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After the disintegration of the production team, there are policies and regulations that involve the collective land and collective assets of the original production team, which are still collectively owned by the villagers of the original production team. The village committee can carry out macro management, but it cannot be leveled.
If the land occupied by the tea farm is indeed owned by the original production team, the village committee should not occupy it without compensation, because the free occupation is a kind of encroachment on the rights and interests of the villagers of the original production team.
It should not be difficult to solve this problem, and the villager group that changed the name of the original production team solicited the opinions of the villagers in this group, submitted a request for return to the village committee, and proposed to fight the suspicion at the villagers' meeting for resolution. If the elderly in the village who have gone through the production team period are all there, in the face of sufficient evidence, the Keite Village Committee will make a reasonable decision.
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At present, China's rural collective land is generally based on the village as the basic unit, and there may be some places that are detailed to the community.
If it is a village collective land, then the village committee Yuanzi exercises the right of management and determines the operation of the village's forest farms, tea farms, and processing workshops.
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Apply to the local rural management department for resolution.
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Rural land refers to cultivated land, forest land, grassland, and other land used for agriculture in accordance with the law, which is collectively owned by the collectives and used by the peasants in accordance with the law, and is referred to as agricultural land.
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In the absence of planning, development and utilization, rural land is still collectively owned.
Article 10 of the Land Management Law of the People's Republic of China: Land owned by peasant collectives belongs to peasant collectives in accordance with the law, and is operated and managed by village collective economic organizations or villagers' committees; Where it is already owned by a peasant collective that has been rented by two or more rural collectives in the village, it shall be operated and managed by the village's own rural collective economic organization or villager group; It is already owned by the township peasant collective, and the township and rural collective economic organization operates and manages it.
Article 11 of the Land Management Law of the People's Republic of China: If the land owned by rural collectives is used for non-agricultural construction in accordance with the law, the county-level people's first registration shall be made, and the certificate shall be issued to confirm the ownership.
Collective land use rights may not be assigned, transferred, or leased for non-agricultural construction, except where the transfer of land use rights occurs in accordance with law due to bankruptcy, merger, or other circumstances that conform to the overall land use plan and lawfully obtain construction land.
The land during the contract period of the villagers belongs to agricultural land, that is, the self-reserved land that we usually talk about, and the self-reserved land is not a homestead, and the contractor who cannot build a house only has the right to use the land, not the ownership, and the premise of the use of the general contractor is agricultural land, and the use of the land cannot be changed without authorization.
According to the relevant provisions of the Land Law, the construction of houses by rural villagers must be carried out by the village plan, the township review, and the approval of the county. The conversion of agricultural land to other uses is subject to provincial approval. Any house that has not been approved by the above procedures is an illegal construction.
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The contract right of the land belongs to your sister, and the behavior of others who do not return it now is an infringement, and your sister can sue the court to demand that they return the contract right. You can check the relevant documents for legal fees and attorney fees, and the amount you said should be within the normal range of fees, not high. In addition to filing a lawsuit, you can also ask the land and resources department for a ruling. >>>More
Generally, rural land can be divided into homestead, agricultural land and undeveloped land. Homesteads are applied to the village collective according to the rural household registration of individuals without residential land (they used to have it but cannot apply if they are sold), and the specific area is determined by the village collective, and is generally not less than the area of commercial housing in the city. Agricultural land, especially cultivated land, the original way of acquisition is through the village collective distribution to obtain, generally not changed to other ways, the specific area is determined by the localities, our hometown is a person more than 2 acres; The non-original method of acquisition is the acquisition of land through land circulation.
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