Article introduction: Land is collected is to show the country needs for public interest, the program that according to law sets and attributive farmer collective all land translate into are state-owned land, the organization of rural collective economy that gives the ground that be asked for lawfully and person be expropriationed is reasonable the legal action that compensation and appropriate find a place for. Ask for the ground legally to must accord with these 5 requirements, disobey any one can be sued break the law ask for the ground!
The first, the decision that signs the ground and carry out, must according to law sets collect utility to undertake. Violate the duty that imposes the ground to just want to assume relevant law responsibility.
1, asking for the ground is governmental action certainly.
Asking for the ground that is to say is governmental action certainly, is not individual and commercial corporative behavior. Asking for the ground is patent rights force of the government, other any units and individual did not ask for land ownership.
2, need and must collect land of public interest for the society.
Basis " land management method " relevant provision, collecting land must be for the society of public interest need, if be the case that is used at commerce to develop use, not be the legal argument that collects land.
3, collect commandeer land to must obtain approval lawfully.
Collect the farmland beyond basic farm, basic farm to exceed 35 hectare, exceed 70 hectare with etc land, by approval of the State Council. Collect other land, by approval of government of people of province, municipality, municipality directly under the Central Government, sign up for the State Council to put on record. Collect agricultural of the ground, ought to according to is dealt with about formulary go ahead of the rest agricultural the ground turns with examine and approve. Front courtyard of principle columns of a hall thinks the country collects land according to after legal process is approved, give by government of people of place of prefectural class above announcement is organized carry out.
4, must be opposite lawfully unit of the land that be asked for and individual undertake compensating.
The droit person of land be expropriationed, use person ought to be inside announcement time limit, the land ownership that hold ground belongs to certificate to be in charge of a branch to deal with the compensation that ask for the ground to register to administration of land of government office of local civil administration. Those who collect land, offer compensation according to the former utility of land be expropriationed. Concerned law and administrative regulations have special provision to expropriation specific compensation standard.
5, the behavior that ask for the ground must be made public to the society, accept a society supervise.
The act that signs the ground should be open and transparent, after the compensation that ask for the ground finds a place for plan decides, government of concerned place people ought to announcement, listen to the opinion of the organization of rural collective economy of the ground that be asked for and farmer. Front courtyard of principle columns of a hall tears open change group to suggest the rural collective economy of the ground that be asked for is organized, ought to compensate those who collect land the state of income and expenses of charge, the member that organizes to this collective economy is announced, accept supervise.
The 2nd, land collects compensation to include 10.
1, farmland is compensated 2, basic farm is compensated 3, forest land etc is agricultural the ground is compensated 4, factory construction is compensated with the ground 5, compensation of villager building house 6, the collective construction such as road is compensated with the ground 7, free land, barren mountain, moorland, desolate sands, . 10, the other allowance that ask for the ground, award.
Front courtyard of principle columns of a hall hints you:
According to our country relevant law sets, person be expropriationed is torn open change person can be in receive collect a decision, administration mentions to reconsider inside 60 days when collect the specific administration action such as compensation decision, administrative lawsuit mentions inside 6 months. If house by forced releasing, want right of dimension of the to lodge a complaint inside 6 months in the day that knows forced releasing. Some tear open change door to be able to be written to visit, but the letter is visited is not legal approach, how long to no matter the letter is visited,make the argument that sues deadline to interrupt. Person of a lot of change that be torn open is written to visit delayed time, miss litigant effectiveness for a given period of time, although sue, the court also won't be accepted. Although look for a lawyer, what to do to help you! In practice, no matter look for superior to reflect a condition, go informing against local staff member, visit everywhere, cannot essence solves a problem, those who delay is your valuable time that defends rights and interests only! In cannot with collect the circumstance that tears open change to just negotiate negotiate to fall, ask what contact major as soon as possible to ask for tear open a lawyer, seek a solution.
Attention " front courtyard of principle columns of a hall tears open change lawyer " a date, illicit letter leaves a message, can enjoy man-to-man solve.
