Under what circumstances can a village committee take back the land of a peasant household in accord

Legal Analysis: Entitled. However, the village committee can only take back the contracted land of the peasant households under the following three circumstances:

First, during the contract period, if the contractor's family moves into a city divided into districts and changes to a non-agricultural household registration, the contracted cultivated land and grassland shall be returned.

Second, during the contract period, if the contractor dies and the household is extinct, the contractor will naturally disappear and the contract-issuing party may take it back.

Third, the contractor submits a written report to the contract issuing party half a year in advance, voluntarily giving up the land contracting right, and the contract issuing party can take it back.

Legal basis: "Land Management Law of the People's Republic of China" Article 74 Where land is bought or sold or illegally transferred in other forms, the competent department of natural resources of the people's people at or above the county level shall confiscate the illegal gains; For those who change agricultural land into construction land without authorization in violation of the overall land use plan, the newly built buildings and other facilities on the illegally transferred land shall be demolished within a time limit and the original state of the land shall be restored, and the newly built buildings and other facilities on the illegally transferred land shall be confiscated if they conform to the overall land use plan; Fines may be imposed in combination; The directly responsible managers and other directly responsible personnel are to be given sanctions in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Summary. Hello, under normal circumstances, the village committee does not have the right to take back the land of the peasants.

Hello, under normal circumstances, the village committee does not have the right to take back the land of the peasants.

Only if the peasants have damaged the land or made the land deserted, they can demand the resumption of the land contracted by the peasants.

Article 38 of the Land Management Law prohibits any unit or individual from idling or desolate cultivated land.

If it has not been used for two consecutive years, with the approval of the original approval authority, the land use right of the land-using unit shall be recovered by the people at or above the county level without compensation; If the land was originally owned by a peasant collective, it shall be handed over to the original rural collective economic organization for resumption of cultivation.

Article 66 of the Land Management Law In any of the following circumstances, the rural collective economic organization may recover the right to use the land after the approval of the people who originally approved the land: (1) for the construction of public facilities and public welfare undertakings in townships (towns) and villages, and it is necessary to use the land; (B) not in accordance with the approved use of land; (C) due to revocation, relocation and other reasons to stop the use of land. Where land owned by peasant collectives is recovered in accordance with the provisions of item (1) of the preceding paragraph, appropriate compensation shall be given to the land use rights holders.

According to land use, China divides land into three categories: agricultural land, construction land and unused land (wasteland is undeveloped and unused barren land, which belongs to unused land).

Article 38 of the Land Management Law stipulates that "the State encourages units and individuals to develop unused land in accordance with the overall land use plan on the premise of protecting cultivated land, improving the ecological environment, and preventing soil erosion and land desertification; Where it is suitable for development as agricultural land, priority shall be given to the development of agricultural land. The State protects the lawful rights and interests of developers in accordance with law. ”

Article 17 of the Regulations for the Implementation of the Land Management Law stipulates the authority to approve the development of state-owned barren mountains, wastelands and barren beaches for which the right to use land has not been determined for planting, forestry, animal husbandry and fishery production, but does not make specific provisions on the authority to approve the development of barren mountains, wastelands and barren beaches owned by rural collectives.

Article 46 of the Rural Land Contract Law stipulates that "barren mountains, barren ditches, barren hills, barren beaches, and other rural land that are not suitable for household contracting shall be contracted and operated directly by means of bidding, auction, public consultation, etc., and the land contracting and management rights may be converted into shares and distributed to the members of the collective economic organization before the contracted operation or joint-stock cooperative operation shall be implemented." Article 45 states:

If the above methods are adopted, "a contract shall be signed." The rights and obligations of the parties and the duration of the contract shall be determined through consultation between the two parties. If the contract is contracted by bidding or auction, the contract fee shall be determined through public bidding and bidding; If the contract is contracted through open consultation, the contract fee shall be agreed upon by both parties.

Article 47 stipulates: "Under the same conditions, the members of the collective economic organization shall enjoy the right of priority in contracting. ”

Therefore, because this land was developed by you without authorization, the village does have the right to take it back, but it must be compensated!

If you contract with a foreign party, you should have the right of priority to contract under the same conditions. When contracting, the two parties shall sign a contract to clarify the rights and obligations of both parties.

The land has been confirmed, but my parents are gone, and we are not the same hukou. Does the village have the right to repossess the land under my name?

This is because, according to the provisions of the Rural Land Contract Law, the inheritance of land contract rights is carried out only between one contracting household.

Question, but my apprentice has already confirmed the right.

Isn't it okay to ask questions and confirm rights?

1. Rural land can be specifically subdivided into: household contracted land, household contracted cultivated land, household contracted grassland, family contracted forest land, other forms of contracted land, homestead land, etc., and the inheritance method of different types of land is also different.

2. Rural land belongs to peasant collectives and does not belong to individual property, so it cannot be inherited. Land is generally contracted by the villagers who are collectively allocated to their own villages according to the household unit, and the principle of land ownership confirmation is consistent with this.

3. When the contractor of the village dies, if there are other family members in the contractor's household registration book, and the land is still within the contract period, then the family members can continue to contract; If there are no other family members on the contractor's household register, the contracted land will be repossessed by the collective.

If the village insists on taking it back, there is no good defense.

Thank you for your question, lawyer, teacher.

Answer: Although the behavior of the village committee is legal, but in the same situation, if your land is taken back but no one else is recovered, you can report it. You can express this meaning to make them worry.

Ask a good question, thank you, lawyer, teacher.

In the process of confirming the rights of the new land, if the original contractor of the land has lost the contracting qualification, the village committee has the right to recover the land.

There is no legal reason to repossess the land at will.

During the contract period, no one has the right to interfere with the contract.

The village committee has the right to supervise the contractor in the rational use and protection of the land in accordance with the use agreed in the contract, and article 17 of the Rural Land Contract Law stipulates that the contractor shall protect and rationally use the land in accordance with the law and shall not cause permanent damage to the land. Therefore, once the villagers' committee discovers that the villagers have unreasonably used and protected the land, causing permanent damage to the land, it can take back the villagers' land contract management rights. During the contract period, if the entire family of the contractor moves to a city divided into districts and changes to a non-agricultural household registration, the contracted farmland and grassland shall be voluntarily returned to the village committee.

If the villagers do not return it, the villagers' committee may take back the contracted farmland and grassland. However, if the whole family of a villager only moves to a small town to settle down, the villager may still retain his or her right to contract and manage land or subcontract, lease, exchange, or transfer the right to contract and manage land in accordance with the law, and the village committee may not forcibly take it back.

Women have a hukou in their mother's family and are allocated land, but when they get married, they get another piece of contracted land in their mother-in-law's house, and they have two contracted plots. In this case, the village committee of the mother's house has the right to take back the contracted land. However, if a woman is married and has not obtained the contracted land in her new place of residence, the village committee shall not take back her original contracted land; Where a woman is divorced or widowed and still resides in her original place of residence, or where she does not reside in her original place of residence but has not obtained the contracted land in her new place of residence, the village committee must not take back her original contracted land.

During the contract period, the villagers may voluntarily return the contracted land to the village committee. Villagers who voluntarily return the contracted land shall notify the villagers' committee in writing six months in advance. It should be noted that once the villagers return the contracted land during the contract period, they are not allowed to claim the contracted land again during the contract period.

Land contracts are contracted on a household basis. If a contractor dies and has no members of the entire family and the household registration is cancelled, the village committee has to take back the contracted land. Article 30 of the Rural Land Contract Law stipulates that if the woman marries during the contract period and does not obtain the contracted land in her new place of residence, the contract issuing party shall not take back the original contracted land; Where a divorced or widowed woman still resides in her original place of residence, or where she does not reside in her original place of residence but has not obtained the contracted land in her new place of residence, the employer must not take back her original contracted land.

Farmers move out because some of their family members have their household registration, while others die naturally, and there are no members in the family, that is, the situation of "breaking the household" occurs. According to the regulations, if the household registration is cancelled and the contractual relationship with the village committee cannot be maintained, the village committee has the right to take back the contracted land and re-issue the contract.

Article 15 of the Law on Rural Land Contracts stipulates that the contractors of household contracts are farmers of collective economic organizations. It can be seen that the land contract is based on the peasant family, so when all the family members die, the family dies naturally, and the peasant loses, the contract issuing party has the right to take back the contracted land. That is, the peasants themselves give up their contracting rights and return the land to the village collective.

It should be noted that if the contractor returns the contracted land during the contract period, it shall not claim the contracted land again during the contract period. Therefore, farmers should choose carefully according to their actual situation. According to the law, if the land is abandoned for a long period of time (two consecutive years), the employer has the right to withdraw the contract right.

During the contract period, the contract-issuing party shall not take back the contracted land, but it may be recovered under the following circumstances: the village committee may recover the land that has been abandoned, and the land that has been converted into a non-agricultural household registration or has been extinct can be recovered. If a married woman acquires the contracted land again, the village committee that voluntarily returns the contracted land may take it back.

Generally, if the contract is carried out for two consecutive years, the corresponding contract will be terminated, or in the case of extinction, the farmer can voluntarily hand over the land to the contractor. can all reclaim the land.

If the peasant household no longer resides in the village and the household registration has moved out of the village, the village committee may take back the land in accordance with the law.

According to Article 5 of the "Rural Land Contract Law of the People's Republic of China," members of rural collective economic organizations have the right to contract rural land contracted by their collective economic organizations in accordance with the law. No organization or individual may deprive or unlawfully restrict the right of members of rural collective economic organizations to contract land.

Legal analysis: In accordance with the provisions of the law, the villagers' committee manages the land and other property owned by the village peasant collective, guides the villagers to make rational use of natural resources, and protects and improves the ecological environment. China has very clear and strict regulations on land use.

Therefore, villages and towns have neither the right to approve nor the right to implement land expropriation.

Legal basis: "Organic Law of the People's Republic of China on Villagers' Committees" Article 2 Villagers' committees are grass-roots mass autonomous organizations for villagers' self-management, self-education, and self-service, and practice democratic elections, democratic decision-making, democratic management, and democratic supervision. The villagers' committee handles the public affairs and public welfare undertakings of the village, mediates civil disputes, assists in maintaining social order, and reflects the opinions, requirements and suggestions of the villagers to the people.

The villagers' committee is responsible for and reports to the villagers' meeting and the villagers' representative meeting.

Right. The village committee has the right to recover the collective land of the village. The lease of collective land use rights is an important way for rural collectives to increase income, and the use rights of collective land have a term of use, and after the expiration of land use rights, users can renew the lease, and village collectives can also do it.

The village committee only carries out the collective land after receiving the task notified by the organization at the higher level, and the collective land can only be carried out after completing the relevant procedures in accordance with the regulations, otherwise it will cause contradictions. Legal basis: Article 65 of the Land Management Law of the People's Republic of China In any of the following circumstances, the rural collective economic organization may recover the land use right after the approval of the people who originally approved the land:

A) for the township (town) village public facilities and public welfare undertakings, the need to use land; (B) not in accordance with the approved use of land; (C) due to revocation, relocation and other reasons to stop the use of land.

Hello dear, happy to answer for you. The village committee has the right to recover the right to use the land. But it's not that the village committee can take it back if it wants to.

2. According to Article 65 of the Law of the People's Republic of China on the Administration of Land Auction and Transfer, there are three circumstances under which the collective economic organization of the migrant village of the Agricultural Bureau can recover the land use right: (1) the land needs to be used for the construction of public facilities and public welfare undertakings in the township (town) village; (2) (land user) does not use the land in accordance with the approved use; (3) The use of land is stopped due to revocation, relocation, etc.

Under what circumstances can a village committee take back the land of a peasant household in accordance with the law?

Kiss! In the following five circumstances, as a village committee, it has the right to recover the land: first, the cultivated land that has not been cultivated for 2 years, according to the provisions of Article 38 of the Land Management Law, the cultivated land that has not been cultivated for two years and has not been used for two consecutive years, after the approval of the original approval authority, shall be recovered by the county level or above without compensation.

The land that has been recovered was originally owned by the village collective, and it must be returned to the village collective after being recovered. Second, Article 66 of the Land Management Law stipulates that if the use of land is changed without approval, and a factory or farm is built on the homestead, the village committee has the right to recover the land under the approval of the original reply. Third, illegal occupation of land According to Article 77 of the "Land Management Law", "if the land is illegally occupied without approval or fraudulent means to obtain approval, the competent department of natural resources of the people's people at or above the county level shall order the return of the illegally occupied land".

According to Article 7 of the Land Management Law, any unit or individual has the right to report and accuse against illegal occupation of land. Fourth, revocation and relocation and no longer use the land "Land Management Law" Article 66, Paragraph 1, Item 3 stipulates that if the use of land is stopped due to revocation, relocation and other reasons, the rural collective economic organization can recover the land use right after the approval of the people who originally approved the land. Fifth, Article 66 of the Land Management Law stipulates that if land is used for the construction of public facilities or public welfare undertakings, the village committee may collect the land after reporting to the authority that originally approved the land for approval.

At this time, it is necessary to compensate the landless peasants accordingly.