taiyuan city land reserve measures for its implementation

Chapter I General Provisions Article 1 These Measures are formulated in accordance with the Land Administration Law of the People's Republic of China, Measures of Shanxi Province for Implementing the Land Administration Law of the People's Republic of China, Provisions of Taiyuan Municipality on Land Administration and relevant laws and regulations, and in combination with the actual situation of this Municipality. Article 2 These Measures shall apply to the state-owned land reserve work within the urban area of this Municipality. Article 3 The term "land reserve" as mentioned in these Measures refers to the state-owned land obtained by the government through recovery, acquisition, replacement and requisition (hereinafter referred to as acquisition) in accordance with the provisions of laws, regulations and legal procedures, and the preliminary consolidation or development of land resources according to land use and overall urban planning. Article 4 Taiyuan Land Reserve Center is entrusted by the municipal government, and under the guidance and supervision of Taiyuan Land Reserve Management Committee, it carries out the preliminary work of land acquisition, reserve and transfer on behalf of the government. Fifth city land reserve center shall, according to the adjustment of industrial structure, urban construction planning and the actual situation of land, formulate a land reserve plan, and organize the implementation after the approval of the Municipal Land Reserve Management Committee. Sixth collectively owned land needs to be retained, and land acquisition procedures must be handled according to law. Seventh city planning, economy, finance and trade, urban construction, planning, finance, real estate, land and other administrative departments shall, according to their respective responsibilities, do a good job in land reserve. Chapter II Acquisition and Reserve Article 8 The land reserve shall be subject to a forecasting system. Where the right to use state-owned land meets the reserve conditions stipulated in these Measures, the land-using unit, individual or its competent department shall report to the Municipal Land Reserve Center in advance. Article 9 The following state-owned land shall be purchased and reserved:

(a) the land use right obtained by means of transfer cannot be developed and does not have the conditions for transfer;

(two) urban planning and land consolidation need to be adjusted;

(three) the right to use the application for the return of the right to use;

(four) the right to use the urban area is unknown;

(5) Requisitioned by the government;

(six) the term of use has expired and has been recovered;

(seven) barren, idle is recovered;

(eight) illegal occupation, illegal transfer and illegal approval;

(nine) the unit is adjusted due to relocation, dissolution, revocation, bankruptcy, industrial restructuring and other reasons;

(ten) other state-owned land as prescribed by laws and regulations. Tenth land with unknown right to use, land requisitioned by the government and land confiscated and recovered according to law shall be directly reserved by the Municipal Land Reserve Center.

In addition to the provisions of the preceding paragraph, the land that needs to be reserved shall be acquired by the Municipal Land Reserve Center in accordance with the provisions of these Measures. Eleventh general procedures for land acquisition:

(1) Apply for acquisition. If the state-owned land meets the conditions for land acquisition stipulated in these Measures, the land use right holder shall apply to the Municipal Land Reserve Center for acquisition with relevant information.

(2) Ownership verification. City Land Reserve Center conducts on-the-spot investigation and audit on the ownership, land area, area, scope and land use of the land and above-ground real estate provided by the applicant.

(3) soliciting opinions. City land reserve center according to the applicant's application and the actual investigation, solicit opinions from the city planning department.

(4) Cost calculation. According to the results of investigation and consultation, the Municipal Land Reserve Center shall, jointly with relevant departments, calculate and evaluate the compensation expenses for land acquisition; The implementation of land replacement, to carry out the corresponding land cost calculation.

(5) The plan is submitted for approval. City land reserve center according to the land ownership survey, collection

The calculation results of the acquisition cost, put forward a specific land acquisition plan, and report it to the municipal land administrative department for approval; Among them, the purchase and reserve plan of special plots must be approved by the Municipal Land Reserve Management Committee.

(6) sign a contract. After the approval of the acquisition plan, the Municipal Land Reserve Center and the original land use right holder signed the "State-owned land use right acquisition contract".

(7) Compensation for acquisition. The Municipal Land Reserve Center shall pay the land acquisition compensation fee to the original land use right holder according to the amount, time limit and method agreed in the "State-owned land use right acquisition contract"; Land replacement, land replacement price settlement.

(8) change of ownership. City land reserve center according to the "state-owned land use right acquisition contract" agreed to pay the purchase bond, the original land use right holder and the city land reserve center ×××× to the city land administrative departments and real estate management departments to apply for registration of ownership change.

(9) Delivery of land. According to the time limit and method agreed in the contract, the original land use right holder will deliver the acquired land and above-ground buildings to the Municipal Land Reserve Center. Twelfth land use rights to apply for land acquisition, shall provide the following information:

(1) An application for land requisition;

(2) the qualification certificate of the legal representative;

(3) Power of attorney;

(4) Business license;

(5) Certificate of land use right;

(6) Property ownership certificate;

(7) Land plan;

(eight) the opinions of the competent department;

(9) Other materials that need to be submitted. Thirteenth "state-owned land use right acquisition contract" shall include the following contents:

(a) the location, area, use and ownership of the expropriated land;

(2) land acquisition compensation and its payment method and time limit;

(three) the time limit and method of land delivery;

(4) Other rights and obligations agreed by both parties;

(5) Liability for breach of contract;

(6) Handling of disputes.