Article introduction: These 7 kinds of situations produce when asking for the ground, can form break the law ask for the ground! Be being collected because of land is to show the country needs for public interest, according to is legal program and attributive will be collective all land translate into is state-owned land, the collective economy organization that gives the ground that be asked for lawfully and villager are reasonable compensation and the legal action that find a place for.
The first, either need and collect land of public interest for the society, collect for the purpose with commerce.
Basis " land management method " relevant provision, collecting land must be for the society of public interest need, front courtyard of principle columns of a hall tears open change group to understand, if be the case that is used at commerce to develop use, not be the legal argument that collects land. With commonweal project project approving, the behavior that develops with commercial purpose however, will strictly tell also is to break the law collect behavior.
The 2nd, the principal part that ask for the ground is illegal, it is other and illegal collect principal part surely.
Draft the patent rights force that the ground is a government that is to say, other any units and individual did not ask for land ownership. Carry out those who tear open change is OK it is governmental precatory other unit. For example village appoint meeting and house appoint can have no right to collect land.
The 3rd, collect basic farm land to exceed 35 hectare, other land exceeds 70 hectare, did not obtain the approval that ask for the ground 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. 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.
The 4th, collect first tear open change, without compensatory.
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. Should according to " compensate first, change is torn open after " the principle undertakes expropriation tearing open change.
The 5th, underground amends plan, ignore opinion of person be expropriationed, do not hold hearing of witnesses.
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. 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 Dong Guonv's lawyer of front courtyard of principle columns of a hall and Lu Yongjiang's lawyer ever had handled the case of a Tianjin, ask for debit to did not have program of hearing of witnesses, final court court decision breaks the law ask for the ground, tore open change door to obtain win the lawsuit.
The 6th, do not ask for the ground to tear open change according to legal process
Carry out the basic course before asking for the ground to be as follows:
The first pace, before buy order
1, plan to ask for the ground to inform
1, undertake investigating affirming to land current situation
The 2nd pace, ask for the ground to examine and approve
The 3rd pace, announcement that ask for the ground
1, announcement main body
2, announcement time and place
3, announcement content
The 7th, ground of embezzlement, divert ask forring compensates a paragraph.
The droit of the money that ask for the ground and access get legal protection, any organizations and individual are not encroached wantonly or move makes him use. " land management method " the 79th regulation, embezzlement, divert is collected the fund of the compensation that ask for the ground of land unit and other concerned charge, those who make crime, investigate criminal duty lawfully; Still do not make crime, give disciplinary sanction lawfully.
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.
