Division of article Piao Luo Lv
Edit Piao A king
Immediately respond to a news
Li Mou saves village of C of developing zone of B city economy to have one place to close legally in A of compasses red carry research to cultivate base. Base conservatory cultivates an area to make an appointment with 1550 square metre, lukewarm help advance somebody's career many 2300 are carried child tree of tree, an a 40 poplar, cherry, plum. Conservatory periphery has exercise to use a room, cover an area of more than 130 square metre, and form a complete set of much interplanting establish is accessary establishment.
In Feburary 2015, developing zone of B city economy runs the name that committee lays in with land, allege should collect C village the building of all plot, big canopy of Li Mou is not exceptional also, but all compensation that give Li Mou have 170 thousand yuan only actually, grow the profit that brings him under conservatory far. To strive for reasonable compensation, li Mou entrusted a lawyer.
Get behind is conspiratorial
The lawyer visited bureau of natural resources of bureau of program of bureau of bureau of B city program, land natural resources and economic development, land early or late, undertake investigating obtaining evidence working, referred formally to bureau of natural resources of B city land subsequently " governmental information makes public requisition " , apply for those who make public C village plot to ask for the ground to approve a document. Hind bureau of natural resources of B city land make rewrite, say project of C village plot does not have file of the approval that ask for the ground. Change character, committee member of management of development of B city economy plans to will be opposite the entire building inside limits of C village district carries out the premise that collects behavior, collective land has been collected to be state-owned land this information is false. The lawyer will enrol take a drastic measure to deal with a situation, get behind the plot that imposes the ground phonily, those who protected Mr Li is red carry research to cultivate base.
Legislation is little stick person
1."Ask for the ground phonily " aim program of ground of avoid ask forring finds a place for with the compensation that ask for the ground link, enter the building on state-owned land to impose compensation program directly.
2. our country shows level the building of 3 kinds of collective land that the local law standard of many provinces city asks collects a way:
One of, first according to " land management method " will collective land turns into state-owned land, adhere to on reservation building, next again the building on state-owned land collects according to the program building that finish is collected with compensation program;
Secondly, direct ginseng collects what have house of collective land main rooms with compensatory program to collect; according to circumjacent town house
Thirdly, the member that weave with collective economy group directly by the government sector talks things over collect with compensation matters concerned looks, " Ta holiday asks for the ground " essence and the 2nd kind of way do not have what difference, but why does here say it breaks the law even?
The reason has as follows at 2 o'clock:
Principal part is collected in 1. case actual it is to try to pass the first kind of way to finish collect a purpose, but close to examine and approve brought risk or will be connected for avoid ask forring examine and approve nevertheless and the duty fee that pays possibly, walked along shortcut all to leave to impose a program then. Choose the first kind of route, because this kinds of way is,be most the mode of operation that press close to has jurisprudence, by Zuo investigate violate expropriation risk minimum. But according to the first kind of way, the program that ask for the ground must issue case to receive according to " land management method " the requirement of as corresponding as its executive detailed rules, fulfil the newspaper that ask for the ground to approve program and compensation to find a place for rain core content. Otherwise, the building that enters state-owned land to go up directly collects a program to be formed namely break the law.
2. looks from idea, "Ask for the ground phonily " essence and the 2nd kind of way do not have what difference; but, both is reasonable compensation, compensation reachs the designated position and give child sufficient social security. And " ask for the ground phonily " the practice that enters the building on state-owned land to impose a program directly, often avoid the land that person be expropriationed ought to enjoy won'ts do cost, find a place for social security of accessorial cost, lost territory, its result and the 2nd kind of original intention photograph of the way go very far.
Encounter when you when asking for the ground, must discern carefully or seek advice from professional personage to discern, whether is this asks for the ground to ask for the ground phonily, if be false, will cause the loss that cannot offset so.
