What is the nature of railway land?

From the perspective of utilization types, railway land belongs to construction land.

Railway land refers to railway lines, light rail and station land. Including the design of embankment, cutting, ditch, bridge, woodland and other land. Railway land is an important foundation for railway transportation production, an important condition for maintaining railway transportation safety, an important asset for railway operation and an important capital for railway reform and development.

Railway land belongs to the land ownership of the State Transportation Bureau. In order to obtain the right to development and land use, all construction companies that can be developed must auction the land by the Ministry of Railways, pay the land transfer fee, go to the local railway land planning and management center for railway land planning and design, and report to the State Transportation Bureau for approval.

Specifically, railway land has the following characteristics:

1. Natural features

Railway land is basically distributed in beads all over the country along railway lines, stations and other facilities. There are many points, long lines, wide areas and uneven distribution, and they frequently cross local administrative divisions, which is crucial. Railways extend in all directions, and the railway land is mainly in a "strip" layout, criss-crossing, spanning provinces, cities and villages, covering a very wide area, not limited by the boundaries of provinces, cities and counties, which is a feature that no factory, mine, city (county) has.

2. Economic characteristics

First, the source is low or free. Free and low price of railway land should be the basic value orientation of government land policy. Railway is the traffic artery of national economy. In recent years, the continuous shortage of railway transport capacity has had a great impact on the development of China's national economy. Vigorously developing railways is the basic policy at present and for a long time to come. Railway land is the most basic investment in developing railways. So far, the state has been implementing the policy of railway land allocation under the guidance of public welfare. Most of the railway land belongs to allocated land, and the railway mainly bears the compensation and resettlement expenses for land acquisition, with relatively low expenditure. Second, intangible assets belonging to railway enterprises. Railway enterprises only enjoy the state-owned land use right of railway land, but the land use right has no physical form. Therefore, in terms of asset category, railway land should belong to the category of intangible assets. Its value is usually shown when the right to use railway land is transferred, leased, mortgaged, priced and invested.

3. Legal characteristics

Railway land is state-owned land that has obtained the right to use according to law. Whether it is the original railway land expropriated by the state at the time of the founding of the People's Republic of China, the land reserved by the state after the founding of the People's Republic of China, or the land expropriated and allocated by the state, it belongs to the state. The state grants the right to use land to railway enterprises through land reservation and allocation. Its legal certificate is the land use right certificate issued by the national land management department to railway enterprises according to law.

4. Railway land belongs to special land.

First, from the source, railway land is a special land provided by the state for railway use in the form of administrative allocation according to the nature and function of railways. As an integral part of transportation facilities; It is the basic condition and element of railway transportation production. Secondly, from the perspective of utilization types, railway land belongs to construction land, which has the characteristics of non-cultivation and spatiality. The so-called non-cultivated land means that construction land is land with bearing function and non-output function. Some agricultural land or unused land with poor agricultural production capacity may also become good construction land. This means that when there is a contradiction between construction land and agricultural land, priority should be given to land with high parenting function for agricultural production. This is also the reason why China's laws stipulate the protection of cultivated land. The so-called spatiality means that in order to obtain more bearing space and engineering foothold, the construction land can not only be used horizontally, but also be multi-storey, high-rise or underground.

5. Always take safety as the first goal.

Railway transportation safety is the eternal theme of railway management. Railway land management must focus on and adapt to this theme and put safety in the first place. As the top priority of all work, railway land asset management must also meet this requirement first. Railway land is an integral part of the assets of railway enterprises, and how to give full play to the benefits of this part of assets is one of the basic problems considered by railway land management departments.

legal ground

Measures for the Administration of Railway Land Article 3 Railway land is owned by the state, used and managed by railway departments and protected by state laws.

Article 4 Railway land refers to the land that the railway department has obtained the right to use according to law, including land for transportation and production, land for auxiliary production, land for living facilities and other land reserved for requisition (allocation).

Temporary railway land refers to the construction land, materials and machinery yard land, simple road and temporary line land, spoil ground and so on, which will be used in the short term (three years) according to the needs of railway construction.

Land Management Law of the People's Republic of China

Article 4 The State practices a land use control system.

The state formulates the overall land use planning, defines the land use, and divides the land into agricultural land, construction land and unused land. Strictly restrict the conversion of agricultural land into construction land, control the total amount of construction land, and implement special protection for cultivated land.

The agricultural land mentioned in the preceding paragraph refers to the land directly used for agricultural production, including cultivated land, woodland, grassland, farmland water conservancy land and aquaculture water surface. Construction land refers to the land for building buildings and structures, including urban and rural housing and public facilities, industrial and mining land, transportation and water conservancy facilities, tourism land and military facilities; Unused land refers to land other than agricultural land and construction land.

Units and individuals using land must use the land in strict accordance with the purposes determined in the overall land use planning.