How to expropriate land is legal 30

According to the different areas of the expropriated land, as long as the corresponding level of people ** approves, the land can be legally acquired.

Your question is very sketchy, so I have to talk about it in general.

It is based on the public interest, and it is to be compensated.

Whether land expropriation is legal can be judged from the following aspects: 1. The subject of land expropriation must be the state, specifically the state authorizes the people at or above the county level to exercise the right of expropriation; 2. The purpose and premise of land expropriation is to meet the needs of the common interests of the national public chain; 3. Legal compensation shall be given for land expropriation; 4. The land acquisition procedure must be legal. 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 for each hectare of cultivated land to be expropriated 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.

The legal land acquisition procedures include: issuing a notice of proposed land acquisition; Consult villagers and organize hearings; cadastral survey and registration confirmation of above-ground attachments; Formulate "one book and four plans" and submit them for approval; Land Acquisition Notices; registration of compensation for land acquisition; Draw up and announce the compensation and resettlement plan; According to the opinions of the masses, modify the relevant car rubber plan and make an announcement; Implement land requisition compensation and resettlement funds; Implement the compensation and resettlement program and deliver the land.

[Legal basis].

Article 10 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land.

The housing expropriation department shall draw up a compensation plan for expropriation and report it to the people at the city and county levels. Municipal and county-level people shall organize relevant departments to demonstrate and publish the expropriation compensation plan to solicit public opinions. The period for soliciting comments must not be less than 30 days.

Article 13. After the people at the city and county levels make a decision on housing expropriation, they shall make a timely announcement. The announcement shall specify the expropriation compensation plan, administrative reconsideration, administrative litigation rights, and other matters.

Municipal and county-level people** and housing expropriation departments shall do a good job in publicizing and explaining housing expropriation and compensation. If the house is expropriated in accordance with the law, the state-owned land use right shall be recovered at the same time.

Article 15. The housing expropriation department shall organize an investigation and registration of the ownership, location, use, and construction area of the houses within the scope of housing expropriation, and the expropriated persons shall cooperate. The results of the investigation shall be announced to the expropriated person within the scope of housing expropriation.

The procedures for land acquisition are divided into two major parts, namely the approval procedures for land acquisition and the implementation procedures for land acquisition.

1) Approval procedures for land acquisition:

1. The construction project shall be approved by the first or the first province in accordance with the law.

2. The construction unit shall submit an application for construction land to the municipal and county land administration departments.

3. After review, the municipal and county land administration departments shall formulate plans for land expropriation.

4. Report level by level after the consent of the city and county.

5. Plans for land expropriation shall be approved by *** or provincial *** in accordance with the law.

2) Implementation procedures for land acquisition:

1. Publish a land requisition announcement with a laughing tape:

1) Issuing authority: city and county**.

2) Scope of release: the township (town) and village where the expropriated land is located.

3) The content of the announcement: approval of the land acquisition authority, approval number, land use, scope, area and land acquisition compensation standards, agricultural personnel resettlement methods, land acquisition compensation period, etc.

4) Consequences of issuance: After the announcement is issued, the crops that are planted or planted or the buildings that are rushed to be built are not included in the scope of compensation.

2. Registration of land requisition compensation:

1) Registration authority: the ** land administration department designated by the land requisition announcement.

2) Registration applicant: the owner and user of the expropriated land.

3) Registration period: the time limit specified in the land requisition announcement.

4) Materials required for registration: land ownership certificate, certificate of property rights of attachments on the ground and other documents.

5) Consequences of not registering: included in the scope of compensation and regret.

3. Formulate a compensation and resettlement plan for land acquisition

1) Formulating organs: municipal and county ** land administration departments in conjunction with relevant units.

2) Formulate the basis of: land registration data, on-site survey results, verified land requisition compensation registration, and land requisition compensation standards stipulated by laws and regulations.

3) Program content: land compensation, resettlement subsidy, seedling compensation, attachment compensation and other matters.

4) Program announcement: The municipal and county land administration departments shall announce the plan in the township (town) and village where the expropriated land is located, and listen to the opinions of the rural collective economic organizations and farmers of the expropriated land.

5) Approval: The city and county land administration department shall report to the city and county for approval.

4. Determine the compensation and resettlement plan for land acquisition

Determine and approve the authority: city, county ** (and reported to the provincial ** land administration department for the record).

5. Implement the compensation and resettlement plan for land acquisition

1) Organization and implementation organs: ** land administration departments at or above the county level.

2) Fee payment: within 3 months from the date of the plan, the knight will pay to the units and individuals who have been expropriated, and if the fees are not paid in accordance with the regulations, the units and individuals who have been expropriated have the right to refuse to hand over the land.

6. Land delivery:

Land-expropriated units and individuals shall deliver the land within the prescribed time limit.

Legal analysis: 1. Issue a land requisition announcement, which shall be implemented by the land and resources department at the county or municipal level. 2. Consult the villagers.

3. Field investigation and registration. 4. One book and four plans. 5. Post land requisition notices.

6. Post the announcement of the land requisition compensation and resettlement plan. 7. Submit for approval the compensation and resettlement plan for land acquisition. 8. Approve the compensation and resettlement plan for land acquisition.

9. Land compensation registration. 10. Implement compensation for land acquisition and land delivery.

Basis of Fatan Blind Law: Article 10 of the Measures for the Announcement of Land Expropriation.

The relevant municipal and county people's ** land administrative departments should study the land-expropriated rural collective economic organizations, rural villagers or other rights holders on land requisition compensation, resettlement program of different opinions. Where a party requests a vacant hearing, a hearing shall be held. If it is really necessary to revise the compensation and resettlement plan for land acquisition, it shall be revised in accordance with the relevant laws, regulations and approved land acquisition plans.

The relevant municipal and county people's land administrative departments will land requisition compensation, resettlement program submitted to the city and county people's ** for approval, should be attached to the land-expropriated rural collective economic organizations, rural villagers or other rights holders of the views and circumstances, hearings, should also be attached to the hearing record.

Legal Analysis: Land expropriation is also known as land expropriation. During the land reform, the state ** was a measure to change the ownership system of land in accordance with the law. expropriation of land, no consideration; In addition to the public ownership, the rest of the land is distributed to the landless or landless peasants.

Legal basis: Article 5 of the Land Management Law of the People's Republic of China *** The competent department of natural resources is responsible for the management and supervision of land throughout the country. The establishment and duties of the local people's departments in charge of natural resources at or above the county level shall be determined by the people's departments of provinces, autonomous regions, and municipalities directly under the Central Government in accordance with the relevant provisions.

Legal Analysis: ** The right to expropriate land. If the state expropriates land, after approval in accordance with legal procedures, the local people at or above the county level shall make a public announcement and organize the implementation.

Legal basis: Land Management Law of the People's Republic of China Article 47 Where the State expropriates land, it shall be announced and organized by the local people at or above the county level after approval in accordance with legal procedures. If the local people at or above the county level intend to apply for land expropriation, they shall carry out a survey of the current situation of the land to be expropriated and a risk assessment of social stability, and announce the scope of expropriation, the current status of the land, the purpose of expropriation, the compensation standard, the resettlement method and social security within the scope of the township (town) and village and villager group where the land is to be expropriated for at least 30 days, and listen to the opinions of the rural collective economic organizations and their members, villagers' committees and other stakeholders who are subject to land expropriation.

Most of the members of the land-expropriated rural collective economic organizations believe that the compensation and resettlement plan for land acquisition does not comply with the provisions of laws and regulations, and the local people at or above the county level shall organize a hearing, and modify the plan in accordance with the provisions of laws and regulations and the hearing. The owner or user of the land to be expropriated shall, within the time limit specified in the announcement, go through the compensation registration with the proof of immovable property ownership. Local people at or above the county level shall organize relevant departments to calculate and implement relevant expenses, ensure that the full amount is in place, and sign agreements with the owners and users of the land to be expropriated on compensation and resettlement; If it is indeed difficult to reach an agreement on an individual case, it shall be truthfully explained when applying for land expropriation.

After the completion of the relevant pre-notice period, the local people at or above the county level can apply for land expropriation.

Hello, according to the provisions of the Land Management Law and the Regulations on the Expropriation and Compensation of Houses on State-owned Land, only local people at or above the county level can expropriate land.