If the collective land is not used after expropriation, can others turn the land rights into their o

After the collective land is expropriated, can the unused others turn the land into their own? The right to use the land that cannot be collectively owned belongs to the collective, and no one is allowed to attribute it to himself in his own name If the land is expropriated, Bei Bei has not been used within a few years, it will be ** within two years, and the unused need to be recovered.

Definitely not, it's illegal, there are legal stripes!

Article 46 of the Land Management Law of the People's Republic of China stipulates that if 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.

Article 25 of the Regulations for the Implementation of the Land Management Law of the People's Republic of China stipulates that after the land expropriation plan is approved in accordance with the law, it shall be organized and implemented by the people of the city and county where the land is expropriated.

Paragraph 3 of Article 2 of the Administrative Coercion Law of the People's Republic of China stipulates that administrative compulsory enforcement refers to the act of an administrative organ or an administrative organ applying to a people's court to compel the performance of obligations in accordance with law against citizens, legal persons or other organizations that do not perform administrative decisions.

Article 45 of the Regulations on the Implementation of the Land Management Law of the People's Republic of China stipulates that in violation of land management laws and regulations, obstructing the expropriation of land for national construction, the land administrative departments of the people's ** at or above the county level shall be ordered to hand over the land; If they refuse to hand over the land, they shall apply to the people's court for compulsory enforcement.

No. According to the provisions of China's land law, land is owned by the state or collectively, after the collective land is expropriated, the land use right by the land administrative department according to the plan to transfer or allocate the land use right to the right holder, others shall not occupy it privately.

After the expropriation of collective land, the use of the land and the owner of the land will change, so the original owner has no right to interfere.

After the collective land is expropriated, can the apprentices be turned into one for the purpose of using others?

The collective land is not used after it has been expropriated, and others have no rights to the land for themselves.

Summary. Article 24 of the Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Cases Involving Rural Land Contract Disputes provides that a rural collective economic organization, villagers' committee, or villagers' group may, in accordance with the democratically agreed procedures prescribed by law, decide to distribute the land compensation fees it has received within the collective economic organization. When the land requisition compensation and resettlement plan is determined, the person who already has the membership of the collective economic organization, and requests the payment of the corresponding share, shall be supported.

However, the local regulations, autonomous regulations, special regulations, and local regulations that have been reported to the Standing Committee of the National People's Congress and the first place for the record have other provisions on the distribution of land compensation fees within rural collective economic organizations. Article 25 In the case of a family contract for forest land, if the heirs of the contracting party request to continue the contract during the contract period, it shall be supported.

If the collective land in the village is expropriated, the villagers have the right to divide it.

<> hello! I am glad to answer for you: the collective land in the village was expropriated, and the villagers had the right to share it.

According to the regulations for the implementation of the Land Management Law, when the state expropriates the dry land in rural areas, farmers can share in the compensation costs of land acquisition, such as compensation for the first celebration of land acquisition, compensation for attachments and seedlings on the ground, and compensation for resettlement.

Article 24 of the Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Cases Involving Rural Land Contract Disputes provides that a rural collective economic organization, a villagers' committee, or a villagers' group may, in accordance with the procedures prescribed by law, decide to distribute the land compensation fees that have already been collected within the collective economic organization. When the land requisition compensation and resettlement plan is determined, the person who already has the membership of the collective economic organization, and requests the payment of the corresponding share, shall be supported. However, the local regulations, autonomous regulations, special regulations, and local regulations that have been reported to the Standing Committee of the National People's Congress and the National People's Congress for the record, except for the distribution methods for the compensation of land coarse customs within the rural collective rental stool and economic aid organizations.

Article 25 In the case of a family contract for forest land, if the heirs of the contracting party request to continue the contract during the contract period, it shall be supported.

Legal analysis: whether you are a villager group, the overall collective land is expropriated, whether the villagers can share the compensation, according to the current legal provisions and corresponding judicial precedents, whose land is expropriated, who has the money to get the corresponding compensation, if the land of the village collective is expropriated, then the village collective is entitled to the compensation, if it is the village repentance of the liquid people's group, all members of the villager group have the right to get the compensation, if it means that the individual land is expropriated, then only the individual villagers have the right to get the compensation.

Legal basis: "Rural Revitalization Promotion Law of the People's Republic of China" Article 3 The promotion of rural revitalization shall be in accordance with the general requirements of industrial prosperity, ecological livability, civilized rural customs, effective governance, and affluent life, and coordinate the promotion of rural economic construction, political construction, cultural construction, social construction, ecological civilization construction and party building, and fully develop the unique functions of rural areas in ensuring the supply of agricultural products and food security, protecting the ecological environment, and inheriting and developing the excellent traditional culture of the Chinese nation.

Hello, if it is your contracted land, then, the expropriated person can obtain the compensation fee for the land, the attachment on the ground, the resettlement subsidy, the seedling subsidy and the rural villagers' housing fee, etc., among which, the compensation fee and resettlement subsidy for the land shall be determined according to the comprehensive land price of the expropriated area, and in principle, it cannot be lower than the original living standard of the expropriated person.

Legal Analysis: Collective land must be converted into state-owned land through expropriation. If you want to convert the scarce collective land into state-owned land, then you must go through the expropriation procedures prescribed by the state to convert it into a vacant land, and you need to complete the land transfer procedures, if the procedures are not complete, the conversion will not be successful.

Legal basis: "The People's Republic of China Land Management Law-Blind Lease" 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 social stability risk assessment, 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 preliminary work, the local people at or above the county level can apply for land expropriation.

Hello, to expropriate collective land, it is necessary to go through the approval procedures for agricultural conversion in accordance with the provisions of the Land Management Law.

Individual land can be expropriated, and collective land can also be expropriated, and the procedures required for collective land acquisition are more complicated than those for individual land acquisition. So, is it legal for collective land to be expropriated? What are the procedures for collective land acquisition?

Let's bring it to youIs it legal for collective land to be expropriated?

First of all, under what conditions is it legal for collective contracted land to be expropriated? According to the provisions of China's law, if the construction of occupied land involves the conversion of agricultural land into construction land, then certain approval procedures should be handled, so the first thing to do is to go through the approval procedures for the conversion of agricultural land. Specific construction projects within the scope of the transfer of agricultural land that have been approved can be specifically approved by the people's administrative organs at the city and county levels, and those involving the conversion of agricultural land into construction land shall be approved by the provincial and autonomous region people's administrative organs of Jianzhou, and the organ that has the right to handle the approval procedures for the conversion of agricultural land must be the provincial-level people's administrative organ or the provincial people's administrative organ where the contracted land is located, and other organs do not have this authority.

2. What are the procedures for collective land acquisition?

If land is used for construction projects that are separately selected outside the scope of urban construction land determined in the overall land use plan, the land-using unit shall, in accordance with the regulations, handle the procedures for requisitioning collective land.

1. Application for expropriation of collective land: If the land-using unit needs to requisition land for project construction, it shall submit relevant documents and materials to the land and housing management bureau at the district or county level where the land is located, and submit an application for land use.

2. Acceptance of expropriation of collective land: The land and housing management bureaus at the district and county levels accept the application for expropriation of collective land submitted by the land-using unit, and accept the application for construction land that submits documents and materials are complete and meets the requirements after review.

3. What are the legal procedures for collective land expropriation

Issuance of the notice of proposed land acquisitionThe county or municipal land and resources bureau shall issue a notice of land acquisition within the scope of the village or group where the expropriated land is located (if it is land owned by the township or town farmer collective, it shall also be in the township or town), and inform the village collective economic organizations and villagers of the land to be requisitioned in writing: the scope of land acquisition, area, compensation method, compensation standard, resettlement method and land acquisition purpose. Crops planted or planted or buildings built after the notice are not included in the scope of compensation.

Villagers were consulted and hearings were organized.

The county or municipal land and resources bureau in conjunction with the township **, on the content of the land requisition notice to consult the village collective economic organizations and farmers, there are different opinions should be recorded, according to the village committee or the villagers' opinions respectively dealt with and coordinated resolution. If there is any objection to the compensation standard, resettlement method and compensation method, the land-expropriated counterpart shall be informed that it has the right to apply for a hearing. If the parties apply for a hearing, they shall organize a hearing in accordance with the procedures and relevant requirements stipulated in the Provisions on Land and Resources Hearings.

Through the reading of the article, I believe that everyone must have their own opinions on whether it is legal for collective land to be expropriated and related knowledge, and the expropriation of collective land needs to be approved by the people at or above the city and county level. That's all for youIs it legal for collective land to be expropriated?

Rural areas may not forcibly expropriate peasant land. Rural ** does not have the right to expropriate peasant land, and peasant land can only be expropriated after obtaining the approval of the higher authorities in accordance with the law. According to the provisions of the first and second paragraphs of Article 46 of the Land Management Law, the following land shall be approved by ***

1) Permanent basic agricultural shirt Daqing field; (2) Cultivated land other than permanent basic farmland exceeds 35 hectares; (3) Other land exceeding 70 hectares. The expropriation of land other than those provided for in the preceding paragraph shall be approved by the people of the province, autonomous region, or former municipality directly under the Central Government. The first paragraph of Article 47 stipulates that 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.

Paragraph 1 of Article 13 of the Land Management Law Cultivated land, forest land, grassland, and other land used for agriculture in accordance with the law owned by peasant collectives and owned by the state in accordance with the law and used by peasant collectives in accordance with the law shall be contracted by means of household contracting within the rural collective economic organizations, and barren mountains, barren ditches, barren hills, barren beaches, etc., which are not suitable for household contracting, may be contracted by means of bidding, auction, public consultation, etc., to engage in planting, forestry, animal husbandry, and fishery production. The contract period is 30 years for cultivated land contracted by households, 30 to 50 years for grassland, and 30 to 70 years for forest land. After the expiration of the contract period for cultivated land, it shall be extended for another 30 years, and after the expiration of the contract period for grassland and forest land, it shall be extended accordingly in accordance with law.

Summary. Hello dear I am very happy to serve you The collective land in the village is expropriated, and the villagers have the right to share the land compensation fee to the rural collective economic organization, which will be distributed by the rural collective economic organization in accordance with the law. Article 26 of the Regulations for the Implementation of the Land Management Law shall be owned by the rural collective economic organizations; The compensation fee for above-ground attachments and seedlings belongs to the owners of above-ground attachments and seedlings.

The resettlement subsidy for the expropriation of land must be earmarked and shall not be diverted for other purposes. Where the persons who need to be resettled are resettled by the rural collective economic organization, the resettlement subsidy shall be paid to the rural collective economic organization and shall be managed and used by the rural collective economic organization; if it is resettled by other units, the resettlement subsidy shall be paid to the resettlement unit; Where unified resettlement is not required, the resettlement subsidy shall be paid to the individual resettled person or used to pay the resettled person's insurance expenses after obtaining the consent of the resettled person. The people of cities, counties and townships (towns) shall strengthen supervision over the use of resettlement subsidies.

If the collective land in the village is expropriated, the villagers have the right to divide it.

Hello dear I am very happy to serve you The collective land in the village is expropriated, and the villagers have the right to share the land compensation fee to the rural collective economic organization, which will be distributed by the rural collective economic organization in accordance with the law. Article 26 of the Regulations for the Implementation of the Land Management Law shall be owned by the rural collective economic organizations; The compensation fee for above-ground attachments and seedlings belongs to the owners of above-ground attachments and seedlings. The resettlement subsidy for the expropriation of land must be earmarked and shall not be diverted for other purposes.

Where the persons who need to be resettled are resettled by the rural collective economic organization, the resettlement subsidy shall be paid to the rural collective economic organization, which shall be managed and used by the rural collective economic organization; If they are resettled by other units, the resettlement subsidy shall be paid to the resettlement unit; Where unified resettlement is not required, the resettlement subsidy shall be paid to the individual resettled person or used to pay the resettled person's insurance expenses after obtaining the consent of the resettled person. The people of cities, counties and townships (towns) shall strengthen the supervision of the use of resettlement subsidies.

Land expropriation generally refers to the needs of the state for public interests, such as bridge construction, road construction, urban development, etc. It is necessary to expropriate rural collective land and change the nature of collective land to become state-owned land. State-owned land can be subject to a series of constructions in accordance with the law, such as construction without land acquisition.

Housing, that is, small property rights, after the completion of the state, is a commercial house. Rush to star".