Land requisition scope of Hanggin Qi uranium mine

The scope of land acquisition involves five villages: Sharizhao Gacha, Tugeli Gacha, Chagan Bula Gacha, Ergedanwan Village and Longmaoying Village in Duguitala Town of Hangjinqi. The specific land acquisition area, land type and boundary address shall be subject to the confirmation of ownership area (or survey report).

First, the announcement of land expropriation means the beginning of land expropriation. In practice, some local governments sometimes issue land requisition notices. Whether it is a land requisition notice or a land requisition announcement, to a certain extent, it means the beginning of the government's organization and implementation of land requisition. At this time, as a expropriated person, you should consult a lawyer to protect your rights.

Second, in the process of land expropriation, the land departments of some local cities and counties failed to investigate and register the attachments and young crops of the expropriated people, nor did they draw up a book and four drawings according to the requirements of the examination and approval authorities for examination and approval materials, and submitted them to the authorities with the examination and approval authority for examination and approval, failing to protect the rights of hearing, confirmation and information of the expropriated people according to law, which seriously violated the procedures.

Third, signing a land acquisition agreement is not a necessary procedure for expropriation of collective land. In practice, some governments and their departments often cheat and seduce the parties by signing agreements, especially blank agreements, and advocate the legalization of land acquisition. This is a seriously wrong view. Land expropriation agreement cannot replace the collective land expropriation system. When signing a similar agreement, the expropriated person must read the agreement carefully and consult a lawyer if necessary.

Fourthly, it is the key and core of collective land expropriation to obtain the approval of land expropriation made by the people's government (provincial people's government or the State Council). In the process of collective land expropriation, the key is the examination and approval of land expropriation. Some local governments and their departments regard the land requisition approval materials as the basis for the final legal land requisition, which obviously has no legal basis and is a serious mistake. Land requisition approval and land requisition approval materials are two different issues.

I. Land acquisition procedures

1, agricultural land conversion and land requisition must conform to the overall land use planning, the overall urban construction planning and the annual land use plan. Therefore, after the initial selection of an agricultural land as construction land, the land-using unit should first consult the Land and Resources Bureau, the construction department and the planning department to see whether it conforms to the various plans of the agricultural land.

2, confirm that agricultural land can be used for construction, and then according to the requirements of the construction department, carry out and compile the feasibility demonstration of the construction project, put forward an application for land use to the construction department, and the construction department will issue the "Site Selection Opinion" for the construction project if it meets the requirements. Land units should pay site selection fees according to regulations.

3, land units to the "site submissions" to the same level of land and resources bureau to apply for pre-trial, by the land and resources bureau issued a "construction project land pre-trial report".

4 land units with the pre-trial report of construction projects for project establishment, planning and environmental protection licensing procedures, and pay the examination and approval fees.

5. The land-using unit shall submit a formal application for land use for the project to the original pre-trial Bureau of Land and Resources with the above-mentioned approval documents.

6. According to the overall planning of land use, the overall planning of urban construction and the annual plan of land use, the Bureau of Land and Resources has worked out plans for agricultural land conversion, supplementary cultivated land, land requisition and land supply in different categories, which have been approved by the people's governments at all levels.

7. The Bureau of Land and Resources is specifically responsible for the owners and users of requisitioned agricultural land, signing compensation and resettlement agreements, and handling land acquisition procedures.

8. According to the approved land supply plan, the Bureau of Land and Resources, after completing the compensation and resettlement subsidy for land acquisition, will issue the land use approval document and the approval letter for construction land to the land-using unit, and the land-expropriated unit will hand over the land within the prescribed time limit.

9. After the land is handed over by the requisitioned unit, the land becomes state-owned land, and the Bureau of Land and Resources signs a contract for the paid use of state-owned land (transferring land for supply) or issues an allocation decision to land users (allocating land for supply). Land units should pay the transfer fee as agreed.

10. Only after signing the transfer contract and paying the fees as agreed, can the land-using unit truly obtain the land use right, and can the land-using unit go through the relevant examination and approval procedures for construction projects.

1 1. The transfer of the land use right by the land-using unit must conform to the provisions of the state on the transfer of land and the stipulations of the state-owned land use right transfer contract. When transferring the right to use state-owned land, the prescribed planning and design conditions shall not be changed. After obtaining the construction land by means of transfer, the transferee shall apply to the competent department of urban and rural planning administration for the renewal of the construction land planning permit with the "contract for the transfer of the right to use state-owned land" and the construction land planning permit of the original transfer plot.

Second, the compensation standard for land acquisition

1. The draft amendment to the land law clearly stipulates that rural villagers' houses shall be compensated separately. The draft stipulates that the specific measures for compensation and resettlement of land collectively owned by farmers shall be formulated by the State Council. According to the specific measures formulated by the State Council, provinces, autonomous regions and municipalities directly under the Central Government may stipulate specific compensation and resettlement standards.

2. Compensation should be made before land acquisition, and the draft amendment to the land law will cancel the upper limit of 30 times.

3. It is clear that land acquisition should be compensated according to the market price. According to the draft, the compensation for land expropriation is no longer calculated according to the previous land output value. Land compensation standards not only consider the annual output value of the original use, but also comprehensively consider many factors such as land location, supply and demand, economic and social development level, especially the social security of landless farmers. Compensation for buildings and attachments on the ground should follow the market principle. The ultimate goal of compensation is to ensure that the original life of landless farmers is improved and their long-term livelihood is guaranteed.

4. The draft changes the content of compensation from three to five. On the basis of the current land compensation fee, resettlement fee and compensation fee for young crops attached to the ground, houses and attached objects on the ground are listed separately, and social security compensation is added.

5. In terms of housing security. In the urban planning area, land-expropriated farmers provide houses on state-owned land, and monetary compensation is given at the market price if they cannot provide them; Outside the urban planning area, arrange the homestead to rebuild housing, and compensate according to the cost of new housing.

6. Social security. The social security subsidy funds will be added to the compensation funds and credited to the personal accounts of the old-age insurance for landless farmers.

legal ground

Land Management Law of the People's Republic of China

Article 2 The following land belongs to the whole people, that is, the state:

(1) Urban land;

(2) Land that has been expropriated, requisitioned or acquired as state-owned in rural areas and urban suburbs according to law;

(3) Land requisitioned by the state according to law;

(4) Woodlands, grasslands, wasteland, beaches and other lands that are not owned by collectives according to law;

(five) all the members of the rural collective economic organizations are turned into urban residents, and the land originally owned by its members collectively;

(6) Due to national migration, natural disasters and other reasons, after the collective organized land migration of farmers, the land that was originally owned by the relocated farmers and no longer used.

Forty-eighth land acquisition should be given fair and reasonable compensation to ensure that the original living standards of landless farmers are not reduced and their long-term livelihood is guaranteed.

Land requisition shall pay land compensation fees, resettlement subsidies and compensation fees for rural villagers' houses, other ground attachments and young crops on time and in full according to law, and arrange social security fees for landless farmers.

The standards of land compensation and resettlement subsidies for requisitioning agricultural land shall be determined by the provinces, autonomous regions and municipalities directly under the Central Government through the formulation and publication of comprehensive land prices in the region. The formulation of regional comprehensive land price should comprehensively consider the original land use, land resource conditions, land output value, land location, land supply and demand, population and economic and social development level and other factors, and be adjusted or re-published at least once every three years.

Compensation standards for expropriation of agricultural land, ground attachments and land other than young crops shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government. In accordance with the principle of compensation before relocation and improvement of living conditions, fair and reasonable compensation shall be given to rural villagers' houses, and the wishes of rural villagers shall be respected. Fair and reasonable compensation shall be given by rearranging housing sites, providing resettlement houses or monetary compensation, and compensation shall be paid for relocation and temporary resettlement expenses caused by expropriation, so as to protect rural villagers' right to live and legitimate property rights and interests.

The local people's governments at or above the county level shall incorporate the land-expropriated farmers into the corresponding social security system such as providing for the aged. The social security expenses of landless peasants are mainly used for social insurance payment subsidies such as endowment insurance for eligible landless peasants. Measures for the collection, management and use of social security fees for landless farmers shall be formulated by provinces, autonomous regions and municipalities directly under the central government.