Whether the reserve land can be registered

Land acquisition reserve refers to the acquisition of land by means of repossession, acquisition, replacement and expropriation in accordance with the law and the use of market mechanisms, directly or after the pre-development reserve, and the demand for land in the form of public bidding, auction and listing, etc., to regulate and control the demand for various types of construction land.

At present, China's land reserve institutions are mainly established in accordance with local regulations and normative documents, and their nature and functions are not the same, which can be mainly divided into land reserve institutions (departments) established by functional departments and land reserve institutions of enterprise nature. **The land reserve institutions (departments) established by functional departments are public institutions with independent legal personality and do not have the right to use state-owned land. **The land reserve institution of the nature of the enterprise that contributes capital also has an independent legal personality, and acquires the reserve land as a market entity, but can obtain the land use right in accordance with the law.

On the issue of whether the land reserve institution enjoys the right to use the reserve land, in practice, in order to ensure the smooth progress of the land reserve work, whether a parcel of land is included in the reserve must be recognized or strictly approved by the functional department. A land reserve institution in the nature of a public institution has the right to operate and manage the land, but has not obtained the right to use the land in the process of acquiring the reserve land. In this case, it is legal for the Municipal Land Reserve Center to implement the land acquisition reserve in accordance with the law according to the ** decision, but the reserve land is a special form of land, and the land reserve center, as an independent business legal person, exercises the right to manage the reserved land according to the ** administrative authorization, but does not have the right to use state-owned land.

On the issue of whether the land registration agency can register the reserve land. The Measures for the Administration of Land Reserves have been clarified, and its relevant provisions can effectively solve the problems of the inability to finance reserve land in the past. Article 17 of the Measures for the Administration of Land Reserves stipulates:

The people of the city and county may, according to their needs, go through the land registration procedures and issue land certificates for the reserve land with clear property rights and complete application materials. **Before the land has been issued a certificate to reserve, the land certificate should be withdrawn, and the land mortgage should be released in accordance with the law. From the above provisions, it can be seen that the reserve land that meets the prescribed conditions can be registered for it, but the reserve land with unclear property rights and incomplete application materials cannot be registered.

In this case, if there is indeed a dispute over the ownership of the reserve land, the land registration authority is correct in refusing to register it on the grounds that there is a dispute over the property rights.

Although in practice, in order to solve the problems of reserve land financing, it is allowed to register for reserve land, but due to the particularity of reserve land being managed by reserve institutions in the short term, it is necessary to withdraw the land certificate when transferring land, which will cause a series of problems, therefore, the registration of reserve land should be cautious.

Land reserve refers to the municipal and county people's land and resources management departments in order to achieve the goal of regulating the land market and promoting the rational use of land resources, acquiring land in accordance with the law, carrying out early development and storage for the first time. The specific implementation of land reserve work shall be undertaken by land reserve institutions. The management of revenue and expenditure of land reserve funds strictly implements the regulations of the Ministry of Finance and the Ministry of Land and Resources on the financial management of land reserve funds.

The land reserve fund shall be earmarked through the first budget arrangement. Land reserve institutions shall use land reserve funds in strict accordance with the provisions of the use and shall not be misappropriated. The daily funds required by the land reserve institutions shall be included in the ** budget, and the land reserve funds shall be accounted for separately and shall not be mixed with each other.

Article 1 of China's relevant laws is to improve the land reserve system, strengthen land regulation and control, standardize the operation of the land market, promote the economical and intensive use of land, and improve the ability to guarantee construction land, these measures are formulated in accordance with the relevant laws of China. These Measures. Article 2 land reserve in these measures refers to the municipal and county people's land and resources management departments in order to achieve the goal of regulating the land market and promoting the rational use of land resources, according to law to obtain land, early development, storage for the first place of land.

The specific implementation of land reserve work shall be undertaken by land reserve institutions.

Summary: In order to improve the land reserve system, strengthen land regulation and control, standardize the operation of the land market, promote the economical and intensive use of land, and improve the ability to guarantee construction land, the land reserve management measures have been formulated.

Legal basis: Article 1 of the "Measures for the Management of Land Reserves" in order to improve the land reserve system, strengthen land regulation and control, standardize the operation of the land market, promote the economical and intensive use of land, and improve the ability to guarantee construction land, according to the "Notice on Strengthening the Management of State-owned Land Assets" (Guo Fa 2001 No. 15), "The General Office of the People's Republic of China on Regulating the Management of Revenue and Expenditure of State-owned Land Use Right Transfer" (Guo Ban Fa 2006 No. 100), these measures are formulated.

The second land reserve in these measures refers to the municipal and county people's land and resources management departments in order to achieve the goal of regulating and controlling the land market and promoting the rational use of land resources, obtain land in accordance with the law, carry out early development, storage and storage of empty land for the first time. The specific implementation of the land reserve work shall be undertaken by the land reserve institution.

Article 3 land reserve institutions should be approved by the people of the city and county, with independent legal personality, subordinate to the land and resources management department, and uniformly undertake the land reserve work within the administrative jurisdiction of the public institutions.

Article 4 The municipal and county people's land and resources management, finance and local people's bank departments shall, in accordance with the division of responsibilities, assume their respective responsibilities and cooperate with each other to ensure the smooth development of land reserves.

Article 5: Establish an information sharing system. The people's land and resources management, finance and relevant branches of the People's Bank of China at or above the county level shall summarize and report the information on land reserves and the number of land reserves, the income and expenditure of reserve funds, and the number of loans to the competent departments on a quarterly basis, and exchange information between departments at the same level.

(1) The municipal and county people's ** or land and resources management departments shall recover the land of the right to use state-owned construction land without compensation in accordance with the law, and the land registration authorities shall go through the cancellation of land registration procedures and include it in the land reserve.

2) If the use of land needs to be adjusted due to the implementation of urban planning for the reconstruction of old urban areas, the land and resources management department shall report to the people with the right to approve for approval, and the land use right holder shall be compensated according to law, and the land use right shall be recovered. For the land recovered with compensation, it shall be included in the land reserve after the land registration authority goes through the procedures for canceling the land registration.

3) If the state-owned land use right is acquired according to the land reserve plan, the land reserve institution shall sign a land use right acquisition contract with the land use right holder. The compensation standard for the acquisition of land shall be negotiated between the land reserve institution and the land use right holder according to the land assessment results, and shall be approved and confirmed by the land and resources management, financial department or the agency prescribed by local laws and regulations. After the completion of the acquisition procedure, the land registration authority shall go through the procedures for cancellation of land registration and be included in the land reserve.

4) ** The land acquired by exercising the right of first refusal shall be included in the land reserve after the land registration authority goes through the procedures for canceling the land registration.

5) The land that has gone through the approval procedures for the conversion of agricultural land and land acquisition shall be included in the land reserve after the land registration authorities go through the procedures for cancellation of land registration.

To apply for the "Land Reserve Certificate", the following materials shall be submitted:

A) land reserve certificate application;

B) the land consolidation implementation unit of the entity qualification certificate, power of attorney and the identity certificate of the handler;

C) land consolidation reserve project implementation plan;

4) Reserve plot maps and surveying and mapping results;

5) Other relevant materials that need to be provided.