Joke Collection Website - Mood Talk - Do village collectives have the right to reclaim farmers' land?
Do village collectives have the right to reclaim farmers' land?
1. Village collectives cannot recover farmers' land without special circumstances. During the normal contract period, the land belongs to the farmers themselves, and the state will not take back the right to use the leased land before the expiration of the service life stipulated in the lease contract. Due to the needs of social public interests, the state can recover the right to use the leased land in advance, but it must do so in accordance with the procedures prescribed by law and give the lessee reasonable compensation.
2. Legal basis: Article 14 of People's Republic of China (PRC) Rural Land Contract Law.
The employer shall enjoy the following rights:
(1) contracting rural land owned by collectives or owned by the state and used by collectives according to law;
(two) to supervise the contractor to use and protect the land reasonably according to the purposes agreed in the contract;
(three) to stop the contractor from destroying the contracted land and agricultural resources;
(4) Other rights stipulated by laws and administrative regulations.
Article 27
During the contract period, the employer shall not recover the contracted land.
The state protects farmers' right to contracted management of land. It is not allowed to withdraw from the contracted management right of land as a condition for farmers to settle in cities.
During the contract period, contracted farmers who settle in the city shall be guided and supported to transfer the contracted land management right within the collective economic organization or return the contracted land to the employer, and may also be encouraged to transfer the land management right.
During the contract period, when the contractor returns the contracted land or the employer takes back the contracted land according to law, the contractor has the right to obtain corresponding compensation for its investment in the contracted land to improve the land production capacity.
Second, does the homestead country have the right to recover it?
The state has the right to take back the homestead, but not at will. For example, if public facilities and public welfare undertakings need land, or change the land use, or move the land to other places where there is no land, the village Committee will report it to the people's government for approval, and then recover the land use right according to law. However, if it is the land within the contract period, the employer cannot recover it, unless the whole family moves into the city and becomes a non-agricultural household registration, or the family members of the contracted land die, then the state has the right to recover it.
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