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If it is agricultural land, what procedures need to be obtained from the state to approve land acquisition in this city?

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If it is agricultural land, what procedures need to be obtained from the state to approve land acquisition in this city?


        

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  • 2024-06-14 10:01:43

    If it is agricultural land, what procedures need to be obtained from the state to approve land acquisition in this city? According to the Land Administration Law: Article 43, any unit or individual that needs to use land for construction must apply for the use of state-owned land according to law; However, the use of land collectively owned by farmers of their collective economic organizations for the establishment of township enterprises and the construction of villagers' houses is approved according to law, or the use of land collectively owned by farmers for the construction of public facilities and public welfare undertakings in townships (towns) and villages is approved according to law. The term "State owned land applied for use according to law" as mentioned in the preceding paragraph includes land owned by the State and land originally owned by peasant collectives that is expropriated by the State. Article 44 Where the occupation of land for construction involves the conversion of agricultural land into land for construction purposes, the examination and approval procedures for the conversion of agricultural land shall be gone through. Land occupied by roads, pipeline projects and large-scale infrastructure construction projects approved by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, and construction projects approved by the State Council, involving the conversion of agricultural land into construction land, shall be approved by the State Council. Within the scope of construction land for cities, villages and market towns determined in the general plan for land use, if agricultural land 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 in batches according to the annual plan for land use. Within the approved scope of agricultural land conversion, specific construction project land may be approved by the municipal or county people's governments. Land occupied by construction projects other than those specified in the second and third paragraphs of this article, which involve the conversion of agricultural land into construction land, shall be approved by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. Article 45 The requisition of the following land shall be approved by the State Council: (1) basic farmland; (2) Cultivated land other than basic farmland exceeds 35 hectares; (3) Other land exceeding 70 hectares. The requisition of land other than that specified in the preceding paragraph shall be approved by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and reported to the State Council for the record. Where agricultural land is requisitioned, the examination and approval for the conversion of agricultural land shall be carried out in advance in accordance with the provisions of Article 44 of this Law. Among them, if the agricultural land is used for other purposes with the approval of the State Council, the land requisition approval formalities shall be handled at the same time, and no further land requisition approval shall be handled; If the people's government of a province, autonomous region or municipality directly under the Central Government approves the conversion of agricultural land within the limits of authority for land requisition approval, it shall go through the formalities for land requisition approval at the same time, without going through the formalities for land requisition approval separately. If it exceeds the limits of authority for land requisition approval, it shall go through the formalities for land requisition approval separately in accordance with the provisions of the first paragraph of this article. Article 46 Where the State expropriates land, the local people's government at or above the county level shall make a public announcement and organize the implementation after approval in accordance with legal procedures. The owner and user of the expropriated land shall, within the time limit specified in the announcement, present the land ownership certificate to the land administrative department of the local people's government for land requisition compensation registration. Pay attention to the land requisition application form of the land requisition authority (unit) and the approval documents of the superior authority. The land requisition announcement and the land use right holder shall go to the land administrative department of the local people's government for land requisition compensation registration.

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