How long does the land requisition process take?
Procedures for land requisition and demolition:
1. The planning department (Planning Bureau) provides economic and technical indicators such as the location, scope, use nature, planning and management of the land to be demolished and developed; Development enterprises understand the relevant regulatory detailed planning, various economic and technical indicators and related public facilities requirements.
2 land management departments (Bureau of Land and Resources) to tender, auction, listing public transfer of land; Development enterprises obtain land development rights through competition.
3, development enterprises and land departments signed a contract for the transfer of state-owned land use rights.
4. The development enterprise shall apply to the planning department for the site selection of the construction project with the land use right transfer contract, and obtain the "Construction Project Site Selection Opinion".
5, the development enterprise to the housing demolition department put forward the "application for suspension of relevant procedures" freeze application.
6, the development of enterprises to the city and county housing demolition management departments to apply for the "Housing Demolition Permit", the application shall submit the following information:
(a) the approval document of the construction project (that is, the reply of the National Development and Reform Commission);
(2) Construction Land Planning Permit (Planning Bureau);
(three) the approval document of the right to use state-owned land (that is, the approval document of land use);
(four) the demolition plan and demolition plan;
(five) the certificate of the demolition compensation and resettlement funds issued by the financial institution that handles the deposit business.
7. The demolition management department shall conduct a review within 30 days from the date of receiving the application. In line with the conditions, the house demolition permit will be issued, and the announcement of house demolition will be issued, including the demolition person, demolition scope, demolition period and other matters specified in the house demolition permit.
8, issued the "permit for house demolition", announced the "house demolition notice" at the same time, freeze the following acts within the scope of demolition:
(1) Building, expanding and rebuilding houses;
(2) Changing the use of houses and land;
(3) renting a house.
The freezing method is: the competent department decides whether to agree to freeze within 7 days; Agree, notify the relevant departments to suspend the relevant procedures within 7 days, including the planning department (NDRC), planning department, land department, construction department, housing management department and industrial and commercial department. Freezing time limit: the longest time limit shall not exceed 1 year; Upon application, it may be extended, but the extension shall not exceed 1 year.
9. During the period of demolition, if the house to be demolished is not rented, the demolition person and the demolished person shall negotiate the demolition matters (negotiating the compensation method, compensation amount, resettlement housing area, resettlement place, relocation period, relocation transition mode and period, etc.). ); After consultation, both parties signed the Agreement on Compensation and Resettlement for Demolition. If the demolished house has been rented and the lease agreement has not been lifted, the demolisher, the demolished person and the lessee shall negotiate and sign the "Demolition Compensation and Resettlement Agreement".
10. If the demolition parties can't negotiate and sign the Demolition Compensation and Resettlement Agreement, the house demolition management department will make a ruling upon the application of the parties. Housing demolition management department is the demolition, ruled by the government at the same level. The ruling shall be made within 30 days from the date of accepting the application.
1 1. If a party refuses to accept the award, it may bring an administrative lawsuit to the court within 3 months from the date of service of the award. However, as long as the demolition person has given monetary compensation to the demolition person or provided resettlement houses and turnover houses according to the regulations, the execution of demolition will not be stopped during the litigation.
12. If the demolished person or lessee fails to relocate within the relocation period stipulated in the ruling, the people's government of the city or county where the house is located shall instruct the relevant departments to dismantle it or the house demolition management department shall apply to the people's court for dismantling it according to law.
13. After the conclusion of the demolition compensation and resettlement agreement, if the demolished person or lessee has not moved, the demolished person may apply to the Arbitration Commission for arbitration or bring a civil lawsuit to the people's court. During the litigation, you can apply for execution first.
Legal basis: Article 9 of the Measures for the Announcement of Land Requisition. Rural collective economic organizations, rural villagers or other rights holders whose land has been expropriated have different opinions or request a hearing on the compensation and resettlement scheme for land acquisition, and shall submit them to the land administrative departments of the relevant municipal or county people's governments within 10 working days from the date of announcement of the compensation and resettlement scheme for land acquisition.