Who owns the homestead of poor households?

Legal subjectivity:

1. Who owns the homestead for targeted poverty alleviation

According to the provisions of Article 363 of the Civil Code, the homestead The acquisition, exercise and transfer of use rights shall be subject to land management laws and relevant national regulations.

Under normal circumstances, the property rights of the buildings built for targeted poverty alleviation should belong to whoever is helping them. They will not belong to the government. You can also consult the local government or relevant departments on your own. Targeted poverty alleviation is the symmetry of extensive poverty alleviation. It refers to a poverty alleviation method that uses scientific and effective procedures to accurately identify, assist, and manage poverty alleviation targets according to different poverty-stricken regional environments and different conditions of poor rural households. Generally speaking, targeted poverty alleviation is mainly concerned with poor residents, and those who are poor will be supported.

2. Process for handling homestead disputes

(1) First submit a written application to the land management department of the people's government at or above the county level or the people's government at the township level.

(2) Then both parties present the materials and basis for producing evidence.

(3) On-site investigation of materials and evidence collection by staff;

(4) Organizing both parties to mediate and producing a written mediation letter;

(5) If If no agreement is reached during mediation, or if one or both parties renege before the mediation letter is delivered, the land management department shall promptly put forward handling opinions and report to the People's Government for a decision on handling the error.

3. The situation of homestead resumption

For the right to use the following homesteads, the village committee shall apply to the township (town) land management agency, and the county (city) land administration director After department review and approval by the county (city) people's government, the following can be recovered:

(1) Homestead sites that need to be adjusted for the implementation of village and market town planning and reconstruction of old villages;

(2) ) Homesteads that need to be occupied for the construction of public facilities and public welfare undertakings in townships (towns);

(3) Homesteads other than one house for each rural villager;

(4) Homesteads vacated by rural “five-guarantee households”;

(5) Homesteads that have not been used according to the approved purpose for two consecutive years since the date of legal approval;

(6) Other homestead sites that should be recovered as stipulated by the county (city) people's government.

If the right to use the homestead is recovered due to the reasons specified in items (1), (2) and (3) of the previous paragraph, the village committee shall evaluate the original homestead based on the assessed value of the attachments on the ground. The holder of the right to use the base shall be given appropriate compensation.

Generally speaking, the property rights of homestead land for targeted poverty alleviation belong to the objects of poverty alleviation, but the specific details need to be determined by relevant local policies.