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First of all, it depends on the nature of the land you have contracted, whether it is collectively owned or state-owned. In the case of collectively owned land, the village has the right to dispose of the collectively-owned land use rights.
You have contracted the pond and have the right to possess, use, and benefit from the pond. There is a right to financial compensation for all the output of the pond. The construction of the highway uses the soil in your pond, and you can ask the village to give you appropriate financial compensation.
or demand compensation from the village on the grounds that the interests of the pond have been damaged.
Here's the problem, you can't think of the highway construction team or the construction team's appointing unit asking for financial compensation. Because your pond contract is with the village. You only have a contractual relationship with the village collective. Therefore, you can go directly to the village to protect your rights and interests.
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It is best to find a lawyer for this question, and I am sure you will get a very satisfactory answer. 110 have free lawyers.
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According to the provisions of the Land Management Law, the ownership of land in our country is the state, and you only have the right to use it. Therefore, if the excavation needs to be approved by the local ** department and pay the fee, but the fee should be paid to the relevant department.
The village does not have the right to decide, so the village council is not an administrative department under the vertical leadership of the state.
Of course, since you are a pond contractor, the excavation must be done with your consent, provided that it does not harm your interests. If there is any damage, you must be compensated accordingly. That is to say, if you have evidence to prove that the other party has caused you losses by digging the soil, you can ask the other party to compensate.
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74th in violation of the provisions of this Law, occupy cultivated land to build kilns, graves or build houses on cultivated land without authorization, digging sand, quarrying, mining, taking soil, etc., destroying planting conditions, or due to the development of land caused by desertification, salinization, by the people's land administrative departments at or above the county level shall be ordered to rectify or rectify within a time limit, may be fined; where a crime is constituted, criminal responsibility is pursued in accordance with law.
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Do you want to have the possibility to belong to you personally,
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You shouldn't give it to you, this is also to give the village officials and township officials a chance and another income.
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If you're a farmer, don't miss that money! How much land they took from you, how much land did you give you! There is money, but there is not much land!!
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It seems that people over 70 years old can get 120 yuan a month.
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Changed the nature of land use.
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Breaking the law!
Article 35 of the Land Management Law.
The people at all levels should take measures to maintain drainage and irrigation engineering facilities, improve the soil, improve soil fertility, and prevent land desertification, salinization, soil erosion and land pollution.
Article 36.
Non-agricultural construction must use land sparingly, and where wasteland can be used, cultivated land must not be occupied; Where inferior land can be used, good land must not be occupied. It is forbidden to occupy cultivated land to build kilns and graves, or to build houses, dig sand, quarry, mine, and [take soil] on cultivated land without authorization. It is forbidden to occupy basic farmland for the development of forestry and fruit industry and to dig ponds for fish farming.
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It shouldn't be illegal, however, if the soil is rare, it's illegal.
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It's illegal, but it's okay if you sell it privately and no one reports it.
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It must be illegal and infringes on your legitimate rights and interests, you can negotiate and deal with it, or find the local village committee or relevant personnel to mediate. You can also choose to entrust a lawyer to directly collect evidence, sue for the elimination of the impact, and compensate for the loss.
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The expropriated land shall be compensated according to the original use of the expropriated land, and the compensation fee for land requisition includes land compensation, resettlement subsidy, and compensation for attachments and seedlings. The standards for land compensation and resettlement subsidies shall be prescribed by provinces, autonomous regions and municipalities directly under the Central Government with reference to the standards for land compensation and resettlement subsidies for 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.
The land compensation fee is owned by the rural collective economic organization; The compensation fee for above-ground attachments and seedlings belongs to the owners of above-ground attachments and seedlings.
Land Management Law of the People's Republic of China
Article 2 The State may, for the needs of the public interest, expropriate or expropriate land in accordance with law and give compensation.
Article 47 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 per hectare of expropriated cultivated land 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.
Regulations for the Implementation of the Land Management Law
Article 26 Land compensation fees shall be owned by rural collective economic organizations; The compensation fee for above-ground attachments and seedlings belongs to the owners of above-ground attachments and seedlings.
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