Is it legal for the village to take back the land contracted to individuals, and the seedlings are v

Updated on Three rural 2024-04-21
11 answers
  1. Anonymous users2024-02-08

    It must be illegal, since you have a contract, if it is said that he has no formal reason, he can't do it, unless it is a large construction, through the province, all levels of the level can be casually occupied farmland.

  2. Anonymous users2024-02-07

    The village wants to take back the contract, the land seedlings given to the individual are already very high, at this time the repossession will definitely cause losses, should be compensated, the use of land requisition depends on whether the state land acquisition or the village's decision is not in line with the interests of the whole village, if these conditions are met, the expropriation is also legal.

  3. Anonymous users2024-02-06

    If you don't have it, if you want to ** when the time comes, it must be illegal, if you say that it is the time, it must be legal, which has nothing to do with the seedlings in the land.

  4. Anonymous users2024-02-05

    It depends on your contracting agreement, if the contract does not expire, and Qingmiao is so high, it is illegal for him to **. Even if the contract expires, the seedlings have grown so tall, and the two parties should sit down and negotiate well.

  5. Anonymous users2024-02-04

    First of all, you need to find out whether the contract indicates under what circumstances the village can take back the land contracted by the individual. Secondly, even if the land is recovered, the village needs to compensate you for your losses! Compensate for your BIBS fee!

  6. Anonymous users2024-02-03

    First of all, it depends on whether you signed a contract when you contracted the land in the village, and the contract clearly stipulates when the land will be recovered.

  7. Anonymous users2024-02-02

    The village has taken back the land contracted to individuals, and the seedlings are already very high, and if you want to take it back, is there a legitimate reason, if there is a legitimate reason to take it back, you will be compensated for the treatment expenses.

  8. Anonymous users2024-02-01

    Summary. Dear, I am happy to answer for you that if the village committee takes back the contracted land in accordance with the relevant laws and procedures, then it is legal. According to the Land Management Law of the People's Republic of China and other legal provisions, rural collective economic organizations may carry out unified management and distribution of contracted land, and may also take back contracted land as needed.

    However, when recovering land, legal procedures must be observed, reasonable compensation must be given to farmers, and their legitimate rights and interests must be protected. In addition, the use value and social benefits of land should be taken into account to ensure the rational use and protection of land. 

    Dear, Zaoshu is happy to answer for you If the village committee reclaims the contracted land in accordance with the relevant laws and procedures, then it is legal. According to the "Land Management Law of the People's Republic of China" and other laws and regulations, rural collective economic organizations can carry out unified management and distribution of contracted land, and can also recover contracted land as needed. However, when recovering land, legal procedures must be observed, reasonable compensation must be given to farmers, and their legitimate rights and interests must be protected.

    In addition, it is necessary to ensure the rational use and protection of land, taking into account the use value and social benefits of land. 

    According to China's land management regulations, the village wheel finch sales committee has the right to collect the land contracted by Latu. However, before the land can be repossessed, there must be a reasonable cause and basis, and there needs to be corresponding procedures and compensation. For example, if the contractor does not use the land in accordance with the agreement, or if there is an illegal act, the village committee may take back the land in accordance with the relevant regulations.

    When recovering land, the village committee also needs to make fair and reasonable compensation to the contractor to protect its legitimate rights and interests. In short, the resumption of contracted land needs to comply with the requirements of laws and regulations, and requires fair and reasonable procedures and compensation. 

    Mom and I are not the same.

    Could you please describe all the problems of kissing.

    A more complete description will give you a better answer.

    The village's hukou, the mother died, the village committee, does the village have the right to reclaim the land.

    According to what I know, if my mother has built a house or cultivated farmland on the land of the village committee, the village committee has the right to take back the land after my mother's death. However, if the mother only crouches on the land of the village committee and does not do any actual operation, then the village committee has no power to take back the land. In addition, it is necessary to refer to the relevant local laws, regulations and policies for specific situations.

    Contracted land, no buildings.

    According to China's land management regulations, if the land contracted by the mother has no buildings, and the village committee is the management body of the area where the key number of land is located, then the village committee has the right to recover the land after the mother's death. However, before repossessing the land, the village committee needs to notify the mother's heirs in accordance with the relevant procedures and give reasonable compensation. If the mother's heirs do not agree to the resumption of the land or the amount of compensation is unreasonable, they can file a complaint or file a lawsuit with the relevant authorities. 

  9. Anonymous users2024-01-31

    Summary. According to the "Land Management Law of the People's Republic of China", the right to contract and manage land is a right under the collective ownership of land, which can be withdrawn by the village committee after the decision of the villagers' representative meeting. However, before recovering the land, the village committee needs to negotiate with the contractor, and the negotiation can only be repossessed if the negotiation fails.

    At the same time, the village committee needs to give reasonable compensation and make a public announcement in accordance with the relevant legal procedures.

    According to the provisions of the "Law of the People's Republic of China on Land Management", the right to contract and operate land is a right under the collective ownership of land, which can be recovered by the village committee after the decision of the villagers' representative meeting. However, before recovering the land, the village committee needs to negotiate with the contractor, and the negotiation can only be repossessed if the negotiation fails. At the same time, the village committee needs to give reasonable compensation and make a public announcement in accordance with the relevant legal procedures.

    When recovering the land, the village committee shall, in accordance with the law, perform the procedures of notification, consultation, public announcement, hearing, etc., to ensure that the lawful rights and interests of the contractor are not harmed. At the same time, it should be noted that the village committee cannot take back the land at will, and should take into account factors such as local ecological and environmental protection and rural labor employment. If the village committee commits illegal acts in the process of land repossession, the contractor may apply for administrative reconsideration or file an administrative lawsuit.

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  10. Anonymous users2024-01-30

    The village has the right to take back the right to contract the land. Where the term of the land contract management right expires, the contract land is expropriated, the use value of the contract land is lost, and the contract is terminated by mutual agreement between the two parties, and the early termination of the contract management right does not harm the interests of the state, the collective, or others, it may be recovered.

    Article 27 of the Rural Land Contract Law of the People's Republic of China provides that during the contract period, the contract issuing party shall not take back the contracted land. The State protects the right of rural households to contract and manage land in urban areas. Withdrawal from land contracting and management rights must not be used as a condition for peasant households to settle in cities.

    During the contract period, if the contracted peasant households settle in the city, they shall be guided and supported to transfer the land contract management rights within the collective economic organization or return the contracted land to the contract issuing party in accordance with the principle of voluntary compensation, and may also encourage them to transfer the land management rights. 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.

  11. Anonymous users2024-01-29

    1. Does the village have the right to take back the contracted land if the right to it has not been confirmed?

    This is because the Rural Land Contract Law stipulates that during the contract period, the contract issuing party shall not take back or adjust the contracted land without authorization. Therefore, as long as the land contracting and management rights are transferred in the form of leasing or subcontracting, the land rights are still confirmed to you; If the land is transferred in the form of transfer or exchange, the land rights may be confirmed to the transferee with the consent of the contract issuing party.

    Civil Code of the People's Republic of China

    Article 42 The contracting party shall not unilaterally terminate the contract for the transfer of land operation rights, except in any of the following circumstances:

    1) Unauthorized alteration of the agricultural use of the land;

    2) Abandoning farmland for more than two consecutive years;

    3) Causing serious damage to the land or seriously damaging the ecological environment of the land;

    4) Other serious breaches.

    Article 64 Where 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.

    2. Termination of land contract.

    1. The contracting party voluntarily gives up the contracted land after consultation and agreement between the contract issuing party and the contracting party, and on the premise of not harming the interests of the state, the collective, or a third party;

    2. When the contract is signed by the employer and the contractor, the conditions for terminating the contract agreed upon by both parties have been fulfilled;

    3. All family members of the contractor have changed from agricultural to non-agricultural household registration, or all of them have migrated and settled in other places;

    4. The contractor loses the ability to work and is unable to continue cultivating the land, and voluntarily gives up the right to contract the land;

    5. Due to the needs of national construction, all the land contracted by the contractor has been requisitioned or approved for occupation in accordance with law;

    6. Due to irresistible reasons such as floods and natural disasters, all the contracted land is seriously damaged, and the contract cannot be performed.

    Under special circumstances, the village committee may take back the land use right.

    Article 65 of the Land Management Law stipulates that in any of the following circumstances, the rural collective economic organization may recover the land use right after reporting to the people who originally approved the land use: (1) It is necessary to use the land for the construction of public facilities and public welfare undertakings in townships (towns) and villages; (B) not in accordance with the approved use of land; (C) due to revocation, relocation and other reasons to stop the use of land. Where land owned by peasant collectives is recovered in accordance with the provisions of item (1) of the preceding paragraph, appropriate compensation shall be given to the land use rights holders.

    Article 14 stipulates that within the term of land contracting, the land contracted between individual contractors and operators shall be appropriately adjusted, and must be agreed by more than two-thirds of the members of the villagers' meeting or more than two-thirds of the villagers' representatives, and shall be reported to the township (town) people's ** and county-level people's ** agricultural administrative departments for approval.

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