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Is the rural homestead to be recovered now?
legal ground
Article 8 of the Measures for the Administration of Rural Homestead
The ownership of rural villagers' homestead belongs to the collective, and individuals only have the right to use it. No one may transfer or lease it without approval. If it is necessary to adjust the homestead for the transformation of old villages and old cities due to the implementation of town planning, the users of the original homestead shall obey.
Article 15
Under any of the following circumstances, with the approval of the county people's government, the land use right certificate or relevant approval documents may be cancelled, and the village collective may recover the right to use the homestead:
(a) the homestead has not started construction for two years since the date of approval;
(two) when the homestead is submitted for approval, it promises to the village collective to build a new house and demolish the old house without demolishing the old house by itself;
(three) the village that has been approved to implement the transformation of the old village or the migration down the mountain has moved into the original homestead where the new house lives;
(four) obtaining approval or illegally transferring the homestead;
(five) other circumstances in which the right to use the homestead should be recovered.
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