Legal basis for the recovery of state-owned land

The basis for recovering the right to use state-owned land is the first paragraph of Article 58 of the Land Administration Law. Under any of the following circumstances, the right to use state-owned land may be recovered by the competent department of natural resources of the relevant people's government to the people's government that originally approved the land use or the people's government that has the right to approve it:

(a) because of the implementation of urban planning for the transformation of the old city and other public interests, it is really necessary to use land;

(two) the term of use agreed in the paid use contract such as land transfer expires, and the land user has not applied for renewal or the application for renewal has not been approved;

(three) due to cancellation, relocation and other reasons, stop using the original allocation of state-owned land;

(four) roads, railways, airports, mines and other approved scrapped.

According to Article 9 of the Land Management Law and Article 2 of the Regulations for the Implementation of the Land Management Law, the following land belongs to the land owned by the whole people, that is, the land owned by the state:

(1) Urban land;

(2) Land that has been expropriated, requisitioned or acquired as state-owned in rural areas and urban suburbs according to law;

(3) Land requisitioned by the state according to law;

(4) Woodlands, grasslands, wasteland, beaches and other lands that are not owned by collectives according to law;

(five) all the members of the rural collective economic organizations are turned into urban residents, and the land originally owned by its members collectively;

(six) due to national migration, natural disasters and other reasons, farmers organized land migration, which was originally owned by the demolished farmers and no longer used.

To sum up, the basis for the use and recovery of state-owned land is determined according to the Land Administration Law of the People's Republic of China.

Legal basis:

Land Management Law of the People's Republic of China

Article 58, paragraph 1

Under any of the following circumstances, with the approval of the people's government that originally approved the use of land or the people's government that has the right of approval, the competent department of natural resources of the relevant people's government may recover the right to use state-owned land:

(a) because of the implementation of urban planning for the transformation of the old city and other public interests, it is really necessary to use land;

(two) the term of use agreed in the paid use contract such as land transfer expires, and the land user has not applied for renewal or the application for renewal has not been approved;

(three) due to cancellation, relocation and other reasons, stop using the original allocation of state-owned land;

(four) roads, railways, airports, mines and other approved scrapped.