Joke Collection Website - Joke collection - The village collective can recover the land use right.
The village collective can recover the land use right.
1. If villagers have abandoned cultivated land for two consecutive years, the village committee may recover the contracted land;
2. If the contractor's family moves into the city divided into districts and turns into non-agricultural registered permanent residence, the employer may recover the contracted land; After the second round of land contracting, some household contractors in the village collective moved, some moved to small towns, some moved to big cities, some moved their hukou to non-agriculture, some just moved but their hukou did not move, some moved their homes, and some only moved some members. In this case, the village collective can recover the land use right.
The steps and processes of land ownership are as follows:
1, apply. The building applicant holds a report signed by more than 2/3 farmers of the villagers' group and submits a building application to the local villagers' building council;
2. Villagers' group evaluation: The villagers' building council and villagers' committee shall hold a joint meeting for discussion within 7 working days. After discussion and approval, the basic information such as the applicant's existing housing area, household registration, land use reasons, land occupation type, land area, planning situation, four areas, and whether the ownership is controversial will be posted in the villagers' group where the applicant is located;
3, the Township People's government audit. The Township People's Government shall, after receiving the application form for approval of rural villagers' building submitted by the village committee, arrange the staff of the township (street) village planning and construction management office and the land and resources management office to conduct on-site investigation within 7 working days;
4. Issue certificates. With the consent of the Township People's Government (street office) to build a house, the township (street) village planning and construction management office and the land and resources management office shall notify the applicant to receive the rural construction planning permit (copy) and the approval letter for construction land within 7 working days, and receive the general standard design drawings;
5. Post. After the rural homestead is approved according to law, the Township People's Government (street office) will notify the villagers' group where the applicant is located of the examination and approval results, and the villagers' group shall publish the examination and approval results within 3 days from the date of receiving the notice for a period of 5 days;
6. Setting-out construction: The construction unit shall apply for setting-out to the township (street) village planning and construction management office and the land and resources management office 7 days before the start of construction. After the pay-off, the township (street) village planning and construction management department should organize the construction personnel to conduct on-site training and guidance on the room type renderings and design drawings, and strengthen the supervision and management of construction quality and safety and daily inspection in the process of rural villagers building houses;
7. Completion acceptance and registration and certification: After the houses under construction in rural areas are completed, they shall apply to the township people's government (street offices) for completion acceptance. The Township People's Government (street office) shall, within 7 working days, arrange the relevant leaders of the township (street), the staff of the village planning and construction management office and the land and resources management office, the village committee, the villagers' building council and other personnel to conduct on-the-spot acceptance.
Legal basis: Article 62 of the Land Administration Law of the People's Republic of China.
Rural villagers can only own one homestead, and the area of the homestead shall not exceed the standards set by provinces, autonomous regions and municipalities directly under the central government.
In areas where per capita land is small and it is impossible to guarantee one household and one house, the people's government at the county level can take measures to ensure that rural villagers live in houses on the basis of fully respecting the wishes of rural villagers and in accordance with the standards stipulated by provinces, autonomous regions and municipalities directly under the Central Government.
Rural villagers building houses shall conform to the overall land use planning and township (town) village planning, and shall not occupy permanent basic farmland, and try to use the original homestead and village parents. The overall land use planning and village planning of townships (towns) shall make overall planning and reasonable arrangement of homestead, and improve the living environment and conditions of rural villagers.
Rural residential land, approved by the township (town) people's government; Among them, those involving the occupation of agricultural land shall go through the examination and approval procedures in accordance with the provisions of Article 44 of this Law.
After the rural villagers sell, rent or donate their houses, they will not be approved if they apply for the homestead again.
The state allows rural villagers who have settled in cities to voluntarily withdraw from their homesteads with compensation according to law, and encourages rural collective economic organizations and their members to actively use idle homesteads and idle houses.
The competent department of agriculture and rural areas in the State Council is responsible for the reform and management of rural housing sites throughout the country.
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