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Rural collective land acquisition process (full version)

2022-11-24 18:19:46Tune


导读:The rural collective land expropriation is refers to the country for the needs of the public interest,通过法定程序,The original belong to the land collectively owned by peasants for the behavior of the state-owned.实践中,Many administrative authorities on how to carry out the collective land expropriated and confused,小编根据《土地管理法》修改前后的变化,On the rural collective land expropriation process comb summary,Just for your reference to communicate,不当之处欢迎指正!


全文:


一、根据修改前《土地管理法》《土地管理法实施条例》等相关法律法规的规定,The rural collective land expropriation usually according to the following procedures and steps ahead:


第一步:Announcements to land

At the location of the expropriation of land by a department of village、Set within the scope of announcements to land,If it is a land、The town land collectively owned by peasants,Should also be in the countryside、镇,In a written form to inform the expropriation of land farmers' collective economic organizations and farmers,Land acquisition range、位置、补偿方式、补偿标准、Settlement way and land use, etc.公告后,Who rob planted、Busy planting crops or scrambling to buildings is not included in the compensation scope.


第二步:Confirm the results of the survey

Tax department should entrust relevant qualifications of reconnaissance unit,Or in conjunction with the expropriation of land ownership of the people、Expropriation of land rights the on-the-spot investigation of four to the boundary、土地用途、土地面积,The ground attachments to type、数量、规格等,The results of the investigation should be with landless rural collective economic organizations、Farmers and the ground attachments to right person to confirm.


第三步:Organize land requisition hearing

Before the land requisition approval in accordance with the law,Tax department should inform the landless rural collective economic organizations and farmers,To be requisition land compensation standard、Settlement way has the right to apply for a hearing.The obligee to apply for a hearing,应按照《The hearing rules of land and resources》Organize a hearing procedures and related requirements.


第四步:拟定“The author four solutions”And report the examination and approval

By tax department according to the program,按照《Measures for the management of construction land examination and approval》Of drawing up the material requirements for“The author four solutions”即:Construction land instruction、Solution in this regard、Supplementary cultivated land plan、Land plan、Land supply plan,And the group to have approval from the authority of approval.



第五步:Land expropriation announcement

Land of the city、County people's government shall, upon receipt of an administrative organ at the provincial level or requisition of land of the State Council approval documents from the date of the10Workdays inner landless township is located(镇)村、Group of land expropriation announcement.

Announcement content includes land requisition approval authority、批准文号、Approval time and use,The ownership of the land、位置、In class and the area of,Land requisition compensation standard and agricultural personnel resettlement way,Through the compensation registration for requisitioned land with the time、Location, etc.


第六步:Land requisition compensation registration

The ownership of the landless people、Use right person shall, in the land within the time limit stipulated by the announcement,To the announcement on the strength of the land certificate through the compensation registration for requisitioned land with the designated department procedure.Landless rural collective economic organizations、Rural villagers or other obligees of land expropriation compensation registration formalities didn't,The content of the compensation will be subject to the results of the survey.


第七步:For land requisition compensation and resettlement plan and announcement

1.A proposed、Modify and approval

Approved by the tax department under the State Council according to the province or land requisition approval land plan,To formulate the land requisition compensation and resettlement plan,At the location of the expropriation of land in the countryside(镇)、Village shall be published,Listen to the land the opinions of the rural collective economic organizations and farmers,After the modification to the city、County people's government to organize and implement after approval.The announcement content generally include:

The location of the expropriation of land、地类、面积;

Types of ground attachments and green crops on the land、数量;

The number of agricultural population to be resettled;

Land compensation standards、数额、Object and the payment way;

Resettlement fees standard、数额、Object and the payment way;

Ground attachments and green crops on the land compensation standard and method of payment;

Agricultural personnel specific resettlement way;

Other relevant land expropriation compensation、Placement of specific measures.

2.Modification scheme and the announcement

Landless rural collective economic organizations、Rural villagers or other obligees of land expropriation compensation、Resettlement plan have different opinions or demand of hearing,The land administrative departments shall study on land expropriation compensation、Different opinions from the resettlement plan,Organize a hearing according to the actual situation.It is really necessary to modify land compensation and resettlement plan,应当依照有关法律、Regulations and approval of land plan changes and announcements.

3.To object to the compensation standard processing

The obligee to compensation standard controversial,Approved by the land acquisition compensation、Resettlement plan of the city、County people's government to organize and coordinate;Coordinate fails,Approved by the land expropriation compensation、The people's government at the next higher level for reconsideration resettlement plan(裁决).


第八步:The implementation of land compensation and resettlement fees

Tax departments in accordance with the provisions in the proposed land acquisition compensation and resettlement plan approval within three months from the date of full payment of land compensation、Resettlement and insurance cost of fare of cost of expenses.


第九步:Land requisition compensation and resettlement agreement or make a decision on land requisition compensation and resettlement

According to the scheme in the land requisition compensation and resettlement compensation standard,Expropriated by the compensation and resettlement agreement with a department(实践中,According to actual condition can also be used in the proposed a phase compensation and resettlement agreement).

Individual failed to reach an agreement,市、County people's government shall be based on land requisition compensation and resettlement plan、Assessment content such as the compensation and resettlement agreement signed and others to impose compensation decisions in time and delivery.


第十步:Hand over the land、The surface to remove compulsory administrative actions such as

1.Shall be ordered to hand over the land

After the collection of compensation behavior to make expropriated shall deliver the land on schedule,Violating the land administrative law、法规规定,Block of land for state construction,By the land administrative departments of governments at or above the county level shall be ordered to hand over the land.

2.The earth's surface to remove behavior

If you are a person to impose compensation behavior、Shall be ordered to make behavior does not bring administrative reconsideration or administrative litigation,Refused to hand over the land,A department may apply to the people's court for compulsory execution.According to the court granted the execution order,Implementation of the surface cleaning and demolition,Relevant mandatory behavior may expand the scope of mandatory cleaning expand expropriated or using illegal means to cause loss of.


二、根据修改后《土地管理法》(2020-01-01施行)《土地管理法实施条例》等相关法律法规的规定,The rural collective land expropriation usually according to the following procedures and steps ahead:


第一步:Land expropriation starting announcement

Need to land,市、County people's government that conform to the《土地管理法》Article 45 the provisions of the,Shall issue a land expropriation starting announcement.Land launch announcement shall levy land in the countryside in quasi(镇)和村、The villagers group released within the scope of.Announcement content includes the scope、On purpose、To carry out the status survey of land arrangement.Land expropriation and start the announcement from the date of release,No unit or individual may in planted scrambling to be within the scope of land requisition rob;In violation of regulations of planted scrambling to grab,不予补偿.


第二步:Present situation of land survey and social stability risk assessment

The content of the present situation of land survey including land ownership、地类、面积,And rural villagers' houses、Other ground attachments and green crops, such as the ownership、种类、数量等信息.

Social stability risk assessment shall be carried out in a social stability risk status of land comprehensive assessments,Determining the risk,Put forward the risk prevention measures and disposal plan.Social stability risk assessment results is to apply for land expropriation and the important basis of.


第三步:For land requisition compensation and resettlement plan and announcement

市、County people's government shall be based on social stability risk assessment results,Together with the present situation of land investigation,Organization of natural resources、财政、农业农村、Human resources and social security departments making land requisition compensation and resettlement plan.Land requisition compensation and resettlement plan including the scope、Land status quo、On purpose、补偿标准、Resettlement way and social security, etc,Protect the landless peasants the original life level is not lower、长远生计有保障.

(1.Compensation for expropriation of the agricultural land、Resettlement fees by the provincial、自治区、Municipalities directly under the central government announced by making land area was.Area of integrated land price shall be formulated in considering the original land use、土地资源条件、土地产值、土地区位、土地供求关系、人口以及经济社会发展水平等因素,And at least every three years to adjust or to publish a.2.On agricultural land other than、The ground attachments and green crops such as the compensation standard of,由省、自治区、直辖市制定.3.For the rural residential,Shall, in accordance with the compensation before they move、The principle of living conditions have improved,Respect the countryside villagers will,To rearrange the homestead building、To provide housing or monetary compensation methods such as give fair、合理的补偿,And the resulting from a move、Temporary resettlement fees to compensate,Protect rural villagers living rights and legal housing property rights.4.The local people's governments at or above the county level shall incorporate the landless farmers into the corresponding pension and other social security system.Landless peasants social security fee is mainly used to conform to the conditions of the landless farmers' endowment insurance and other social insurance capture to expend allowance.Landless peasants social security fees raise、The management and use to,由省、自治区、直辖市制定.)

After the plan,市、County people's government shall, in the proposed land in the countryside(镇)和村、Villagers groups within the scope of land requisition compensation and resettlement announcement,Hear the opinions of the land of rural collective economic organization members,Announcement time not less than 30 days.Notice shall set forth the land requisition compensation and resettlement plan、Compensation registration deadline、Objection to feedback channels, etc.

Most of the landless rural collective economic organization members think land requisition compensation and resettlement plan is not in conformity with the law、The rules and regulations,市、County people's government shall organize a hearing.Research on the rural collective economic organization members of different opinion,根据法律、Regulations and the hearing situation changes.


第四步:Land requisition compensation registration

The ownership of the landless people、Such rights shall, within the time limit prescribed by the compensation and resettlement notice,Through the compensation registration for requisitioned land with the material with the realty ownership certificate formalities,Not the land expropriation compensation registration formalities as scheduled,The content of the compensation will be subject to the investigation results.


第五步:Ensure the land compensation and resettlement fees

市、County people's government shall organize relevant departments to be land and the house measure assessment,The land compensation fees、安置补助费、Rural residential、Other compensation for ground attachments and green crops on the ground, and social security fees in full deposit,保证专款专用、Fully in place.Not full specified amount of deposit,Shall not apply for land expropriation and.


第六步:Land requisition compensation and resettlement agreement or make a decision on land requisition compensation and resettlement

市、County people's government according to the land requisition compensation and resettlement plan、评估报告等,Organize relevant departments and the ownership of the land、Rights of land requisition compensation and resettlement agreement.Individual is difficult to reach an agreement,Does not affect the land requisition for approval,But you need when applying for land according to the facts that.

For individual not land requisition compensation and resettlement agreement,市、County people's government shall be based on land requisition compensation and resettlement plan、Compensation registration results、Expropriated the local compensation policies and other content such as the compensation agreement signed in time, make a decision on land requisition compensation and resettlement.


第七步:A application for approval

After the completion of the relevant previous work,市、County people's government may apply for land expropriation and,按照《土地管理法》The provisions of article 46 to have approval from the approval of the people's government.With approval from the people's government for land expropriation is in line with the《土地管理法》Article 45 the provisions of the public interest to review,符合条件的,Should be within the time limit prescribed by the State Council approval.


第八步:Land expropriation announcement

After the land expropriation and apply for approval in accordance with law,县、The municipal people's government shall issue a land expropriation announcement,并组织实施.Announcement content includes land requisition approval authority、批准文号、Approval time and use,The ownership of the land、位置、In class and the area of,Land compensation standards and agricultural personnel resettlement way, etc.


第九步:The implementation of land expropriation compensation measures

Land requisition approval after the announcement,There is no land requisition compensation and resettlement agreement about the early stage of the expropriation of people,Implementation of the people's government will negotiate further with,如果协商不成,市、County people's government shall timely expropriated for individual land requisition compensation and resettlement decision.

Tax authorities shall timely pay land compensation fees in accordance with the law、安置补助费And rural villagers' houses、其他地上附着物和青苗等的补偿费用,并安排被征地农民的社会保障费用,Ensure that all the compensation and resettlement measures put in place.

Is the ownership of the land、Use right people is not satisfied with the land expropriation,可以依法申请行政复议或者提起行政诉讼.


第十步:强制执行

Be land owners、Such rights within the prescribed time limit for levying countervailing behavior does not apply for administrative reconsideration or institute an administrative lawsuit not,Within the prescribed time limit, nor make out,由市、County people's government shall apply to the people's court for compulsory execution.According to the court granted the execution order,Implementation of the surface cleaning and demolition,Relevant mandatory behavior may expand the scope of mandatory cleaning expand expropriated or using illegal means to cause loss of.

After the people's court for compulsory execution,A completed.Implementation of the people's government shall be a plot to clean,After sorting out of the land of net,Through allotment or transfer of the land to the new development unit,To build the new project.

来源:Natural resources law、Live to build legal

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