Around us people, things about land are always particularly touching. Recently, the term "rent instead of levy" has appeared frequently, which has made many people both curious and confused. No, let's talk about the things of "renting instead of levy" today, focusing on what everyone is most concerned about - is it legal?
Lawyer's interpretation
1. What is "rent in lieu of levy"?
"Rent instead of expropriation", simply put, means that some people want to use our farmers' land, not to go through the formal land requisition procedures, but to sign a long-term lease contract, the land originally used to grow crops has been quietly turned into construction land for building factories and buildings. It may sound like a no-brainer, but there's a lot of hidden doorway behind it.
2. Why is there a "rent instead of levy"?
This matter has to start with urban and rural development. With the acceleration of urbanization, the demand for land for various construction projects is increasing. According to the regulations, the conversion of agricultural land into construction land must go through strict land acquisition approval. But this process is cumbersome, complicated and time-consuming. As a result, in order to save trouble and money, some people started the idea of "renting instead of levy".
3. Is it legal to rent instead of levy?
This question has to be broken and crumpled to explain clearly.
From a legal point of view: The Land Management Law clearly states that the conversion of agricultural land into construction land must go through the statutory land acquisition procedures. In other words, if we want to carry out non-agricultural construction in our peasants' fields, we must first "expropriate" the land in accordance with regulations. Therefore, purely from the perspective of legal provisions, "renting instead of expropriating" directly bypasses the land acquisition procedure, which is obviously non-compliant.
At the policy level, although the "rent instead of collection" itself is illegal, the state is also exploring flexible land use methods to encourage moderate land circulation. For example, rural land management rights can be transferred and used for modern agriculture, rural tourism and other industries, which is allowed by the policy. As long as the use of leased land is proper, the procedures are compliant, the rent is reasonable, and the term is appropriate, such a "leased land" is fine.
4. What is illegal to "rent instead of levy"?
Since "renting instead of levy" is not exactly a flood beast, then we have to learn to distinguish which circumstances "renting land" is illegal:
Directly build factories and buildings: The most typical illegal situation is that someone rents our land and directly builds factories and buildings without approval, turning agricultural land into non-agricultural construction land, which is definitely stepping on the legal red line.
The rent is ridiculously low: if the rent of the leased land is significantly lower than the market price, or the lease period is too long, so that our farmers feel that they have suffered a big loss, this eighty percent is also problematic.
Black-box operation, we farmers are in the dark: if when signing the lease contract, it is not discussed by our farmers' collective meeting, or the content of the contract is hidden and not let us see clearly, this is a manifestation of illegality.
Fifth, in the case of "renting instead of levy", what should we people do?
Generally speaking, the illegally leased land will sometimes encounter some troubles, and the most serious may also lose the land, but sometimes some land lease contracts that violate laws and regulations do not have legal effect, and you can still ask the government to arrange land recultivation, rearrange the contracted land, or protect your legitimate rights and interests through administrative litigation.
Generally speaking, whether the matter of "renting instead of collecting" is legal, and the key depends on how to "rent" and what to rent for. We peasant friends should not only have the awareness of protecting land rights and interests, but also understand the country's land policy. In this way, in the tide of land circulation, we can guard our own "one acre and three points of land", so that every cent of interests fall into our own pockets.
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.