Does the deceased have the right to enjoy the land compensation in full before the distribution of land compensation after land acquisition?

With the advancement of urbanization, there are more and more disputes about the distribution of land acquisition compensation. Before the allocation of land acquisition compensation, it is a common dispute whether married women or the deceased are entitled to full land compensation. This paper mainly discusses the latter situation.

I. Causes of the dispute

After the land acquisition, the plaintiff's father died before the villagers' group collectively decided to distribute the compensation for land acquisition. When discussing the specific distribution scheme of land acquisition compensation, the villagers' group made a resolution to refuse to pay the down payment of land acquisition compensation to the plaintiff's father, which triggered a lawsuit. The core problem of this case is to determine the time node of the object of land acquisition compensation.

Second, the relevant provisions of the compensation time node for land acquisition and demolition.

1. Take the date of land requisition announcement as the node. The first paragraph of Article 11 of the Land Management Law stipulates: "The resettlement target of the land-expropriated personnel is the permanent agricultural population registered by the public security department and enjoying the rural collective land contracting right on the date when the government issues the land expropriation announcement." Moreover, the third paragraph of Article 12 stipulates that those who die before the date of land requisition announcement shall not enjoy compensation and resettlement. According to the above provisions, the permanent agricultural population registered by the public security department on the date of land acquisition announcement and enjoying the right to contract rural collective land shall enjoy compensation for land acquisition and resettlement; People who die after the release date also have the right.

2. Take the time determined in the land acquisition compensation and resettlement plan as the node. Article 24 of the Supreme People's Court's Interpretation on Applicable Legal Issues in the Trial of Rural Land Contract Disputes (hereinafter referred to as the Judicial Interpretation of the Supreme Law on Rural Land Contract Cases) stipulates: "Rural collective economic organizations or villagers' committees and villagers' groups may decide to distribute the land compensation fees they receive within their collective economic organizations in accordance with the democratic consultation procedures prescribed by law. When the land acquisition compensation and resettlement plan is determined, it already has the membership of this collective economic organization and requests to pay the corresponding share, which should be supported. " According to the third paragraph of Article 25 of the Regulations on the Implementation of the Land Management Law, the main body of the land acquisition compensation and resettlement scheme is the land administrative department of the people's government of the city or county. Therefore, whether to enjoy the compensation and resettlement for land acquisition is another time node, which is based on the time when the land administrative department of the people's government of the city or county draws up the compensation and resettlement plan for land acquisition, rather than on the time when the collective villagers' group of the land-expropriated rural areas makes a democratic resolution to allocate land compensation.

3, the provincial and municipal government documents.

For major projects, provincial and municipal governments usually issue special documents to determine the resettlement targets at a certain point in time.

Three, each resettlement object has the right to enjoy full resettlement compensation.

? ? Resettlement object refers to those who are eligible for resettlement compensation according to relevant regulations, and there is no qualification difference. They have the right to enjoy the same economic treatment as other villagers in the distribution of land acquisition compensation, and have the right to demand full compensation for land expropriation.

? Four. conclusion

In this case, the plaintiff's father died after land acquisition. In other words, the plaintiff's father was still alive when the announcement of land acquisition and the compensation and resettlement plan for land acquisition were issued. According to the regulations, the plaintiff's father should be the object of resettlement. The villagers' group refused to pay the head part of its compensation on the grounds that it was discussed and decided by the villagers. Villagers' groups should treat everyone who is eligible for resettlement equally when distributing land compensation, and have no right to decide which one has the right to share and which one has no right to share; Nor have the right to decide which points are less and which points are more. Therefore, the villagers' group in this case should make up for the population part of the undistributed compensation for land acquisition by the plaintiff's father.

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