Can peasants who temporarily occupy land not be given temporary occupation?

Temporary occupation refers to: construction project construction and geological exploration.

Where it is necessary to temporarily use state-owned land or land owned by peasant collectives, the period of temporary use of land is generally not more than two years. The construction of the railway requires the stacking of materials on your contracted land, which is a typical temporary land.

As for how to compensate for temporary land occupation, there is no uniform provision in China's laws, and some provinces have local regulations.

and the document stipulates that the compensation standard for temporary occupation is calculated according to the compensation percentage of the expropriated land. For example: "The construction of construction projects and geological surveys require the temporary use of rural collective land.

or state-owned land, with a use period of 1 year, the compensation standard is 15% of the comprehensive land price of the expropriated area; If the use period is 2 years, the compensation standard is 20% of the comprehensive land price of the expropriated area. "But most provinces don't have a clear rule on this.

Judging from the basic principles of the law, if the temporary occupation of land has been approved by the local land department in accordance with the law, the compensation should be the income reduced by the peasants due to the inability to cultivate the land during the occupation of the peasants' land, and the restoration of the original appearance of the land after the expiration of the land occupation. The amount of this income shall be negotiated between the temporary land occupation department and the contractor, and if the negotiation fails, the two parties shall jointly entrust an appraisal agency to assess the income of the farmers, or it can be resolved through litigation.

In practice, many units that temporarily occupy land find it too cumbersome to negotiate with the farmers who have contracted the land, so they reach an agreement with the villagers' committee on compensation for the temporary land occupation without the consent of the contractor. This is an act that seriously infringes on the interests of the contractor. Temporary occupation is different from land acquisition by the state, it is not a permanent occupation, and it does not change the nature of peasant ownership of the land.

The compensation fee for the land occupation should be fully owned by the contractor. In such cases, the contractor may refuse to occupy the land, or may file a lawsuit with the court for the invalidity of the agreement reached between the village committee and the occupancy unit.

<> have to pay a temporary occupancy fee! Legal basis: "Article 57 of the Land Management Law of the People's Republic of China Construction projects and geological exploration need to temporarily use State-owned land or land owned by farmers' collectives, approved by the people's land administrative departments at or above the county level.

Among them, the temporary land in the urban planning area shall be approved by the relevant urban planning administrative departments before being submitted for approval. Land users shall, in accordance with land ownership, sign a contract for the temporary use of land with the relevant land administrative departments or rural collective economic organizations and villagers' committees, and pay compensation for the temporary use of land in accordance with the contract. The user of the temporary use of the land shall use the land in accordance with the use agreed in the temporary use of the land contract, and shall not build permanent buildings.

The term of temporary use of land is generally not more than two years.

If the construction project construction and geological exploration require temporary land, and the site selection is indeed difficult to avoid permanent basic farmland, under the premise of not building permanent buildings, structures, buildings, and restoring the original old planting conditions through reclamation, apply for temporary land and prepare a land reclamation plan according to legal procedures, and it can be temporarily occupied with the approval of the competent department of natural resources at the county level, and it also needs to be filed with the competent department of natural resources at the municipal level. Generally, the temporary occupation period shall not exceed two years.

Through engineering and technical measures such as soil stripping and reuse of cultivated land tillage layer, the damage to the tillage layer is reduced. After the expiration of the temporary land, the land user should timely reclaim and restore the planting conditions of the original land; After reclamation, the acceptance work will generally be carried out by the county-level competent departments of natural resources and relevant departments of agriculture and rural areas, and the legal basis is [].

Land Management Law of the People's Republic of China

Article 57 Where the construction of a construction project or geological exploration requires the temporary use of state-owned land or land owned by peasant collectives, it shall be approved by the competent department of natural resources of the people's people at or above the county level.

Legal analysis: Temporary land is generally not allowed to occupy permanent basic farmland, but construction projects that comply with national regulations and are allowed to temporarily occupy permanent basic farmland may apply for temporary land in accordance with legal procedures.

Legal basis: "Implementation Opinions of the People's of Guangxi Zhuang Autonomous Region on the Comprehensive Implementation of Special Protection of Permanent Basic Farmland" Temporary land shall generally not occupy permanent basic farmland, but if it is in accordance with national regulations to allow the temporary occupation of permanent basic farmland for construction project construction, geological exploration, emergency rescue and disaster relief, and the temporary land is required and the site selection is indeed difficult to avoid permanent basic farmland, on the premise that no permanent buildings (structures) are built and the original planting conditions can be restored through reclamation, the land user shall apply for temporary land in accordance with legal procedures. At the same time, the land reclamation plan prepared can only be temporarily occupied after it has been reviewed and approved by the competent department.