the scale of construction land for cities, villages and market towns determined by the overall land use plan, if agricultural land is converted to construction land for the purpose of implementing the plan, it shall be approved by the organ that originally approved the overall land use plan in batches according to the annual land use plan. Within the scope of the approved conversion of agricultural land, the specific construction project land may be approved by the municipal or county people's government.

Where land occupied by construction projects other than those provided for in paragraphs 2 and 3 of this Article involves the conversion of agricultural land into construction land, the people's governments of provinces, autonomous regions, or municipalities directly under the Central Government shall approve it.

Article 45 of the Land Administration Law stipulates that the requisition of the following land shall be approved by the State Council:

1. Basic farmland;

2. Arable land other than basic farmland exceeds 35 hectares;

3. Other land exceeding 70 hectares.

Where land other than those provided for in the preceding paragraph is requisitioned, it shall be approved by the people's government of the province, autonomous region or municipality directly under the Central Government and reported to the State Council for the record.

For the act of "pre-occupation without approval", an application for government information disclosure should be applied to the relevant part, and if the government information disclosure indicates that there is no land acquisition approval document, an application for land illegal investigation and punishment may be submitted to the land resources department, and the land resources department may be requested to investigate and deal with the illegal land acquisition by the local government or the illegal occupation of relevant enterprises. If the land and resources department is involved in administrative inaction, it may, in accordance with the provisions of article 12, item 6 of the Administrative Litigation Law, "where an application is made to an administrative organ to perform its statutory duty to protect personal rights, property rights, and other lawful rights and interests, and the administrative organ refuses to perform or does not respond, it may initiate an administrative lawsuit." "Bring an administrative action before the competent court.

Second, how to deal with illegal land acquisition

1. The government's illegal expropriation of peasant land should be reflected to the higher-level government, and gradually reflected until the Ministry of Land and Resources.

In accordance with the provisions of the "Emergency Circular of the General Office of the Ministry of Land and Resources on StrictLy Managing and Preventing Illegal Land Acquisition", where illegal land acquisition or violent land acquisition and other acts that infringe on the interests of peasants and cause mass or vicious incidents, the relevant responsible personnel should be seriously investigated and held accountable in accordance with the relevant provisions.

2. If it is discovered that a grass-roots government has illegally acquired land, it may report to the people's government at the level above it, and if the problem is serious and constitutes a crime, it may be reported directly to the local public security organ or people's procuratorate.

3. You can consult a lawyer in a timely manner, protect your legitimate rights and interests through legal channels, and get reasonable compensation.