Article 58 of the Land Management Law of the People's Republic of China stipulates that the state may recover the right to use state-owned land in accordance with legal procedures and conditions. When recovering the land use right according to law, it shall be carried out according to the following circumstances: 1, national interests, public interests or the need to recover the land transfer contract; 2, land use changes, need to recover; 3, illegal land use, serious violations, resulting in greater impact, need to recover. The law stipulates that the recovered state-owned land use right must be compensated. Article 60 of the Land Management Law stipulates that the right to use state-owned land for rural collective management construction land shall be compensated according to law, including: 1, and if it has been compensated, it cannot be compensated again; 2. The compensation method should be a combination of monetary compensation and other compensation methods. Reclaimed land must be sold through public bidding or agreement to ensure the rational use of land and fair competition. Article 59 of the Land Management Law stipulates that if the land use right is recovered according to law, the auction, bidding and other disposal procedures shall be started in time in accordance with the relevant provisions of the state, and the land use right shall be transferred to qualified users openly and fairly.
Under what circumstances can the state recover the right to use rural land? The Land Management Law of the People's Republic of China stipulates that the state may take back the right to use rural land because of national interests, social public interests or the need to fulfill the land transfer contract; In the case of land use change and need to be recovered, the land use right can also be recovered; In addition, the illegal use of land has a great impact and needs to be recovered.
According to the Land Management Law, when the state reclaims the land use right, it must make compensation according to law, and the reclaimed land must be sold through public bidding or agreement to ensure the rational use and fair competition of the land. As an ordinary citizen, he should also fully understand the laws and regulations on land management, abide by relevant regulations, and safeguard the legal and orderly utilization of national land resources.
Legal basis:
Article 60 of the Land Administration Law of the People's Republic of China shall be compensated if the state-owned land use right of rural collective construction land is recovered according to law. The compensation methods and standards shall be stipulated by the State Council.