Liangzhou District Lawyer
Yushe County Lawyer
Haidong Lawyer
Shinan District Lawyer
Yanling County Lawyer
Lawyer Liyang City.
We know that land is generally owned by the state and collectives, and there is also the special existence of homestead land. In our country, the use of urban land and rural land has a certain number of years, some are 50 years, some are 70 years, but there are some differences between the two, just like the use of homesteads. Today, the editor would like to introduce to you the relevant content of the service life of agricultural land.
1. Agricultural land
Agricultural land is also called agricultural land. Refers to land used directly or indirectly for agricultural production. Including cultivated land, garden land, woodland, grassland, water surface, farmland water conservancy facility land (such as reservoirs, dams, embankments, drainage and irrigation ditches, etc.). ), as well as the land occupied by field roads and all other agricultural production structures. In 1985, the world's agricultural land accounted for approximately 64.7% of the world's total land area (excluding Antarctica); with the development of society and the process of urbanization, this proportion is declining at an alarming rate. The rationality standard for agricultural land utilization is to achieve the unity of environmental, social, economic and ecological benefits, thereby maintaining a virtuous cycle and sustainable utilization.
Second, management style
The land used for production facilities and ancillary facilities is directly used for or serves agricultural production, and its nature is different from non-agricultural construction projects. According to the current land use classification (GB/T
21010-2007), it is managed as agricultural land. For the construction of agricultural facilities, operators should draw up facility construction plans and sign land use agreements with local rural collective economic organizations. If the transfer of land contract management rights is involved, a land transfer contract shall be signed in accordance with the law. If the construction of agricultural facilities occupies agricultural land, there is no need to go through the approval procedures for agricultural land conversion. Among them, if production facilities occupy cultivated land, the operator shall be responsible for returning the cultivated land after production, and it will not be included in the assessment of cultivated land reduction; if ancillary facilities occupy cultivated land, the operator shall be responsible for replenishing the occupied cultivated land in accordance with the "one-to-one" requirement.
3. What is the useful life of agricultural land?
1. The specific lease term of long-term lease of state-owned land shall be stipulated in the lease contract, and the maximum lease term shall not exceed the maximum number of years for the transfer of similar land stipulated by law. At present, there is a reality in our country that a large number of farmers' collective land use rights have been transferred, transferred or leased without authorization for non-agricultural construction.
2. According to current laws, it is still an act strictly restricted by the state. In trial practice, the unauthorized leasing of collective land use rights was also deemed invalid by the court. Therefore, when signing a collective land lease contract to obtain commercial land, you need to proceed with caution and try to avoid corresponding legal risks.
3. The National Land Management Law has very strict restrictions on the leasing of collective construction land, which are specifically reflected in the following provisions: Land use rights owned by farmers' collectives may not be transferred, transferred, or leased for non-agricultural construction; However, enterprises that comply with the overall land use plan and obtain construction land in accordance with the law are exempt from the legal transfer of land use rights due to bankruptcy, mergers, etc.
In summary, laws and regulations regarding land use vary between rural and urban areas. Generally speaking, there are strict institutional regulations on the use of collective land. Failure to comply with laws and regulations does not comply with the provisions of the Land Management Law. Therefore, the useful life of agricultural land is certain, and it varies according to different places and policies. If you want to know other related content, please consult Nanyang Lawyers.
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