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Under what circumstances can the village committee take back farmers' land according to law?
During the 30-year land contract period, can the village take back the contracted land on the grounds of owed agricultural taxes and abandonment?
Farmers’ contracted land cannot be taken back on the grounds of owed agricultural taxes. If the contracted land has been abandoned for more than two consecutive years, the village collective has the right to take back the farmer’s contracted land. This is stipulated in the Land Management Law.
On January 1, 2006, my country’s agricultural tax was completely abolished. Since then, agricultural tax, which has been indispensable throughout every dynasty in Chinese history, has withdrawn from the stage of history. The discontinuation of agricultural tax has greatly reduced the burden on farmers. That is to say, from January 1, 2006, there is no such thing as agricultural tax in rural areas, and the agricultural tax owed by some farmers before that has been written off in one lump sum and has not been collected.
Therefore, it is nonsense and has no basis to take back the contracted land of farmers on the grounds of arrears of agricultural taxes. Now, some rural areas may need to raise funds and labor from the masses during the implementation of the project. Some people will refuse to pay. Farmers who do not pay fees may be forced to withdraw from the contracted land to urge them to pay. This is unreasonable. This payment has nothing to do with the contracted land. No matter what fee the farmer refuses to pay, the village collective cannot take back the contracted land.
my country’s Land Management Law stipulates that village collectives have the right to take back contracted land under the following circumstances. First, the farmer has been abandoned for more than two consecutive years; second, the whole family has become extinct; third, the farmer has voluntarily withdrawn from the contracted land; fourth, the contracted land has not been used according to the contract agreement, the contracted land has been requisitioned in accordance with the law, or the use of the contracted land has stopped due to relocation, etc. Condition. Only the above situations occur. Only the village collective has the right to take back the land contracted by farmers. Otherwise, during the contract period, the village collective cannot take back the land contracted by farmers at will.
In short, the village collective cannot take back the contracted land of the farmer on the grounds of default in payment. However, if the farmer has abandoned the land for more than two consecutive years, the village collective has the right to take back the contracted land. If I do not agree to withdraw from the homestead, I cannot take it back. Because the state has clear regulations on the three plots of land for farmers and the separation of powers, everyone is very strict about it. What I need to explain here is that rural landowners belong to a certain group or cooperative. This kind of organization is the cooperative in which farmers own land in the 1950s, and is the real owner of collective land. The village committee is just the organizer of several village groups, not the user of rural land.
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