The announcement of land expropriation shall include
1, land acquisition licensing authority, license number, license time and license use;
2. Ownership, location, land type and area of the expropriated land;
3, land acquisition compensation standards and rural personnel resettlement measures;
4, to solve the land requisition compensation registration time and place.
Basic procedures of rural land expropriation
1. Pre-select planned agricultural land. The requisition of rural land must conform to the overall land use planning, the overall urban construction planning and the annual land use plan, otherwise, the land shall not be used. After the initial selection of agricultural land as construction land, the land-using unit should first negotiate with the departments of land and resources, construction and planning to see if it conforms to the various plans of agricultural land.
2, the preparation of construction project feasibility report. After confirming that agricultural land can be used for construction, the feasibility report of the construction project shall be prepared according to the requirements of the construction department, and an application for land use shall be submitted to the construction department for review. In line with the requirements, the land use unit shall pay the site selection fee according to the regulations, and the construction department shall issue a site selection opinion for the construction project.
3. Submit the land pre-trial application. After the conversion of agricultural land or land expropriation is approved according to law, the land-using unit shall, within two years, submit an application for pre-examination of land use to the Bureau of Land and Resources at the same level with a site selection opinion, and the Bureau of Land and Resources shall issue a pre-examination report on land use for construction projects.
4. Go through the project establishment procedures. Land units shall go through the formalities of project establishment, planning and environmental protection license with the pre-trial report of land use for construction projects, and pay various examination and approval fees;
5. Submit a formal application for land use. The land-using unit will once again hold the above-mentioned approval documents and submit a formal application for project land to the Bureau of Land and Resources for preliminary examination.
6. Go through the examination and approval procedures and approve the land use. According to the overall planning of land use, the overall planning of urban construction and the annual plan of land use, the Bureau of Land and Resources worked out plans for conversion of agricultural land, supplementary cultivated land, land requisition and land supply in different categories, which were approved by the people's governments at all levels.
7. Land expropriation. The Bureau of Land and Resources is specifically responsible for collecting owners and users of agricultural land, signing compensation and resettlement agreements, and handling land acquisition procedures. Compensation for land requisition includes land compensation fee, resettlement fee, young crops compensation fee and ground attachments compensation fee. The above compensation shall be paid in full by the land unit within 3 months from the date of approval of the land acquisition compensation and resettlement plan. If the land unit fails to pay in full on schedule, the government shall refuse to issue the approval letter for construction land, and rural collective economic organizations and farmers have the right to refuse the construction unit to start using land.
8. Obtain approval documents for land use. According to the approved land supply plan, the Bureau of Land and Resources shall, after the completion of the land acquisition compensation and resettlement subsidy, issue the approval document and the Approval Letter for Construction Land to the land-using unit.
9. Pay the leasing fee and obtain the land use right. After the land is expropriated, it becomes state-owned land, and the Bureau of Land and Resources signs a contract with the land user for the paid use of state-owned land. Land units should pay the transfer fee as agreed.
10, go through the formalities for examination and approval of construction projects, start construction and use land. After signing the contract and paying the fees according to the contract, the land-using unit can truly obtain the land use right, and the land-using unit can go through the relevant examination and approval procedures for construction projects.
After the local government issued a legal and effective land acquisition announcement, it started the legal procedures of land acquisition and demolition according to law. This time point is also the time demarcation point confirmed by the investigation of the land status quo, that is, after the announcement, if the land-expropriated and demolished people scramble to plant crops or build buildings, these crops and buildings will not be included in the scope of compensation, and the buildings can even be identified as illegal buildings without any compensation. Therefore, any form of "notice" does not mean the beginning of the government's land acquisition and demolition work before the local government issues a legal and effective land acquisition announcement. At the same time, if the local government had not taken this step, it would have carried out the follow-up land acquisition and demolition work, which would be strong evidence that the government's expropriation behavior was illegal.
legal ground
the land administration law of the people's republic of china
Forty-fourth construction land, involving the conversion of agricultural land into construction land, shall go through the formalities for examination and approval of agricultural land conversion.
The conversion of permanent basic farmland into construction land shall be approved by the State Council.
In order to implement the overall land use planning of cities, villages and market towns, if agricultural land other than permanent basic farmland is converted into construction land, the organ that originally approved the overall land use planning or its authorized organ shall, in accordance with the provisions of the State Council, approve it in batches according to the annual land use plan. Within the approved scope of agricultural land conversion, the land for specific construction projects can be approved by the municipal or county people's governments.
The conversion of agricultural land other than permanent basic farmland into construction land outside the scope of construction land for cities, villages and market towns determined in the overall land use planning shall be approved by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government authorized by the State Council or the State Council.
Forty-fifth in order to meet the needs of public interests, under any of the following circumstances, it is really necessary to expropriate land owned by farmers collectively, and expropriation can be carried out according to law:
Military and diplomatic needs;
(two) the government organization and implementation of energy, transportation, water conservancy, communications, postal and other infrastructure construction needs land;
(3) public utilities such as science and technology, education, culture, health, sports, ecological environment and resource protection, disaster prevention and mitigation, cultural relics protection, comprehensive community services, social welfare, municipal utilities, special care and resettlement, and hero protection organized and implemented by the government need land;
(four) the land needed for poverty alleviation and relocation and affordable housing projects organized and implemented by the government;
(5) The local people's governments at or above the county level need to develop construction land within the scope of urban construction land determined in the overall land use planning with the approval of the people's governments at or above the provincial level;
(6) Other circumstances in which land collectively owned by farmers can be expropriated for public interests as stipulated by law.
The construction activities specified in the preceding paragraph shall conform to the national economic and social development planning, the overall land use planning, urban and rural planning and special planning; The construction activities specified in items (4) and (5) shall also be included in the annual plan for national economic and social development; The development plots specified in Item (5) shall meet the standards set by the competent department of natural resources of the State Council.
Article 46 The requisition of the following land shall be approved by the State Council:
(1) Permanent basic farmland;
(two) more than thirty-five hectares of arable land other than permanent basic farmland;
(3) More than 70 hectares of other land.
Requisition of land other than that specified in the preceding paragraph shall be approved by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Where agricultural land is requisitioned, the approval procedures for the conversion of agricultural land shall be handled in advance in accordance with the provisions of Article 44 of this Law. Among them, if the agricultural land is converted with the approval of the State Council, the land acquisition approval procedures will be handled at the same time, and the land acquisition approval will not be handled separately; If the people's governments of provinces, autonomous regions and municipalities directly under the Central Government approve the conversion of agricultural land within the scope of land acquisition approval, they shall go through the formalities of land acquisition approval at the same time, and no longer go through the formalities of land acquisition approval separately. Beyond the approval authority of land acquisition, land acquisition approval shall be handled separately in accordance with the provisions of the first paragraph of this article.
Article 47 If the land is expropriated by the state, it shall be announced and implemented by the local people's government at or above the county level after being approved in accordance with legal procedures.
Where the local people's government at or above the county level intends to apply for land expropriation, it shall carry out investigation on the current situation of the expropriated land and assess the risk of social stability, and announce the scope of expropriation, the current situation of the land, the purpose of expropriation, compensation standards, resettlement methods and social security within the township (town), village and villagers' group where the expropriated land is located for at least 30 days, and listen to the opinions of rural collective economic organizations and their members, villagers' committees and other interested parties.
If most members of the rural collective economic organizations whose land has been expropriated think that the compensation and resettlement scheme for land expropriation does not conform to the provisions of laws and regulations, the local people's governments at or above the county level shall organize a hearing and modify the scheme according to the provisions of laws and regulations and the hearing.
The owner and user of the expropriated land shall, within the time limit stipulated in the announcement, apply for compensation registration with the certificate of real estate ownership. The local people's governments at or above the county level shall organize the relevant departments to calculate and implement the relevant expenses, ensure that the full amount is in place, and sign compensation and resettlement agreements with the owners and users of the expropriated land; If it is really difficult for individuals to reach an agreement, they shall truthfully explain it when applying for land acquisition.
After the relevant preliminary work is completed, the local people's governments at or above the county level may apply for land acquisition.