Legal Advice Ask about land acquisition

Land expropriation is a measure taken by the state to return collective or individual land and other property to the public in accordance with the conditions prescribed by law. Land expropriation is the first act, mandatory, expropriation needs to pay compensation to the owner of the expropriated land, Huaicha, resulting in the surplus labor must be resettled.

Article 245 of the Civil Code of the People's Republic of China: For emergency rescue and disaster relief, epidemic prevention and control, and other urgent needs, the immovable or movable property of organizations or individuals may be requisitioned in accordance with the authority and procedures provided by the law. After the expropriated immovable or movable property is used, it shall be returned to the expropriated person. Where the immovable or movable property of an organization or individual is requisitioned or damaged or lost after requisition, compensation shall be given.

How is the land compensation distributed, whether the land is occupied and given money to whom, or is it owned by the collective, and everyone shares it equally (if only the land is divided, can they still divide the land after the contract period expires, and why. How to distribute the land, and can the land be readjusted if the contract period is not enough? At present, half of the cultivated land has been expropriated, and half of the villagers have retained the cultivated land, and the expropriated people refuse to share it equally, believing that they occupy their land, and the compensation should belong to the squatters.

Moreover, whoever occupies the most will share more, and whoever occupies less will share less, and whoever clears the wasteland belongs to whomever he wants. Is there a way to do this?

How should the compensation be divided, whether it should be divided equally among all villagers or among all squatters. Or according to how much land you occupy. Now that the contract has been in place for 23 years, if only the households who occupy the manuscript and filial piety share the money, after 30 years, will the villagers who received the compensation still have the right to redistribute the remaining cultivated land?

If there is Buhan, then they sell the land and get the money, but they go to divide the land of the remaining people, yes.

Summary. Hello, your great Peter's share needs to be inherited.

This year, the farmland in the village is integrated and subleased, and now there is a problem of farmland disputes in my grandfather's family, when the fields were divided in the first few years, they were distributed according to the capitation, and my grandfather's family was divided into two copies, two copies, one of which I probably didn't want to listen to, so I and my uncle's family chose it, and my family didn't want it. When the land was divided, my family didn't want the land, and when it was distributed, the village chief said that if you don't want it, you can only confiscate it in the village, and then that share of the land, my uncle's family wanted, and he has been planting until now. Now, my uncle's family still wants to distribute the share of the land left by the old man at that time, half of the family.

The reason for the entanglement is that the old man only needs one copy of the field that was allocated to the old man, and the other part belongs to the uncle's family from the public village, not the old man's own field. The controversy I want to ask is that the uncle's family said that the land was obtained from the village, not the old man of the clan, and if the village approved it, the remaining share should be divided equally. What I want is that in the past few years, the land will be divided into households, and all the fields will be divided by the number of heads, and the share of land that the old man does not want should be divided fairly, but at that time it was not divided equally into my uncle's house, does this violate the law and the interests of other farmers?

Now it's just mediation, and the village won't go through legal procedures for such a thing, so in the case of mediation, is my eldest Peter's share inherited?

Hello, your great Peter's share needs to be inherited.

When encountering several kinds of problems, the parties can first communicate and solve them, and if the negotiation fails, they can be dealt with through **, and if they are not satisfied with the handling decision, they can file a lawsuit. After the confirmation of rural land rights, relevant regulations have been made on the issue of land ownership of rural farmers, so it is conducive to the development of land in Nongmumo Village and protects the rights and interests of farmers.

Two questions 1: Is it a violation of the law to solve the problem by not copying the banquet hall from the village, and whether the village and my uncle's family are responsible? 2 To settle the matter by adjustment, that is, inheritance, is there any dispute that the remaining share of the rent belongs to my family, and there is no need to divide it equally with the uncle's family, right?

Hello, question 1 violates the law, all are responsible, question 2, do not need to divide equally, there is no dispute.

For land expropriation, the expropriation unit shall compensate the village collective or contractor, and pay attention to the following issues.

First, when the land has been contracted by the village collective, the compensation fee shall be received by the contractor, and if the land has not been contracted, there shall be no compensation. (If your mother does not contract the land, there is no compensation).

Second, the compensation fee for uncontracted land, vacant land, wasteland, barren slopes, roads, and other collective public land shall be received by the village collective, and the distribution plan shall be decided by the villagers' assembly, and in principle, all members of the collective organization shall have the right to distribute it. (Regardless of whether the land has been contracted or not, as long as it is recognized as a member of the collective organization, it can be divided, and it is generally based on household registration).

Third, if the whole village is levied, ** will introduce preferential policies for the villagers of the collective organization, and all members of the collective organization enjoy this policy.