The land was sold for 30 years in 98 and is now occupied, how can I come back early to compensate, a

If no land had been allocated in the second round of land contracts in 1998, no compensation would have been paid now. Because the state's rural land contract policy is to not increase the land for 30 years, and the country's land rights are now confirmed for 30 years, and the state may not redistribute the contracted land in the village in the future.

1. After 98 years, there is no land and no subsidy for children who go out, and the specific age is the following three situations.

1. Children in rural areas who have not been allocated land have a certain share of the land contracting and management rights of their families, and the state has no compensation.

2. Rural land is contracted by households, and the form of household production contracting is implemented. That is, if the parental family owns the contracted land, regardless of whether the children have actually received the distribution, they have a share of the original contracted land contracted by the family. Therefore, although the children do not actually receive the contracted land, the children still enjoy a certain share of the land contracting and management rights of their own families.

The state does not compensate for this.

3. If the newly added population does not get the contracted land, they can apply for distribution when the current round of contract expires and the contract is re-issued.

The land in the city belongs to the state. Land in rural areas and on the outskirts of cities is collectively owned, except as provided for by law and belonging to the State; Homesteads, self-cultivated land, and self-cultivated mountains are also collectively owned. The State may, in accordance with the provisions of law, expropriate or expropriate land and provide compensation for the needs of the public interest.

No organization or individual may occupy, buy, sell, or otherwise illegally transfer land. The right to use land may be transferred in accordance with the provisions of the law. All organizations and individuals using land must make rational use of land.

Legal basis

Article 29 of the Rural Land Contract Law of the People's Republic of China.

The following land shall be used for the adjustment of contracted land or contracted to the new population:

1) The mobile land reserved by the collective economic organization in accordance with the law;

2) It is increased through reclamation in accordance with law;

3) The contract issuing party takes it back in accordance with law and the contracting party voluntarily returns it in accordance with law.

Legal analysis: Theoretically speaking, if the infringement continues, then the statute of limitations is not yet calculated until the end of the infringement, and the land belongs to the property right, and the statute of limitations does not apply to the protection of the property right, so even if 20 years have passed, it is still within the statute of limitations, but if it involves a dispute over the ownership of land between collective economic organizations, because the former State Land Administration has regulations, more than 20 years, it is generally determined that the land belongs to the current user. There is also a land ownership dispute, which must be handled first before it can be litigated.

Legal basis: Land Management Law of the People's Republic of China Article 13 The dispute over land ownership and use rights in this state can be known how to sue for land encroachment, as follows: the parties shall negotiate and settle the dispute; If the negotiation fails, it will be handled by the people.

Disputes over land ownership and use rights between units owned by the whole people, between units under collective ownership, and between units owned by the whole people and units under collective ownership shall be handled by the people at or above the county level. Disputes over land use rights between individuals, between individuals and units owned by the whole people and collectively owned by the whole people, shall be handled by the people at the township level or the people at the county level. Where the parties are dissatisfied with the disposition decision of the relevant people, they may file a lawsuit with the people's court within 30 days of receiving the notice of the disposition decision.

Before the dispute over land ownership and use rights is resolved, neither party shall change the status quo of the land or destroy the attachments on the land.

Legal analysis: Yes, if it is illegal occupation, it can be returned, as long as the other party is illegally occupying the land, then the rights of the parties have been violated during the illegal occupation period, and they can file a lawsuit with the court to demand that the other party return the land use right and compensate for the loss, and the statute of limitations will not be exceeded. The statute of limitations for litigation is calculated from the date on which the right holder knows or should have known of the occurrence of the infringement and the infringer.

If the infringement continues, the limitation period shall be recalculated from the date on which the infringement is committed.

Land ownership is the dominant and absolute right enjoyed by the state or peasant collectives over the land owned by them in accordance with the law. Generally, land ownership falls under the category of property ownership. However, land ownership has its particularities compared with general property ownership, which are mainly manifested in:

1. The specificity of the subject 2. The prohibition of transactions 3. The stability of ownership 4. The separation of rights The content of land ownership includes the four powers of land possession, use, income and disposal, and there are three important restrictions on the exercise of rights by landowners and their representatives: 1. The exercise of rights by landowners and their representatives shall not violate the obligations stipulated in laws and administrative regulations 2. The landowner and his representative shall not violate the obligations agreed in the land use right transfer contract or land contract signed between the landowner and the land user 3. Prohibition of land ownership transactions China's land management law stipulates that land in urban areas belongs to the state; Land in rural areas and on the outskirts of urban areas shall be owned by peasant collectives, except as provided for by law, which shall be owned by the State; Homesteads and self-maintained mountains belong to the collective ownership of farmers.

Legal basis: Provisions of the Supreme People's Court on Several Issues Concerning the Application of the Statute of Limitations System in the Trial of Civil Dispute Cases Article 13 The limitation period for the right to claim damages shall be calculated from the date on which the right holder knows or should have known of the occurrence of the infringement and the infringer. If the infringement continues, the limitation period shall be recalculated from the date on which the infringement is committed.