1995 what are the provisions and details about land compensation for national immigrants?

Land (land) administrations (offices) of all provinces, autonomous regions and municipalities directly under the Central Government:

The Opinions on Determining Land Ownership issued by the State Bureau of Land Management ([1989] Guo Tu Zi No.73, hereinafter referred to as the Opinions) has played an important role in implementing the land management law, resolving land ownership disputes and promoting land registration. With the deepening and development of land use system reform, it is necessary to enrich and improve this opinion. To this end, on the basis of studying and summarizing the practice of confirming rights in various places and opinions and suggestions from all sides, the bureau revised its opinions into "Several Provisions on Determining Land Ownership and Use Right" in accordance with relevant laws, regulations and policies. Is issued to you, please follow, the original "opinions" shall be repealed at the same time.

March 11th, 1995

Some provisions on determining the ownership and use right of land

Chapter I General Provisions

Article 1 These Provisions are formulated in accordance with relevant laws, regulations and policies for the purpose of determining the ownership and use right of land according to law and carrying out land registration.

Article 2 The ownership and use right of land shall be determined by the people's governments at or above the county level, and the land management department shall undertake it specifically.

Disputes over land ownership shall be handled by the land management department and reported to or approved by the people's government for decision.

Chapter II State Land Ownership

Article 3 The land in the urban area of a city belongs to the state.

Article 4 According to the Land Reform Law of the People's Republic of China of 1950 and relevant regulations, all the land that was not allocated to farmers at that time belonged to the state; 1962 After the implementation of the Revised Draft Regulations on the Work of Rural People's Communes (hereinafter referred to as Article 60), the land not included in the scope of farmers' collectives shall be owned by the state.

Article 5 Land requisitioned for national construction belongs to the state.

Sixth development and utilization of state-owned land, developers enjoy the right to use the land according to law, land ownership still belongs to the state.

Article 7 State-owned railway lines, stations, freight yards and other land reserved according to law belong to the state. The original railway land allocated to farmers during the land reform and the land collectively owned by farmers on both sides of the new railway that has not been requisitioned belong to farmers collectively.

Article 8 Land used for highways at or above the county level (including the county level) belongs to the state. Protective land on both sides of the highway and other land on the highway, the land owned by farmers without expropriation is still owned by farmers collectively.

Article 9 The land for state-owned electric power and communication facilities belongs to the state. However, if the state-owned power communication tower occupies the land collectively owned by farmers and fails to go through the requisition procedures, the land will still be owned by the farmers collectively, and the power communication business unit can determine it as his right.

Article 10 The real estate received by the enemy and puppet troops and the military land requisitioned and allocated with the approval of the people's government after liberation belong to the state.

Article 11 The land in the river dikes and the land outside the dikes, and the land without dikes below the historical maximum flood level or below the design flood level, belong to the state, except that the ownership has been distributed to farmers during the land reform, but it has not been requisitioned by the state and is still used collectively by farmers.

Twelfth at or above the county level (including the county level) directly managed by the water conservancy department of reservoirs, channels and other water conservancy projects belong to the state. Farmers' collective land that has not been requisitioned within the scope of water conservancy project management and protection still belongs to farmers' collective.

Article 13 After the land collectively owned by peasants is resettled and adjusted by the state construction, the original land collectively owned by peasants who have been demolished will be transferred to the state. However, the ownership of the collective-owned land that the original collective continued to use after immigration has not been expropriated by the state.

Article 14 If land is requisitioned for national construction, collective ownership of farmers is revoked or all farmers are turned into non-agricultural population, the land that has not been requisitioned belongs to the state. The original peasant collectives and their members who continue to use the original land enjoy the right to use state-owned land.

Fifteenth units under ownership by the whole people and units under collective ownership in cities and towns are merged into peasant collective enterprises. After going through the relevant formalities, the collectively owned land used by the merged original peasant collective enterprises will be turned into state ownership. Land used by township (town) enterprises in accordance with the examination and approval procedures and compensation standards for land requisition for national construction, which does not belong to the collective ownership of farmers in township (town) villages, shall be turned into state ownership.

Article 16 1962 Before the promulgation of Article 60, the land collectively owned by the former peasants (including the individual land before the cooperative transformation) used by units under ownership by the whole people, urban collective units and overseas Chinese farms under collective ownership has not been collectively owned by the peasants yet, but belongs to the state.

From the promulgation of Article 60 to the promulgation of "Regulations on Land Requisition for National Construction" in May 1982, the land collectively owned by the former peasants used by units under ownership by the whole people and units under collective ownership in cities and towns belongs to the state under any of the following circumstances:

1, sign relevant agreements such as land transfer;

2, approved by the people's governments at or above the county level;

3. Obtained certain labor compensation or resettlement;

4. Accept collective gifts from farmers;

5, has purchased the original collectively owned buildings;

6, farmers' collective ownership of enterprises and institutions into ownership by the whole people or urban collective ownership units.

From1May 1982, when the Regulations on Land Requisition for National Construction was promulgated to1May 1987, when the Land Management Law was implemented, the peasant collective land used by units under ownership by the whole people and units under collective ownership in cities and towns in violation of relevant regulations was determined to be owned by the state after inspection and treatment in accordance with relevant regulations.

If the peasants' collective land outside the above circumstances has not gone through the land acquisition procedures, the local people's governments at or above the county level shall, according to the specific circumstances, go through the land acquisition procedures or return it to the peasants' collective at that time. 1987 after the implementation of the land management law, the collective land illegally occupied by farmers must be dealt with according to law before the land ownership can be determined.

Article 17 1986 Before the promulgation of the Notice of the Central Committee and the State Council on Strengthening Land Management and Stopping Unauthorized Occupation of Cultivated Land, if the land leased by units under ownership by the whole people and units under collective ownership in cities and towns can resume farming after going through the formalities in accordance with relevant regulations, it will be cultivated by farmers collectively, and the ownership still belongs to farmers collectively; If a permanent building has been built, the land-using unit shall go through the formalities in accordance with the regulations when leasing, and the land shall be owned by the state. If it has been handled in accordance with relevant regulations, the ownership and use right can be determined according to the handling decision.

Eighteenth land ownership dispute, it can not be proved that the disputed land belongs to the peasant collective, it belongs to the state.

Chapter III Collective Land Ownership

Nineteenth land allocated to farmers and issued land certificates during land reform belongs to farmers collectively; Article 60 The land determined to be collectively owned in the implementation process belongs to the peasants collectively. Except those owned by the state in accordance with the provisions of Chapter II.

Twentieth village farmers collectively owned land, according to the actual use of village farmers collectively owned land ownership boundaries to determine ownership.

According to the farmers' collective land ownership determined in Article 60, the collective land ownership is determined according to the changed status for the following reasons.

(a) due to changes in the management system and occasions of villages, teams and cooperatives, such as merger or division, the land ownership has changed;

(two) land adjustment due to land development, national land acquisition, collective enterprises or natural disasters;

(three) the boundaries of land ownership redrawn due to farmland capital construction and administrative division changes. Where the change of administrative divisions does not involve the change of land ownership, the original land ownership remains unchanged.

Twenty-first farmers' collective continuous use of land owned by other farmers' collectives for 20 years shall be deemed as owned by the current users; If the land has been used continuously for less than 20 years, or if the owner proposes it to the current user or the relevant department before the expiration of 20 years, the people's government at or above the county level shall determine the land ownership according to the specific circumstances.

Article 22 Roads and water conservancy facilities built and managed by townships (towns) or villages on collectively owned land belong to townships (towns) or rural farmers collectively.

Article 23 The collective land used by township (town) village enterprises and institutions before the promulgation of Article 60 of this Law belongs to the collective ownership of township (town) village farmers; "Article 60" from the date of promulgation to the date of promulgation of 1982 the State Council "Regulations on the Management of Rural Construction Land", in any of the following circumstances, it belongs to the township (town) or village farmers collectively:

1, sign a land use agreement (excluding lease);

2, by the county, township (commune), village (brigade) approval or consent, and appropriate adjustment of land or after some compensation;

3. Obtained through the purchase of houses;

4, the original system of collective enterprises and institutions approved to change.

1982 the State Council's Regulations on the Management of Rural Construction Land was issued. 1987, when the Land Management Law came into effect, the collective land used by township (town) and village-run enterprises and institutions in violation of regulations was investigated and dealt with in accordance with relevant regulations. If the township (town) and village collective units continue to use it, they can be determined as townships (towns) and villages.

Township (town), village-run enterprises and institutions use collective land occupied by other means, or use the above methods, but the current land use is unreasonable, such as waste and idleness. , all or part of the land should be returned to the village or township farmers' collective, or handled according to relevant regulations. 1987 land illegally occupied after the implementation of the land management law shall be disposed of according to law before the ownership is determined.

Twenty-fourth township (town) enterprises to use the land collectively owned by the township (town) village, in accordance with the relevant provisions of compensation and resettlement, land ownership to the township (town) farmers collectively owned. Farmers' collective land used by township (town) and village public facilities and public welfare undertakings approved according to law belongs to township (town) and village farmers' collective ownership respectively.

Twenty-fifth in accordance with the law, if the peasant collectives are approved to jointly operate with other units or individuals with land use rights, or if the peasant collectives are approved to set up foreign-invested enterprises or inline township enterprises with collective land use rights, the collective land ownership will remain unchanged.

Chapter IV Right to Use State-owned Land

Twenty-sixth land use rights are determined to units or individuals with legal personality who directly use the land. Unless otherwise provided by laws, regulations, policies and these Provisions.

Article 27 Land users may determine the right to use state-owned land allocated, transferred, accepted or used by the state in the early days of liberation, or used by transferring, inheriting or accepting buildings on the ground according to law.

Twenty-eighth before the public ownership of land, the use of private land by buying houses or land, leasing land, etc., and continue to use it after it is turned into state ownership, can determine the right to use the state-owned land of the current users.

Twenty-ninth due to the demolition, renovation or natural collapse of the original house, the actual land user has changed, and the land use right can be determined to the actual land user after examination and approval according to law; Land that has not been restored for more than two years after the collapse or demolition of vacant lots and houses shall be recovered by local people's governments at or above the county level.

Thirtieth original religious groups, temples, churches and other places for religious activities, which are occupied by other units, should be returned by the original user because of the resumption of religious activities, and should be returned in accordance with relevant regulations. If it is really impossible to return or the land use right is controversial, the land use right shall be determined after negotiation.

Article 31 The land use right of military facilities (including shooting range, proving ground and training ground) shall be determined according to the land acceptance documents at the beginning of liberation and the documents of the people's government approving the requisition and allocation of land. If the land use right is disputed, the land use right shall be determined according to the relevant documents of the State Council and the Central Military Commission (CMC).

The land use right of military facilities reserved by the state or entrusted by the local government is determined to be used by the army, but now it is used by other units, which can be determined as other rights in accordance with relevant regulations.

The land use right of military facilities revoked with the approval of the state shall be recovered by the local people's governments at or above the county level in accordance with the relevant provisions and the right to use shall be re-determined.

Article 32 If the land for railway lines and other railway facilities that has been expropriated, requisitioned and allocated according to law is still used by the railway unit, the right to use it shall be determined to the railway unit. The protection land on both sides of the railway line subgrade that has obtained the right to use according to law shall be determined to the railway unit.

Article 33 The land for national water conservancy and highway facilities shall be demarcated in accordance with the requisition and allocation documents and relevant laws and regulations.

Article 34 The land used by the administrative management and service units of organs, enterprises and institutions approved by the government may be determined by the land management department after the land use and other restrictions are stipulated by the units stationed. Except renting a house.

Article 35 1982 Before the promulgation of the Regulations on Land Requisition for National Construction in May, the land originally used by railway, highway, water conservancy, electric power, military and other units and individuals has been transferred to other units or individuals, except for those that should be returned according to national laws and policies, the right to use state-owned land can be determined to the actual users. But seriously affect the safety and normal use of the facilities of the above departments, the land use right is not determined for the time being, and the land will be determined after being dealt with according to relevant regulations. 1982 If it is illegally transferred after May, the right to use it shall be determined after being dealt with according to law.

Article 36 The right to use state-owned land collectively used by farmers shall be determined by the people's governments at or above the county level according to the approval and allocation documents; If there is no approval or allocation document, it shall be determined according to the present situation of use after completing the formalities according to the regulations at that time; In the past, the use boundaries were not clearly defined, and they were determined by the people's governments at or above the county level with reference to the actual use of land.

Thirty-seventh state-owned land that has not been used in accordance with the provisions shall be recovered by the people's governments at or above the county level for re-arrangement, or the right to use it shall be determined after being disposed of in accordance with relevant regulations.

Article 38 1987 1 month Before the implementation of the Land Management Law, the land use right can be determined according to the current actual use situation or according to the last allocation or requisition documents.

Article 39 Where a house is jointly built with other units or individuals on the condition of land use right, the land use right shall be determined according to relevant documents, joint construction agreement or investment amount. However, after the promulgation of 1982 "Regulations on Land Requisition for National Construction", the land use right shall be determined after the land transfer procedures are handled according to law.

Fortieth, if the land use right obtained by transfer or transfer is used as an asset after the transfer formalities, the land use right shall be determined to the joint-stock enterprise.

If the state shares at the price of land use right, the land use right shall be determined for joint-stock enterprises.

If the state leases the land use right to a joint-stock enterprise, the land use right shall be determined to the joint-stock enterprise. If the land use right obtained by an enterprise through transfer or allocation is leased to a joint-stock enterprise after completing the transfer formalities, the land use right remains unchanged.

Article 41 After the bankruptcy of an enterprise, the land use right acquired by the enterprise through transfer shall be disposed of according to law and determined to the new assignee; When an enterprise goes bankrupt, the land use right obtained by the enterprise through allocation shall be recovered by the people's government at or above the county level and disposed of according to relevant regulations.

Forty-second merger between legal persons, according to the law should be paid for the land use right, the original land use right holder should go through the relevant procedures, paid for the land use right; If the land use right can be obtained by means of allocation according to law, the land use right can be obtained by registering the change of ownership of allocated land.

Chapter V Right to Use Collective Construction Land

Forty-third township (town) village-run enterprises, institutions and individuals who use collective land of farmers for non-agricultural construction according to law may determine the right to use collective land construction of users according to law. For those who occupy more and use less, the idle part will not be determined and returned to the peasant collective for other arrangements.

Article 44 In accordance with the provisions of Article 25 of these Provisions, farmers' collective land use rights and construction land on collective land shall be designated to joint ventures or joint-stock enterprises.

Article 45 If the homestead used by rural residents for building houses exceeds the area specified by the local government before the promulgation of the Regulations on the Management of Rural Construction Land in the State Council in February 1982, and the land use right of collective construction land has not been demolished, rebuilt or rebuilt after the implementation of the Regulations on the Management of Rural Construction Land, it can be temporarily determined according to the existing actual use area.

Article 46 From the date of promulgation of the Regulations on the Administration of Rural Construction Land in February 1982 to the date of implementation of the Land Administration Law in February/987 1 month, if the area occupied by rural residents exceeds the standard set by the local government, the excess part shall be treated as per1March/986 "The Central Government and the State Council Municipality directly under the Central Government".

Forty-seventh rural residents who meet the requirements of the local government for building houses by households but have not yet been divided into households, and whose existing homestead does not exceed the total area standard for building houses by households, can determine the right to use collective land for construction according to the existing homestead area.

Forty-eighth non-agricultural registered permanent residence residents (including overseas Chinese), on the basis of building houses in rural areas, can determine the right to use construction land on their collective land according to law. If the house is demolished and rebuilt without approval, the land use right shall be recovered by the collective.

Article 49 If the total area of the homestead and the original homestead obtained by accepting the transfer or purchase of houses exceeds the standard set by the local government, and it is allowed to continue to be used after being disposed of in accordance with relevant regulations, the right to use collective construction land may be temporarily determined. The right to use collective land construction can be determined by inheriting the homestead obtained from the house.

Fiftieth non-agricultural construction land and homestead other than rural residents' family homestead shall determine the right to use collective construction land respectively.

Article 51 When determining the collective land use right of rural residents' homestead in accordance with the provisions of Articles 45 to 49 of these Provisions, if the area exceeds the standard set by the local government, the number exceeding the standard area may be indicated on the land registration card and land certificate. In the future, when building houses by households or existing houses are demolished, rebuilt or rebuilt, or when the government implements planning and reconstruction according to law, the right to use will be re-determined according to the area standard stipulated by the local government, and the excess will be owned by the collective.

Fifty-second idle or collapsed houses, demolition of more than two years did not resume the use of homestead, land use rights are uncertain. If the right to use has been determined, it shall be reported by the collective to the people's government at the county level for approval, and its land registration shall be cancelled, and the land shall be recovered by the collective.

Chapter VI Supplementary Provisions

Article 53 If a piece of land is used by two or more units or individuals, it may be recognized that * * * has the right to use the land. * * * The area with land use right can be shared by * * * users.

Article 54 Where land is used in a three-dimensional intersection between the ground and the air, and between the ground and the underground (except buildings), the land use right shall be determined to the ground users, and the air and the underground may be determined as other rights.

If the land is used horizontally, it can be recognized that * * * has the right to use the land; Land use rights can also be determined to the main users or priority users, and secondary and subordinate users can be determined as other rights.

In the above two paragraphs, if the cross-land requisition and allocation is approved according to law, the right to use it can be determined according to the approval documents, and other land-using units can be determined as other rights.

Article 55 The ownership and use right of land within the management and protection scope of railways, highways, rivers, water conservancy projects, military facilities, dangerous goods production and storage areas and scenic spots demarcated according to law shall be determined in accordance with the relevant laws and regulations on land management. However, the use of land within the above scope may be appropriately restricted according to relevant regulations.

Article 56 If the four boundaries on the land ownership or use right certificate are consistent with the field, but the field area is inconsistent with the approved area, the land area shall be calculated according to the four boundaries of the field to determine the ownership or use right of the land.

Article 57 His other rights shall be created in accordance with the provisions of the law or the agreement of the parties. Other rights can be determined at the same time as the land ownership or use right, or they can be added after the land ownership or use right is determined.

Fifty-eighth people's governments at all levels or people's courts have dealt with land ownership disputes according to law, and shall determine the land ownership or use right according to the decision.

Article 59 The State Bureau of Land Management shall be responsible for the interpretation of these Provisions.

Article 60 These Provisions shall come into force as of 1 May 19951day. 1On July 5, 989, the "Several Opinions on Determining Land Ownership" issued by the State Bureau of Land Management was stopped at the same time.