Who will own the land after the rural river is abandoned?

Some provisions on determining the ownership and use right of land

General rule

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. 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.

State ownership of land

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, communication and 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 certified by the state. Because of the expropriation of land for national construction, the collective ownership of farmers has been revoked or the population has all turned into non-agricultural population, and the land that has not been expropriated 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. Where a unit under ownership by the whole people and a unit under collective ownership in cities and towns annex a peasant collective enterprise, the collectively-owned land used by the merged former peasant collective enterprise shall be transferred to the state after going through the relevant formalities. 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 publication of Article 60 to the publication of the Regulations on Land Requisition for National Construction in May 1982, the land collectively owned by farmers used by units under ownership by the whole people and urban collective ownership belongs to the state in any of the following circumstances: relevant agreements such as land transfer have been signed; Approved by the people's government at or above the county level; The labor force has been compensated or resettled to some extent; Accept collective gifts from farmers; Purchase houses owned by the original collectives; Enterprises and institutions collectively owned by farmers have been transformed into units owned by the whole people or urban collective ownership units. From1May 1982, when the Regulations on Requisition of Land for National Construction was promulgated to1May 1987, when the Land Management Law was implemented, units under ownership by the whole people or units under collective ownership in cities and towns used farmers' collective land in violation of the regulations, and were still used by units under ownership by the whole people or units under collective ownership in cities and towns after being investigated and dealt with according to relevant regulations, it was deemed to be owned by the state. If the peasants' collective land outside the above circumstances has not gone through the formalities of land acquisition, the local people's governments at or above the county level shall go through the formalities of land acquisition according to the specific circumstances and in accordance with the regulations at that time, or return it to the peasants' collective. 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 announcement of the Notice of the Central Committee and the State Council on Strengthening Land Management and Stopping Unauthorized Occupation of Cultivated Land, the land owned by the whole people and collectively owned by cities and towns collectively rented by farmers, which can be recovered after being handled in accordance with relevant regulations, belongs to farmers' collective cultivation, and the ownership still belongs to farmers' collective; If a permanent building has been built, the land-using unit shall go through the formalities according to the regulations at the time of lease.