Land requisition is referred to as "land requisition". The state forcibly expropriates land owned by collectives or individuals for the needs of social public interests and gives certain compensation according to law. In a sense, expropriation is compulsory purchase. The meaning of land expropriation in China is that the state expropriates collectively owned land for economy, culture, national defense construction and social undertakings. Features are as follows:
1. The main body of land expropriation must be the state, and land management organs and people's governments at all levels actually exercise land expropriation rights;
2. Expropriation of land is a state administrative act;
3. Requisition of land is the need of national construction;
4. Land requisition must be based on land compensation;
5. The object of land requisition can only be collectively owned land. Expropriation of land must follow economic laws, implement the principle of land conservation, strictly abide by the examination and approval authority of land expropriation, and give legal economic compensation to farmers whose land has been expropriated.
Article 46 The expropriation of the following land shall be approved by the State Council:
(1) Permanent basic farmland;
(two) more than thirty-five hectares of arable land other than permanent basic farmland;
(3) More than 70 hectares of other land.
Requisition of land other than that specified in the preceding paragraph shall be approved by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. Where agricultural land is requisitioned, the approval procedures for the conversion of agricultural land shall be handled in advance in accordance with the provisions of Article 44 of this Law. Among them, if the agricultural land is converted with the approval of the State Council, the land acquisition approval procedures will be handled at the same time, and the land acquisition approval will not be handled separately; If the people's governments of provinces, autonomous regions and municipalities directly under the Central Government approve the conversion of agricultural land within the scope of land acquisition approval, they shall go through the formalities of land acquisition approval at the same time, and no longer go through the formalities of land acquisition approval separately. Beyond the approval authority of land acquisition, land acquisition approval shall be handled separately in accordance with the provisions of the first paragraph of this article.
Forty-ninth rural collective economic organizations whose land has been expropriated shall announce the revenue and expenditure of land acquisition compensation to the members of the collective economic organizations and accept supervision.
It is forbidden to occupy or misappropriate the land acquisition compensation and other related expenses of the requisitioned land units.