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What conditions are given by the state to expropriate land for the sake of public interests

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What conditions are given by the state to expropriate land for the sake of public interests


        

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  • 2024-06-15 08:00:46

    The State may, in order to meet the needs of public interests, expropriate or requisition land and make compensation in accordance with the law.
    According to the Land Administration Law, in order to meet the needs of public interests, in one of the following cases, if it is really necessary to expropriate land owned by farmers' collectives, it can be expropriated according to law: (1) land needed for military and diplomatic purposes; (2) Land is needed for infrastructure construction such as energy, transportation, water conservancy, communications and postal services organized and implemented by the government; (3) Land is needed for public utilities such as science and technology, education, culture, health, sports, ecological environment and resource protection, disaster prevention and reduction, cultural relics protection, comprehensive community services, social welfare, municipal public use, preferential treatment and resettlement, and heroic martyr protection organized and implemented by the government; (4) Land is needed for the construction of poverty alleviation relocation and affordable housing projects organized and implemented by the government; (5) Within the scope of land for urban construction defined in the general plan for land use, land is needed for development and construction in large areas organized and implemented by local people's governments at or above the county level with the approval of the people's governments at or above the provincial level; (6) Other circumstances where the law stipulates that the land collectively owned by farmers can be expropriated for the public interest. The construction activities specified in the preceding paragraph shall conform to the national economic and social development plan, the general plan for land use, the urban and rural plan and the special plan; The construction activities specified in Items (4) and (5) shall also be incorporated into the annual plan for national economic and social development; The development of large areas as prescribed in Item (5) shall also meet the standards prescribed by the competent department of natural resources under the State Council.

    Legal basis:

    Article 45 of the Land Administration Law of the People's Republic of China, in order to meet the needs of public interests, under any of the following circumstances, if it is really necessary to expropriate land owned by farmers' collectives, it can be expropriated according to law:

    (1) Land needed for military and diplomatic purposes;

    (2) Land is needed for infrastructure construction such as energy, transportation, water conservancy, communications and postal services organized and implemented by the government;

    (3) Land is needed for public utilities such as science and technology, education, culture, health, sports, ecological environment and resource protection, disaster prevention and reduction, cultural relics protection, comprehensive community services, social welfare, municipal public use, preferential treatment and resettlement, and heroic martyr protection organized and implemented by the government;

    (4) Land is needed for the construction of poverty alleviation relocation and affordable housing projects organized and implemented by the government;

    (5) Within the scope of land for urban construction defined in the general plan for land use, land is needed for development and construction in large areas organized and implemented by local people's governments at or above the county level with the approval of the people's governments at or above the provincial level;

    (6) Other circumstances where the law stipulates that the land collectively owned by farmers can be expropriated for the public interest.

    The construction activities specified in the preceding paragraph shall conform to the national economic and social development plan, the general plan for land use, the urban and rural plan and the special plan; The construction activities specified in Items (4) and (5) shall also be incorporated into the annual plan for national economic and social development; The development of large areas as prescribed in Item (5) shall also meet the standards prescribed by the competent department of natural resources under the State Council.

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