What procedures need to be completed for the municipal government to collect collective land
Lawyer's analysis:
Municipal government's collective land Legal requisition shall be conducted in accordance with a series of legal procedures: First of all, it is necessary to go through the approval procedures for the conversion of agricultural land, which is the legal basis for land acquisition; Secondly, the expropriation compensation scheme should be carefully planned and drawn up to ensure that all affected people are treated fairly and all factors are considered comprehensively; In addition, the government also needs to earnestly fulfill its commitment to pay reasonable and comprehensive economic compensation to the individuals or enterprises affected by the expropriation; In addition, it is also necessary to implement land acquisition in accordance with specialized legal processes. When the compensation for land acquisition is lower than the statutory standard, it will damage the rights and interests of the affected people. At this time, the expropriated people have the right to safeguard their own rights and interests, and can propose the following measures: First, seek government negotiation. In most cases, when it is found that the relevant parties do have violations, they can choose to negotiate and communicate with them to solve possible misunderstandings, thus saving each other's time and energy costs; Second, apply to the government for a ruling in accordance with legal channels. If due to Land acquisition If there is a dispute with the developer and relevant government departments and the conflict cannot be resolved through self negotiation, you can choose to request the government to make a fair and just ruling; Finally, it can also be filed in the people's court litigation To safeguard rights according to law and submit relevant documents evidence , such as local land management statute And determined by the other party Compensation for land acquisition Scheme, etc.
Legal basis:
Article 44 of the Land Administration Law of the People's Republic of China
If the land occupied for construction involves the conversion of agricultural land to construction land, the examination and approval procedures for the conversion of agricultural land shall be gone through.
The conversion of permanent basic farmland into construction land shall be approved by the State Council.
Within the scope of construction land for cities, villages and market towns as determined in the general plan for land use, if agricultural land other than permanent basic farmland is converted into construction land for the purpose of implementing the plan, it shall be approved by the organ that originally approved the general plan for land use or the organ authorized by it according to the annual plan for land use in batches according to the provisions of the State Council. Within the approved scope of agricultural land conversion, specific construction project land may be approved by the municipal or county people's governments.
The conversion of agricultural land other than permanent basic farmland into construction land outside the scope of construction land for cities, villages and market towns as determined in the general plan for land use shall be approved by the State Council or the people's governments of provinces, autonomous regions and municipalities directly under the Central Government authorized by the State Council.
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