What to do if a rural farm is forcibly demolished

Hello, the farm was shut down and forcibly demolished is an administrative punishment. Article 8 of the Administrative Punishment Law classifies ordering the suspension of production and business as an administrative act of administrative punishment. Citizens have the right to apply for reconsideration by a higher authority or to file an administrative lawsuit directly with the court.

There are five main types of cases of this type:

1. The forbidden area shall be closed in the name of the no-breeding area.

2. Shut down environmental pollution.

3. Demolition in the name of illegal buildings.

4. Demolition on the grounds of illegal occupation.

5. Demolition of farms due to land expropriation.

Farmers must ensure that their procedures are complete, the administrative organs of the farm punishment must inform the reason for departure and the right of citizens to submit administrative reconsideration and the time limit, to ensure the right of the penalized person to make a statement and defense, etc., even if it is confirmed that the farm is in violation of the law, the administrative organ must be in accordance with the provisions of Article 44 and Article 54 of the Administrative Coercion Law to perform the procedures such as reminders, and at the same time to ensure the right of the parties to remedy. If an administrative organ fails to impose a penalty in accordance with the procedures prescribed by law, it can file a lawsuit to claim revocation and at the same time compensate for its own losses.

Legal basis]: Article 25 of the Regulations on the Prevention and Control of Pollution from Large-scale Livestock and Poultry Breeding stipulates that due to the development plan of animal husbandry, the overall land use plan, the adjustment of urban and rural planning and the demarcation of prohibited breeding areas, or because of the comprehensive improvement of seriously polluted livestock and poultry breeding intensive areas, the farm will be closed or relocated.

Article 2 of the Administrative Litigation Law stipulates that citizens, legal persons or other organizations have the right to file a lawsuit in the people's court in accordance with this Law if they believe that a specific administrative act of an administrative organ or its staff infringes upon their lawful rights and interests.

Article 27 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land stipulates that the expropriation of houses shall be carried out first with compensation and then relocation.

After the people at the city or county level who made the decision to expropriate the house compensate the expropriated person, the expropriated person shall complete the relocation within the relocation period agreed in the compensation agreement or the compensation decision.

No unit or individual may force the expropriated person to relocate by violence, threats or illegal means such as interrupting water supply, heat supply, gas supply, power supply and road traffic in violation of regulations. Construction units are prohibited from participating in relocation activities.

Hello, after the farm is illegally demolished, the general expropriated person can get compensation for the attachments on the ground, resettlement subsidies, loss of production and business, relocation costs, etc., and the specific compensation should be determined in combination with the actual situation.

1. If the farm is illegally built on the basic farmland, it is an illegal construction, and the relevant administrative organ may order the demolition of the farm within a time limit, and resume land cultivation.

2. Legal basis: Article 30 of the Regulations of the People's Republic of China on the Protection of Basic Farmland.

Those who commit any of the following acts shall be given a heavier punishment in accordance with the relevant documents of the "Land Management Law of the People's Republic of China" and the "Regulations for the Implementation of the Land Management Law of the People's Republic of China":

1) Illegally occupying basic farmland without approval or by using deceptive means to obtain approval;

2) Illegally occupying basic farmland in excess of the approved amount;

3) Illegally approving the occupation of basic farmland;

4) Buying, selling, or otherwise illegally transferring basic farmland.

Second, what procedures are needed to run a farm.

The procedures required to run a farm are as follows:

1. It is necessary to go through the filing procedures for the land for production facilities, and sign the land use agreement for the record with the Land Bureau and the Agricultural Bureau. The location of the farm is also subject to the approval of the Planning Bureau;

2. The whole process from site selection to final farm production and operation needs to be identified and analyzed through environmental impact assessment, and supporting pollution prevention and control facilities need to be built. The EIA procedures need to be handled at the Environmental Protection Bureau;

3. Pollutant discharge permit;

4. Animal epidemic prevention condition certificate;

5. Wild animal domestication and breeding license;

6. Handle industrial and commercial registration;

7. After obtaining the business license, the farmers need to go to the Animal Husbandry Bureau to go through the registration procedures for the farm.

According to the relevant laws and regulations, it can be seen that the land institute shall apply for the filing procedures for breeding land with individual applications, village and town certificates, and breeding filing procedures, and the land institute shall conduct on-site surveys, issue certificates of land type and planning, and sign a land rehabilitation agreement. Report to the Land Bureau for review and filing.

Hello, after the farm is demolished, it is recommended to collect relevant evidence materials in a timely manner and take legal measures in a timely manner to protect their legitimate rights and interests.

Legal analysis: compensation can be claimed, and compensation can also be claimed for the demolition of illegal buildings. As long as it is a thing, there is ownership, even if it is an illegal building, it cannot be empty to deny the ownership of the building materials by the right holder of the illegal building, that is to say, the illegality of the act is not equal to the illegality of the property.

It is also the responsibility of law enforcement agencies to forcibly demolish illegal buildings, and no other unit or individual can fight for unauthorized demolition, so compensation should be paid.

Legal basis: "Urban and Rural Planning Law of the People's Republic of China" Article 64 If the construction project planning permit has not been obtained or the construction project is not carried out in accordance with the provisions of the construction project planning permit, the local people's ** urban and rural planning department at or above the county level shall order the construction to stop the construction and take corrective measures to eliminate the impact of the planning and implementation of the travel infiltration, and shall make corrections within a time limit, and impose a fine of not less than 5% but not more than 10% of the construction project cost. Confiscation of physical goods or illegal income may be imposed with a fine of less than 10 percent of the construction project cost.

Hello, no. Laws and regulations prohibit forced demolition without going through the procedures prescribed by law.

Can the farm be forcibly demolished?

Legal analysis: the circumstances of forced demolition of farms are: 1. If it is illegal, it can be demolished according to law.

However, compensation can be claimed, as can the demolition of illegal buildings. 2. If the requisitioned farms are compensated, and the owners of the farms refuse to relocate, they can be forcibly demolished. Legal basis:

Urban and Rural Planning Law of the People's Republic of China Article 64 If the construction project planning permit is not obtained or the construction is not carried out in accordance with the provisions of the construction project planning permit, the local people's ** urban and rural planning department at or above the county level shall order the construction to be stopped; If corrective measures can still be taken to eliminate the impact on the implementation of the plan, the correction shall be made within a time limit, and a fine of not less than 5% but not more than 10% of the construction project cost shall be imposed; If it is not possible to take corrective measures to eliminate the impact, it shall be demolished within a time limit, and if it cannot be demolished, the physical object or illegal income shall be confiscated, and a fine of less than 10% of the construction project cost may be imposed concurrently.

What should I do if the farm is forcibly demolished?

Lawyer's answer: Call the police on 110.

What to do if the farm is forcibly demolished.

Farms that are forcibly demolished and relocated can report to the local land department to protect their rights, or directly call the law of the Ministry of Land **12336;If the farm is forcibly demolished and violates the personal or property rights and interests of citizens, it may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law. Legal basis: Article 31 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land uses violence, threats or illegal means such as interruption of water supply, heat supply, gas supply, power supply and road traffic in violation of regulations to force the expropriated person to relocate, causing losses, and shall be liable for compensation in accordance with law; Where a crime is constituted against the directly responsible managers and other directly responsible personnel, criminal responsibility is to be pursued in accordance with law; where a crime is not constituted, sanctions are to be given in accordance with law; where a violation of the administration of public security is constituted, a public security administrative sanction is to be given in accordance with law.

What should I do if my farm is demolished?

Lawyer's answer: Call the police on 110.

How to solve the forced demolition of basic farmland farms.

Breeding farms shall not be built on the basic farmland, and shall not be built in the farmland protection area, but only on non-protected farmland. If it is forcibly demolished, it can only be shut down. Basic farmland refers to the cultivated land that shall not be occupied in accordance with the demand for agricultural products of the population and social and economic development in a certain period of time, and according to the overall land use plan.

Lawyer's analysis: When encountering forced demolition, the farm must not be impulsive to counter violence with violence, and try to calm down their mentality, so as not to cause unnecessary damage to their own person.

To call 110 to call the police as soon as possible, in addition to do a good job of forensics at the scene of the demolition, the evidence collection work needs to prove the five elements of location, time, people, vehicles, and on-site conditions.