Does the county land department have the right to change the use of the contracted land?

Without approval in accordance with the law, the land contracted by farmers shall not be used for non-agricultural construction, and the nature of the land can be changed if the procedures are handled in accordance with the law. Rural land contracting shall comply with laws and regulations to protect the rational development and sustainable use of land resources. Without approval in accordance with the law, the land contracted as dust shall not be used for non-agricultural construction.

Where the ownership and use of land are changed in accordance with the law, the registration formalities for land change shall be handled.

Legal basisArticle 44 of the Land Management Law of the People's Republic of China shall go through the approval procedures for the conversion of agricultural land into construction land for the construction of land occupied by construction. Provinces, autonomous regions, municipalities directly under the Central Government's approval of the people's first approval of the road, pipeline projects and large-scale infrastructure construction projects, approved construction projects occupy land, involving the conversion of agricultural land to construction land, by the approval of the first country.

Within the scope of the construction land for cities, villages and market towns determined in the overall land use plan, if agricultural land is converted into construction land for the purpose of implementing the plan, it shall be approved by the organ that originally approved the overall land use plan in batches according to the annual land use plan. Within the scope of the approved conversion of agricultural land, the land for specific construction projects can be approved by the people of the city and county.

The contracted land may not be reused without approval. According to the law, the land contractor has the obligation to maintain the agricultural use of the land, and shall not use the contracted land for non-agricultural construction without legal procedures.

Legal basisArticle 17 of the Rural Land Contract Law of the People's Republic of China.

The Contractor shall have the following rights:

1) Enjoy the right to use and benefit from the contracted land in accordance with the law, and have the right to independently organize production and operation and dispose of products;

2) Swap or transfer land contracting and management rights in accordance with law;

3) Circulation of land management rights in accordance with the law;

4) Where the contracted land is expropriated, requisitioned, or occupied in accordance with law, they have the right to receive corresponding compensation in accordance with law;

5) Other rights provided for by laws and administrative regulations.

Article 64 of the Rural Land Contract Law of the People's Republic of China.

If the owner of the land operation right changes the agricultural use of the land without authorization, abandons farming and abandons the land for more than two consecutive years, causing serious damage to the land or seriously damaging the ecological environment of the land, and the contracting party does not terminate the contract for the circulation of land operation rights within a reasonable period of time, the contract issuing party has the right to request the termination of the contract for the circulation of land operation rights. The owner of the land operation right shall compensate for the damage caused to the land and the ecological environment of the land.

"Swap" refers to the exchange of contracted land plots belonging to the same collective economic organization between the contracting parties for the convenience of farming or their respective needs, and the exchange of corresponding land contracting rights at the same time. Where the transfer is made by means of exchange, it shall be reported to the contract issuing party for the record. The parties may request to go through the formalities for the registration of the change of the rural land contract management right.

This is one of the ways in which the right to manage the land is transferred. According to Article 40 of the Land Contract Law, "the contracting parties may exchange the right to contract and operate land belonging to the same collective economic organization for the convenience of cultivation or their own needs.

Therefore, the right to contract and operate land is within the scope permitted by law. In the rural areas, two peasant brothers who have obtained the right to contract and manage land choose to exchange land for contract management. After the exchange, the exchanged contracted land is often more concentrated, which is conducive to the development of the local economy.

Legal Analysis: In land contracting, the contractor has the obligation to protect and rationally use the land according to the purposes agreed in the contract. Therefore, the contractor shall not change the use of the contracted land without authorization.

If it is necessary to change the use of the contracted land due to the adjustment of the agricultural production structure, it must be agreed by the contract-issuing party and meet the requirements of the overall land use plan.

Article 18 of the Rural Land Contract Law of the People's Republic of China provides that the contracting party shall undertake the following obligations:

1) Maintain the agricultural use of the land, and shall not be used for non-agricultural construction without approval in accordance with law;

2) Protect and rationally use the land in accordance with the law, and shall not cause permanent damage to the land;

3) Other obligations provided for by laws and administrative regulations.