On the issue of land expropriation during the contract period

If this is the case, then the other party has the right to terminate the contract, and the only compensation that can be given to you is the compensation for the seedlings, which is to give a little compensation for the crops you are planting now, and nothing else. If it is not a force majeure reason such as state expropriation, it depends on how the contract was agreed at that time and executed according to the contract. If the contract does not stipulate a clause for early termination, the two parties need to negotiate a settlement, and the party who fails to negotiate can sue the court.

The other party has no right to unilaterally terminate the contract. If the contract is terminated illegally, compensation shall be required. It is recommended that you go to the local agricultural administration department to apply for arbitration, or file a lawsuit directly.

Land Contract Law.

Article 26 During the contract period, the contract issuing party shall not take back the contracted land.

During the contract period, if the contracting party's entire family moves into a small town and settles down, it shall, in accordance with the wishes of the contracting party, retain its land contracting and management rights or allow them to transfer their land contracting and management rights in accordance with law.

During the contract period, if the contractor's family moves to a city divided into districts and changes to a non-agricultural household registration, the contracted cultivated land and grassland shall be returned to the contract-issuing party. If the contracting party does not return it, the contract-issuing party may take back the contracted cultivated land and grassland.

During the contract period, when the contracting party returns the contracted land or the contract-issuing party takes back the contracted land in accordance with law, the contracting party shall have the right to receive corresponding compensation for the increase in the production capacity of the land invested in the contracted land.

Article 35: During the contract period, the contract-issuing party shall not unilaterally terminate the contract, shall not force the contracting party to give up or change the right to contract and operate land under the pretext that the minority obeys the majority, shall not take back the contracted land for bidding and contracting on the grounds of dividing the "ration field" and "responsibility field", and shall not recover the contracted land to offset the arrears.

Article 54: Where the contract-issuing party commits any of the following acts, it shall bear civil liability such as stopping the infringement, returning the original property, restoring the original state, removing the obstruction, eliminating the danger, and compensating for losses

1) Interfering with the contractor's lawful autonomy in production and operation;

2) Violating the provisions of this Law to recover or adjust the contracted land;

3) Forcing or obstructing the contracting party to carry out the transfer of land contracting and management rights;

4) Carrying out the transfer of land contracting and management rights under the pretext that the minority obeys the majority and compels the contracting party to give up or change the land contracting and management rights;

5) Recovering the contracted land for bidding and contracting on the grounds of dividing "ration fields" and "responsibility fields";

6) Recover the arrears of the contracted land;

7) Depriving or infringing on women's lawful rights to contract and manage land;

8) Other acts that infringe on land contracting and management rights.

Article 55: Agreements in the contract that go against the will of the contracting party or violate mandatory provisions of laws and administrative regulations that prohibit the repossession or adjustment of contracted land are invalid.

2. If you do not agree to terminate the contract, and the other party has the need to continue to perform, you can also file a lawsuit with the court to require the other party to continue to perform the contract.

If the land contracted in rural areas is expropriated during the contract period, compensation shall be made according to the remaining years of the contract period.

The main items of compensation are the seedling fee and the compensation fee for above-ground buildings.

The rest of the land resettlement fees shall be uniformly disposed of by the village collective.

The village committee took 80 percent of the compensation for the expropriation of the contracted land, which was legal for the village. According to Article 8 of the Land Management Law, the contracted land is owned by the peasant collective.

Land owned by peasant collectives is owned by village peasant collectives in accordance with law, and is operated and managed by village collective economic organizations or villagers' committees. The nature of collective ownership of the land allocated by the collectives to the peasants has not changed, and the peasants have the right to operate and have no right to impose penalties. According to Article 47 of the Land Management Law, it is limited:

If the land is expropriated, compensation shall be given to Dou Xiangzhong according to the original use of the expropriated land. The compensation cost of cultivated land expropriation includes land compensation, resettlement subsidy, and compensation for attachments and seedlings on the ground. It can be seen that the land compensation fee and resettlement subsidy fee in the compensation cost of expropriating cultivated land should be owned by the collective or the village committee, and the compensation fee for the attachments and seedlings on the ground should belong to the land contractor, and this part of the compensation fee can account for 20% of the total compensation fee, which is not small.

Legal analysis: If the land lease contract is not expired to expropriate the expropriated land, the lessee shall be given economic compensation according to the comprehensive land price of the area, including compensation for the above-ground materials and seedling subsidies.

Legal basis: "Land Management Law of the People's Republic of China" Article 48 Fair and reasonable compensation shall be given for land expropriation to ensure that the original living standards of land-expropriated farmers are not reduced and their long-term livelihoods are guaranteed.

Land expropriation shall, in accordance with the law, timely and full payment of land compensation, resettlement subsidies and compensation for rural villagers' houses, other above-ground attachments and seedlings, and arrange social security expenses for land-expropriated farmers.

The standards for land compensation and resettlement subsidies for the expropriation of agricultural land shall be determined by the provinces, autonomous regions and municipalities directly under the Central Government through the formulation and publication of comprehensive land prices for the districts. The formulation of comprehensive land prices for areas shall comprehensively consider factors such as the original use of land, land resource conditions, land output value, land location, land supply and demand, population, and economic and social development level, and shall be adjusted or re-published at least once every three years.

The compensation standards for expropriation of land other than agricultural land, above-ground attachments and seedlings shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government. Rural villagers' houses shall be compensated first and then relocated, and their living conditions improved, and the wishes of rural villagers shall be respected, and fair and reasonable compensation shall be given by means such as rearranging homestead land for construction, providing resettlement housing, or monetary compensation, and compensation shall be made for relocation and temporary resettlement expenses caused by expropriation, so as to protect rural villagers' right to live and lawful rights and interests in housing property.

Local people at or above the county level shall include land-expropriated farmers in the corresponding social security systems such as old-age pensions. The social security expenses of land-expropriated farmers are mainly used for social insurance payment subsidies such as pension insurance for eligible land-expropriated farmers. Measures for the collection, management and use of social security expenses for land-expropriated farmers shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.

Legal Analysis: The land compensation after land expropriation belongs to the landowner. That is, where rural land is expropriated, the land compensation money belongs to the village collective, not to the peasants.

As for how the village collectives should distribute the land compensation, it shall be discussed and decided by the villagers' congress or the villagers' congress. For the compensation fee for green seedlings and above-ground attachments in land expropriation, etc., it shall be enjoyed by the owners of green seedlings or above-ground attachments. That is, it belongs to the peasants who actually cultivate the land.

The resettlement subsidy in land expropriation shall be enjoyed by the villagers who have the right to resettle and shall be directly distributed to the villagers.

Legal basis: Article 47 of the Land Management Law Where land is expropriated, compensation shall be given in accordance with the original use of the expropriated land. The compensation fee for the expropriation of cultivated land includes land compensation fee, resettlement subsidy fee, and compensation fee for ground attachments and seedlings.

The land compensation fee for the expropriated cultivated land shall be 6 to 10 times the average annual output value of the cultivated land in the three years preceding the expropriation. The subsidy for the resettlement of cultivated land shall be calculated according to the number of agricultural population to be resettled. The number of agricultural population to be resettled shall be calculated by dividing the amount of cultivated land expropriated by the average amount of cultivated land occupied by the expropriated units before land requisition.

The standard of resettlement subsidy for each agricultural population to be resettled shall be four to six times the average annual output value of the cultivated land in the three years preceding the expropriation. However, the resettlement subsidy per hectare of expropriated cultivated land shall not exceed 15 times the average annual output value of the three years preceding the expropriation. The standards for land compensation and resettlement subsidies for the expropriation of other land shall be prescribed by the provinces, autonomous regions and municipalities directly under the Central Government with reference to the standards for land compensation and resettlement subsidies for the expropriation of cultivated land.

The compensation standards for attachments and seedlings on the expropriated land shall be prescribed by the provinces, autonomous regions and municipalities directly under the Central Government. To expropriate vegetable land in the suburbs of the city, the land-using unit shall pay for the development and construction of new vegetable land in accordance with the relevant provisions of the State. In accordance with the provisions of the second paragraph of this article, the payment of land compensation fees and resettlement subsidies cannot enable the peasants who need to be resettled to maintain their original living standards, and the resettlement subsidies may be increased with the approval of the people of the provinces, autonomous regions, and municipalities directly under the Central Government.

However, the sum of the land compensation fee and the resettlement subsidy shall not exceed 30 times the average annual output value of the land in the three years preceding the expropriation. According to the level of social and economic development, under special circumstances, the standards of land compensation and resettlement subsidies for cultivated land may be raised.

Article 48 of the Land Management Law after the compensation and resettlement program for land acquisition is determined, the relevant local people shall be announced, and listen to the opinions of the land-expropriated rural collective economic organizations and farmers.

Article 49 of the Land Management Law of the Rural Collective Economic Organization shall be expropriated land compensation fees of the income and expenditure of the members of the collective economic organization to be announced, subject to supervision.

During the land contract period, the expropriated land shall be compensated according to the original use of the expropriated land; The land compensation fee for the expropriated cultivated land shall be 6 to 10 times the average annual output value of the cultivated land in the three years preceding the expropriation; The resettlement subsidy for cultivated land is levied, and the number of agricultural population that needs to be resettled is calculated and buried.

Legal basis.