More and more people are choosing to move their hukou to cities in pursuit of better life and development opportunities. However, for many friends who have moved out of the countryside, a common concern is: after the hukou is moved to the city, will the originally contracted land be recovered? Today, Shi Xining, the chief lawyer of Beijing Jingkang Law Firm, is here to talk to you.
Lawyer's interpretation
Land is an important means of production for peasants and is also their basic livelihood guarantee. Therefore, the state attaches great importance to the protection of rural land contract management rights. According to the provisions of the Law of the People's Republic of China on Rural Land Contracting, the right to contract and manage rural land is a right enjoyed by farmers in accordance with the law, and will not be automatically lost due to the relocation of household registration. However, this does not mean that after the hukou is moved to the city, the peasants can forever retain their original land contract management rights. In fact, it depends on the situation.
For homesteads, it is mainly used for land where farmers live and live. According to the relevant policies, if a farmer moves his hukou to the city, but the houses on the homestead still belong to the farmer, then the farmer can voluntarily choose whether to quit the homestead. If the farmer is willing to quit the homestead, then he can get a certain amount of economic compensation; If the farmer is unwilling to quit the homestead, then he can continue to retain the right to use, but he needs to pay attention to the relevant regulations and management requirements.
In the case of contracted land, the situation is different. Contracted land is the land used by peasants for agricultural production, and their contractual management rights are protected by law. However, if a farmer moves his hukou to the city and no longer engages in agricultural activities, the original contracted land may be at risk of being repossessed.
Specifically, if the farmer no longer needs the contracted land for agricultural production after the migration of his or her hukou, or has found other stable sources of employment and livelihood, then he or she can negotiate with the village collective to return the contracted land to the village collective for redistribution. Of course, when the contracted land is returned, the peasants can receive a certain amount of economic compensation.
It should be noted that even if peasants move their hukou to the cities, they still have the right to operate and manage the contracted land if they still retain the right to contract and manage rural land for a certain period of time. However, if the land is barren or abandoned due to non-operation or poor management for a long time, the village collective has the right to take back or adjust the contracted land.
Therefore, after the hukou is moved to the city, whether the peasants' original contracted land will be recovered should be analyzed according to the specific situation. If farmers still need contracted land for agricultural production activities and are willing to continue to operate and manage the land, then their contractual management rights will not be affected. However, if the farmer no longer needs the contracted land or does not operate and manage the land for a long time, the contracted land may be at risk of being repossessed.
Director Shi reminded
Demolition and relocation is a long-term struggle that requires comprehensive professional knowledge, control of the overall situation, and rational application of the law. Even a lawyer with many years of litigation experience is constantly learning and updating, so that he can calmly analyze and make correct judgments in a case. And for non-law-abiding people, this is a huge subject that cannot be achieved by just a short period of time. Therefore, when encountering any demolition problems, you may wish to ask a lawyer and carry out professional rights protection under the guidance of a lawyer.