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How to recover the leased collective land
1 Study the lease contract carefully to see if it is effective. If the original contract violates the relevant national laws, the original contract is invalid, which is also a way to cancel the contract and recover the land. such as
Article 15 of the Land and Land Management Law of People's Republic of China (PRC) stipulates: "... if the land collectively owned by peasants is contracted by units or individuals other than the collective economic organizations, it must be agreed by more than two-thirds of the members of the villagers' meeting or more than two-thirds of the villagers' representatives, and reported to the township (town) people's government for approval." Violation of this article also violates the land management law.
2. Carefully analyze the termination conditions in the original contract, create and apply the termination conditions of the contract terms, and thus terminate the contract.
The contract can also be terminated by mutual consent. As the land is idle at present, we can negotiate with the town government a way to terminate the contract, such as appropriate compensation or joint venture.
4. Reflect to the superior department and request the superior department to coordinate and solve it.
The answer upstairs does not strictly distinguish between the use of state-owned land and collective land, but there is a time limit for idle land, and policies in various regions have provisions. We can study the use of land recovery, but try not to take the road of litigation. This way is too tiring, and the chances of ordinary people winning are never great.
Attachment: Land Management Law of the People's Republic of China
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