In the production and construction, if the land is damaged due to excavation, subsidence and occupation, the land-using units and individuals shall take rectification measures in accordance with the relevant provisions of the state and restore it to a usable state. If there are no conditions for reclamation or reclamation does not meet the requirements, land reclamation fees shall be paid for land reclamation. The so-called "unconditional reclamation" not only includes the situation that the land-using unit or individual does not have the technology and equipment to reclaim the destroyed land, but also includes the situation that reclamation is very difficult or not worth the loss because of the serious damage to the land. "Reclamation does not meet the requirements" means that the land use after reclamation does not meet the national reclamation standards. Land expropriation is legal. According to the principle of administrative legality, it must comply with the provisions of laws and administrative regulations and follow certain legal procedures. The state compulsorily expropriates other people's land ownership without the consent of the expropriated person.
legal ground
Article 43 of the Land Administration Law of the People's Republic of China, if land is damaged due to excavation, subsidence and occupation, land-using units and individuals shall be responsible for reclamation in accordance with relevant state regulations; If there are no conditions for reclamation or reclamation does not meet the requirements, land reclamation fees shall be paid to be used exclusively for land reclamation. Reclaimed land should be given priority to agriculture.