The approval of land acquisition, which is often referred to as the approval of land acquisition, is a very important document in the collective land acquisition process, and it is also the most core document in the process of land acquisition, which has the role of connecting the previous and the next.
In the expropriation process, if there is no land acquisition approval document, it must be illegal.
However, what many friends don't know is that sometimes with the approval document for land acquisition, the expropriation is not necessarily legal.
1. What is a land acquisition approval document?
Article 44 of the Land Management Law stipulates that the conversion of permanent basic farmland into construction land shall be subject to the approval of the State Council. Where agricultural land other than permanent basic farmland is converted into construction land outside the scope of the scale of construction land in cities, villages, and market towns as determined in the overall land use plan, it shall be approved by the State Council or the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government authorized by the State Council.
Article 46 stipulates that the expropriation of the following land shall be approved by the State Council: (1) permanent basic farmland; (2) cultivated land other than permanent basic farmland exceeding 35 hectares; (3) other land exceeding 70 hectares. The expropriation of land other than those provided for in the preceding paragraph shall be approved by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
If, in the process of expropriation, we see that the approval unit is another administrative organ, or a mass autonomous organization, a village committee, or a neighborhood committee, then the approval document will definitely be invalid.
2. The approval document for land acquisition is time-limited
After the approval of the land acquisition approval, it is not possible for the expropriator to collect it whenever it wants.
The law stipulates that the validity period of the approval documents for the conversion of agricultural land and land acquisition is two years, and if the land is not used or the land acquisition compensation and resettlement plan is not implemented within two years, the relevant approval documents will automatically become invalid. If the expropriation department wants to continue with the land acquisition, it needs to re-apply for the land acquisition approval documents.
If you encounter land acquisition this year during the expropriation process, but you get the land acquisition approval document from a few years ago, or even give the compensation standard more than ten years ago, it is definitely illegal land acquisition.
As the precious wealth of our peasant friends, we must pay attention to it. After seeing the land requisition approval document, review the legality in time. If it is found that there is a problem with the land acquisition approval unit or the land acquisition approval document is overdue, it must be timely through legal channels to protect rights.
If you don't know how to review it yourself, you can ask a professional demolition lawyer to help you see it and protect our land rights and interests from being infringed.