Recently, many friends have contacted us, saying that their farm has been determined to be illegal and has been forcibly demolished, and asked if we can get compensation, or if we can sue the agency or the government that has been identified as illegal construction. Shi Xining, the chief lawyer of Beijing Jingkang Law Firm, would like to talk to you about why our own farm was demolished and whether we can get compensation.
Lawyer's interpretation
With the rapid development of society, everyone's cost of living is also rising rapidly, in the case of more and more children, but not more and more land, many farmers think of building a pig farm on their own land, Sheep farms or cattle farms, in order to improve their income, but there are many friends who have just built the farm, and even before it has been built, it is identified as an illegal building, so as to carry out forced demolition, so whether we can confirm that the forced demolition is illegal, and whether we can claim the corresponding compensation, we need to pay attention to the following points:
1. Whether the farm occupies permanent basic farmland
Permanent basic farmland is demarcated according to the national grain demand, and permanent basic farmland is to produce grain with high quality to ensure that grain production capacity meets national standards. Under normal circumstances, permanent basic farmland is not allowed to build aquaculture facilities such as breeding farms, which destroy the cultivated layer. At the end of 2019, in response to the long-term rise in pork prices at that time, the Ministry of Natural Resources and the Ministry of Agriculture and Rural Affairs issued the "Notice on Issues Concerning the Management of Facility Agricultural Land", which proposed that if aquaculture facility agriculture involves a small amount of permanent basic farmland that is indeed difficult to avoid, it is allowed to be used but must be rezoned. However, at the end of 2021, the Ministry of Natural Resources and three other departments jointly issued the Notice on Issues Concerning the Strict Control of Cultivated Land Use, which clearly stated that "it is strictly forbidden to occupy new permanent basic farmland for the construction of livestock and poultry breeding facilities, aquaculture facilities and planting facilities that destroy the cultivated layer". Therefore, farms built on permanent basic farmland are generally demolished.
Second, see if there is a supplementary plan or the implementation of the "entry and exit balance"
At the end of 2019, the Ministry of Natural Resources and the Ministry of Agriculture and Rural Affairs issued the Notice on Issues Concerning the Management of Facility Agricultural Land, which stipulates that if aquaculture facility agriculture involves a small amount of permanent basic farmland that is indeed difficult to avoid, it is allowed to be used but must be rezoned. If the construction of facility agriculture before November 27, 2021 occupies a small amount of basic farmland, and the county government implements the rezoning, in this case, it does not need to be demolished.
The "Notice on Issues Concerning the Strict Control of Cultivated Land Use" stipulates that if a breeding facility really needs to occupy cultivated land, it shall be approved and meet the relevant standards, and the "balance between entry and exit" shall be implemented. If the construction is carried out after November 27, 2021, and the "access balance" is approved and implemented by the county-level government, it will not be demolished in this case.
3. Built on cultivated land but not illegally
1. Farms, orchards and other facilities built on wasteland are not illegal. This kind of construction of orchards and farms is not illegal and can be used legally as long as it is approved by the relevant departments.
2. Farms on cultivated land. This does not mean that all farms on farmland are illegal and need to be demolished, and it is necessary to decide according to local policies.
3. Buildings such as temporary greenhouses on cultivated land. These greenhouses not only provide a better environment for growing crops, but also ensure that these crops are not damaged or even lost due to bad weather. Therefore, it cannot be determined that it is illegal and forcibly demolished
4. Houses that have been renovated on the original site but have not gone through the formalities and do not exceed the specified area of the original homestead.
4. What are the penalties for building farms on rural farmland?
If you build a farm on basic farmland, you may face fines in addition to legal demolition. Of course, the policies of various places are different, and the specific punishment situation is subject to the penalty decision of the local government department. If it meets the requirements of breeding land, it is also necessary to apply to the township (town) people's government and other relevant departments, and the construction can only start after approval.
To sum up, we can see that the construction of farms on cultivated land or permanent basic farmland is not necessarily illegal, nor can it be demolished at will, as long as it complies with the provisions of mainland laws and regulations, or is approved by the relevant departments, we are allowed to build farms, no one is qualified to determine that our farms are illegal, any forced demolition is illegal, we ordinary people should take up the weapon of the law, as far as possible to protect our own legitimate rights and interests.
Director Shi reminded
Demolition and relocation is a long-term struggle that requires comprehensive professional knowledge, control of the overall situation, and rational application of the law. Even a lawyer with many years of litigation experience is constantly learning and updating, so that he can calmly analyze and make correct judgments in a case. And for non-law-abiding people, this is a huge subject that cannot be achieved by just a short period of time. Therefore, when encountering any demolition problems, you may wish to ask a lawyer and carry out professional rights protection under the guidance of a lawyer.