With the needs of social development, there are more and more land acquisition and demolition in rural areas. When the government expropriates peasants' land, in addition to legal projects, it must also give reasonable compensation to the expropriated persons in accordance with legal procedures.
If farmers want to get reasonable compensation for land requisition and avoid their legitimate rights and interests being infringed, they must pay attention to the details.
1. The following conditions must be met for the expropriation of collective land
Article 45 of the Land Administration Law stipulates that in any of the following circumstances, if it is truly necessary to expropriate land owned by peasant collectives in accordance with the law for the needs of the public interest:
1. Land is needed for military and diplomatic purposes;
2. Land is needed for the construction of energy, transportation, water conservancy, communications, postal and other infrastructure organized and implemented by the government;
3. Land is needed for public undertakings such as science and technology, education, culture, health, sports, ecological environment and resource protection, disaster prevention and mitigation, cultural relics protection, community comprehensive services, social welfare, municipal public utilities, preferential care and resettlement, and protection of martyrs organized and implemented by the government;
4. The construction of poverty alleviation and relocation and affordable housing projects organized and implemented by the government requires land;
5. Within the scope of urban construction land determined in the overall land use plan, land is needed for the development and construction of a piece of land that is organized and implemented by the local people's government at or above the county level with the approval of the people's government at or above the provincial level;
6. Other circumstances where the law provides that land owned by peasant collectives may be expropriated for the public interest.
2. The compensation and resettlement plan shall be announced for at least 30 days
Article 47 of the Land Management Law stipulates that if a local people's government at or above the county level intends to apply for land expropriation, it shall carry out an investigation of the current situation of the land to be expropriated and a social stability risk assessment, and announce the scope of expropriation, the current status of the land, the purpose of expropriation, the compensation standard, the resettlement method and social security within the scope of the township (town) and village and villager group where the land to be expropriated is located for at least 30 days, and listen to the opinions of the rural collective economic organizations and their members, villagers' committees and other stakeholders who have been expropriated.
Therefore, after seeing the land requisition compensation and resettlement plan, the majority of expropriated people should not only take pictures of the compensation and resettlement plan as soon as possible, but also need to carefully see whether the content of the compensation and resettlement plan is reasonable, and at the same time, they should also pay attention to the time limit of the announcement of the compensation and resettlement plan.
3. If the compensation is not satisfied, the land cannot be forcibly surrendered
In the process of collective land expropriation, it is often the case that the land-expropriated farmers are not satisfied with the compensation and refuse to sign the compensation and resettlement agreement. At this time, if the relevant departments want to get the land as soon as possible, they must first make a decision on land acquisition compensation and resettlement for the land-expropriated farmers. However, in practice, many expropriators often skip this procedure and directly make a decision to order the land-expropriated farmers to hand over their land.
In this case, everyone should pay attention to it, because this document will directly have a practical impact on the rights and obligations of the expropriated party. If you are not satisfied with the document, you must file an administrative reconsideration with the relevant departments as soon as possible, or file an administrative lawsuit with the people's court to revoke it, so as to protect your legitimate rights and interests.
Fourth, the village committee shall not arbitrarily withhold the land compensation fee
In the process of land expropriation, the expropriator will often pay the land compensation fee directly to the account of the village committee, and then the village committee and the villager group will meet to decide how to distribute it. According to the relevant laws, the vast majority (more than 80 percent) of the land compensation fee must be distributed to the land-expropriated farmers, and the village committee can only set aside a small part for the development and construction of the village.
In practice, if the village committee appropriates the land compensation fee for various reasons, it refuses to distribute it. Land-expropriated farmers can complain and report to the relevant departments at the next higher level about the behavior of the village committee, and request the relevant departments to investigate and deal with the behavior of the village committee, or even file a civil lawsuit for relief.