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According to the latest provisions of the Property Law, the state has the power to expropriate. However, you need to be clear about the following:
1.Is expropriation an act of the State, but is an act of the executive necessarily an act of the State? Does the authority making the expropriation decision have sufficient authority? Even if there is sufficient authorization, do they not comply with legal norms in the expropriation process?
You should check the local regulations and expropriation documents, or I suggest consulting a local lawyer who does administrative litigation to see if the administrative agency has violated the law. Listening to what you say, there should be, at least no compensation has been given in accordance with the law. That's enough to file an administrative lawsuit.
2.In fact, according to the provisions of the Property Law, the acquisition of ownership by expropriation should be after the compensation has been paid. In other words, if he does not pay compensation in accordance with the law, he cannot actually acquire ownership.
So in such a case, if you take compulsory measures such as forced eviction, can you sue him for civil infringement?
3.In fact, if you think it is really a big deal, I suggest that you find a local lawyer who is involved in administrative litigation. Administrative litigation is very special in practice, and I will not comment on the specifics, but I hope that you can defend your legitimate rights and interests in accordance with the law.
The second point above is something that I just thought of temporarily, and I haven't verified whether it is correct or not, if you are looking for a lawyer, you can mention it to him to see if there is such a possibility.
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Take a look at the local levy compensation rates.
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Summary. Hello dear, the land has been contracted for 30 years, and the contract fee is compensated for by the contractor at one time. After the land contracted by rural villagers is expropriated by the state, the land compensation fee belongs to the rural collective economic organization, and the compensation fee for the above-ground attachments and seedlings belongs to the owners of the above-ground attachments and seedlings, that is, the contracted villagers.
The land is contracted for 30 years, and the contract fee is compensated in a lump sum.
Hello dear, the land has been contracted for 30 years, and the contract fee is compensated for by the contractor at one time. After the land contracted by rural villagers is expropriated by the state, the land compensation fee belongs to the rural collective economic organization, and the compensation fee for the above-ground attachments and seedlings belongs to the owner of the above-ground attachments, that is, the contracted villager owner. [Big Shou Saffron] <>
According to Article 11 of China's "Land Management Law", the land owned by the peasant collectives belongs to the village peasant collectives in accordance with the law, and is operated and managed by the village collective economic organizations or villagers' committees. <>
Oil-resistant panicle].
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Summary. Hello, in judicial practice, in order to make up for the losses of our contractors, some courts require the contract-issuing party to give compensation or require the contract-issuing party to give appropriate compensation for the actual investment in improving the land according to the provisions of the Supreme Court on the contractor's request for compensation or appropriate compensation for the actual investment in improving the land after the contractor has been requisitioned or approved for use in accordance with the law, and at the same time reject the contractor's claim for compensation for land compensation. In other words, although the compensation belongs to the collective, we can also apply for a certain amount of loss compensation.
The land is contracted for 30 years, and the contract fee is compensated in a lump sum.
Hello, the land has been contracted for 30 years, and the one-time compensation for the contract fee belongs to the rural collective economic organization. According to the provisions of our country's "Regulations on the Implementation of the Land Management Law", the land compensation fee belongs to the rural collective economic fanchun organization; The compensation fee for above-ground attachments and seedlings belongs to the owners of above-ground attachments and seedlings. <>
Hello, in judicial practice, in order to make up for the losses of our contractors, some courts, according to the Supreme Court's rule that the contractor has been requisitioned or approved for use in accordance with the law, requires the contract issuer to give compensation or requires the contract issuer to give appropriate compensation for its actual investment in improving the land, the people's court should support Sun Bu's provisions and support the claim of the old contractor of Chengling for investment losses, but at the same time, Wang Sui rejected his claim for compensation for the land compensation. In other words, although the compensation belongs to the collective, we can also apply for a certain amount of loss compensation. <>
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Summary. Hello! According to the provisions of China's "Land Management Law", farmers who contract land have the right to contract and manage land, and the contract period is 30 years.
If the farmer who has contracted the land comes up with a one-time contract fee, the contract fee belongs to the individual farmer. It should be noted that once the contract period expires, the contracted land will be owned by the state, and farmers can choose to renew or withdraw from the contracted management right according to the actual situation. If a farmer chooses to withdraw from the contracted management right, he or she shall transfer the land in accordance with the relevant provisions and receive corresponding compensation.
The land is contracted for 30 years, and the contract fee is compensated in a lump sum.
Hello! According to the provisions of China's "Land Management Law", farmers who contract land have the right to contract and manage land, and the contract period is 30 years. If the farmer who has contracted the land comes up with a one-time contract fee, the contract fee belongs to the individual farmer.
It should be noted that once the contract period expires, the contracted land will be owned by the state, and farmers can choose to renew or withdraw from the contracted operation according to the actual situation. If a farmer chooses to withdraw from the contracted management right, he or she shall transfer the land and receive corresponding compensation in accordance with the relevant regulations.
Expansion and supplementation: In the process of land circulation, if there is a dispute between the contractor and the transferor, it can be resolved through negotiation; If it cannot be resolved through negotiation, you can apply to the local township ** or the rural land contracting management department for mediation. If it still cannot be resolved, a lawsuit can be filed with the people's court.
If the land is expropriated, to whom the land compensation should be given.
Hello! According to the provisions of China's "Regulations on the Expropriation and Compensation of Land Imitation Wanton", corresponding compensation shall be given after the land is expropriated. Specifically, compensation for land expropriation shall be calculated according to factors such as the use, geographical location, and fertility of the expropriated land, and shall be issued to the land owner, the person with the right to contract management, other legal occupants and the owner of the buildings on the land.
If the land owner has leased, transferred or mortgaged the land to others, it shall first pay the corresponding compensation to the lessee, transferee or mortgagee, and then pay the original land owner after obtaining its consent. It should be noted that if the owner of the land is different from the owner of the contracted management right, then the compensation should be paid separately for both. If the land is collectively owned, the compensation shall be paid to the account of the collective economic organization, which shall be managed by the collective economic organization and used for public welfare or distributed to the members of the collective.
Expansion and supplementation: If the land expropriation involves the interests of the peasant masses, the relevant departments shall fully listen to the opinions of the peasant representatives and strictly follow the legal procedures for expropriation and compensation. At the same time, the relevant departments shall assess the environment and ecology of the expropriated area, and take measures to protect and restore the ecological environment.
The first time the contract was signed for half a year, people recognized this half a year, if you continue to rent in the future, it depends on the meaning of the landlord, now this holiday changes every day, and it is natural for people to increase prices, you don't rent her to rent someone else, do you say?
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