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Land disputes over the relocation of immigrants
1, if the party's household registration is not local, it does not belong to the local collective economic organization;
2 non members of the village collective economic organizations, do not enjoy the collective benefit distribution (including compensation for demolition).
3. China's Property Law stipulates that "... arrange the social security expenses of land-expropriated (relocated) farmers, safeguard their lives and safeguard their legitimate rights and interests." ;
4. The parties can specifically consult the person in charge of the village (community) where the account is located or the demolition department where the account is located, subject to the other party's reply.
1. The Property Law of People's Republic of China (PRC) stipulates:
Article 42 Land owned by collectives, houses of units and individuals and other immovable property may be expropriated for the needs of public interests in accordance with the authority and procedures prescribed by law.
Expropriation of collectively owned land shall pay land compensation fees, resettlement subsidies, ground attachments and young crops compensation fees in full according to law, arrange social security fees for land-expropriated farmers, ensure the livelihood of land-expropriated farmers and safeguard their legitimate rights and interests.
The expropriation of houses and other immovable property of units and individuals shall be compensated for demolition according to law, and the legitimate rights and interests of the expropriated person shall be safeguarded; Expropriation of individual houses should also guarantee the living conditions of the expropriated person.
No unit or individual may embezzle, misappropriate, privately divide, withhold or default in collecting compensation fees.
Two, "the Supreme People's Court on the application of legal issues in the trial of cases involving rural land contract disputes" provisions:
Twenty-fourth rural collective economic organizations or villagers' committees and villagers' groups may decide to distribute the land compensation fees received within their collective economic organizations in accordance with the democratic consultation procedures prescribed by law. When the land acquisition compensation and resettlement scheme is determined, it already has the membership of the collective economic organization and requests to pay the corresponding share, which should be supported. However, the local regulations, autonomous regulations, separate regulations and local government regulations that have been reported to the National People's Congress Standing Committee (NPCSC) and the State Council for the record have other provisions on the distribution of land compensation fees within rural collective economic organizations.
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