Procedures for expropriation of rural collective land

The expropriation of rural collective land should follow legal procedures to ensure that the compensation for land expropriation is reasonable and fair. Collection agencies need to apply for collection and reach a compensation agreement with rural collective economic organizations. The decision on expropriation shall be made in accordance with legal procedures, and the relevant right holders shall be publicized and informed of the hearing. Collection agencies need to apply for planning permission and apply to the competent department of land and resources for approval of the transfer. After the completion of land expropriation, it is necessary to confirm the ownership of collective land and pay compensation in time. Collection procedures should follow the principles of compliance with laws, fairness and reasonableness, and take into account the basic rights and interests of farmers. The specific collection procedures also need to be carried out in accordance with local laws and regulations. Relevant laws and regulations include Land Administration Law of the People's Republic of China, Regulations on Land Expropriation and Compensation in People's Republic of China (PRC) and Regulations on Housing Expropriation and Compensation on State-owned Land in People's Republic of China (PRC). Details are as follows:

The procedures for requisition of rural collective land are as follows:

1. Application for expropriation: the expropriation institution applies to the rural collective economic organization for expropriation.

2. Compensation through negotiation: the collection agency negotiates with the rural collective economic organization to reach a compensation agreement.

3. Collection decision: The collection agency shall publicize the collection decision in accordance with legal procedures, and notify the relevant obligee to hold a hearing.

4. Planning permission: The tax authorities apply to the local administrative department for planning permission.

5. Approving the transfer: the collection agency applies to the competent department of land and resources for approval, and after the application is completed, the land will be transferred to the user.

6. Collective land ownership confirmation: the time limit for rural collective economic organizations and individuals to confirm property rights is 6 months. If it is not confirmed within 6 months, it shall be deemed as consent to confirm. Refuse to confirm, it shall bring a lawsuit to the people's court.

7. Compensation in place: After the land acquisition is completed, the collection agency shall pay compensation in time according to the agreement and legal provisions.

It should be noted that the above collection procedures are only general procedures, and the specific procedures need to be operated according to the laws and regulations of different regions. If you need to requisition rural collective land, please be sure to know the specific local laws and regulations or consult relevant professionals for guidance.

Rural collective land expropriation refers to the government's expropriation or occupation of village collective-owned land for the public interest with the consent of collective economic organizations, or the land circulation according to the agreed circulation system. The following is the relevant knowledge of rural collective land expropriation procedures:

1. Expropriation of rural collective land needs to conform to legal procedures and the principle of legal procedures. The procedure shall include determining the basis, subject, scope, method and other contents of the expropriation behavior, and making an announcement to the village collective owner according to law.

2 expropriation of rural collective land, land expropriation compensation shall be given. These include land compensation fees, relocation subsidies and living allowances for landless farmers.

3. The compensation for land expropriation shall be reasonable and fair. The expropriated person and the village collective owner shall reach an agreement through consultation.

4. When paying compensation, the land compensation fee should be paid first, and then the relocation fee, social insurance and other related expenses should be paid.

5. When deciding to levy, we should make overall plans to ensure that farmers have basic conditions such as income channels and employment opportunities.

6. Expropriation should follow the principle of collective economic organizations' consent and democratic decision-making, and at the same time consider the basic rights and interests of farmers.

In a word, the legitimacy and fairness of rural collective land expropriation procedures are very important, and they should be legal, fair and reasonable, and always put the basic interests of farmers first.

Legal basis:

Land Management Law of the People's Republic of China

Article 54 Where the state needs to occupy collectively-owned land for land expropriation, the following procedures shall be followed:

(a) in conjunction with the relevant departments, formulate land acquisition plans.

(two) to listen to the opinions of the object of collection and obtain the consent of the village (neighborhood) committee.

(3) reported to the people's government at a higher level for approval according to procedures.

(4) Implement expropriation according to law to ensure land compensation and relocation.

Regulations of People's Republic of China (PRC) Municipality on Land Expropriation and Compensation

Article 14 When the state expropriates land, it shall, according to the scale, nature and use value of the land, determine the compensation standard, compensation method and composition of the compensation standard through consultation, and make it known to the public through publicity.

Regulations of People's Republic of China (PRC) Municipality on Expropriation and Compensation of Houses on State-owned Land

Article 10 When the state and its authorized departments and units carry out house demolition or expropriation on state-owned land according to law, they shall give appropriate compensation to the demolished or expropriated person according to law, including compensation for house expropriation, relocation subsidy, installation and use fee of property service facilities, compensation for loss of the right to use the property of houses and land (hereinafter referred to as "compensation for the right to use the property of houses") and other related expenses.

Land Management Law of the People's Republic of China

Fifty-seventh changes in land use due to expropriation, occupation and other acts shall be arranged in strict accordance with the requirements of the overall land use planning.

Land Management Law of the People's Republic of China

Article 62 If the state expropriates land according to law, it shall make compensation after the expiration of the land use period in accordance with the agreement on the land use period. Compensation measures and specific standards shall be implemented in accordance with the relevant provisions of the state and the governments of provinces, autonomous regions and municipalities directly under the Central Government.