Joke Collection Website - Mood Talk - Does the right to use the wasteland developed by oneself belong to the individual?
Does the right to use the wasteland developed by oneself belong to the individual?
In real life, there are many people who reclaim wasteland, but very few of them get permission from the village collective and follow relevant procedures. The reclaimed wasteland in many places is developed privately, and many people think that they reclaim it. The wasteland belongs to oneself. Is this really the case? Does the ownership of wasteland that has been cultivated for 20 years belong to individuals? What is the law?
According to Article 8 of the Land Management Law, land in urban areas belongs to the state. Land in rural areas and urban suburbs, except for the state-owned land as stipulated by law, is collectively owned by farmers; homesteads, private land, and private hills are collectively owned by farmers. It can be seen from the above that land in our country is divided into two types: state-owned and farmers' collective-owned, and individuals have no ownership. Rural wasteland is collectively owned by farmers and does not belong to individuals.
In real life, there are indeed many cases of privately reclaiming wasteland and cultivating it for decades, and national policies also support this. For example, on June 1, 1996, the "Notice on Managing and Developing the "Four Wildernesses" Resources in Rural Areas to Further Strengthen Soil and Water Conservation" issued by the General Office of the State Council clearly stated: "The policy of who governs, manages and protects the Four Wildernesses, and who benefits is implemented. The fruits, trees, grass and products grown on the "four wasteland" lands that have been managed and developed belong to the managers, and the ownership of the newly added land belongs to the collective. Within the period specified in the agreement, the managers have the right to use it and enjoy relevant state preferential treatment. Policy. "But after all, the ownership rights of the land reclaimed by farmers belong to the farmers' collective. If the collective organization or relevant departments have other plans or uses, the land reclaimed by farmers will be taken back.
According to Chinese laws, land expropriation compensation fees include: land compensation fees, resettlement subsidies, and compensation fees for ground attachments and young crops. Because wasteland is collectively owned by farmers, if it is expropriated, the land compensation fee will belong to the collective, but the compensation fee for ground attachments and young crops will belong to the farmers.
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