What changes have taken place after the new Land Management Law is implemented in 2022? Attached with detailed rules

Since the new Land Management Law was implemented in 2022, how have the expropriation procedures been refined and adjusted? Let’s take a look at the current situation summary.

Current status of the new land management law after its implementation in 2022

1. Follow the basic principle of starting with the old entity and starting with the new procedure

According to Article 3 of the Minutes of the Symposium on the Application of Legal Norms in the Trial of Administrative Cases (Fa [2004] No. 96), if the administrative counterparty's behavior occurred before the implementation of the new law, and the specific administrative behavior was made after the implementation of the new law, when the people's court examines the legality of the specific administrative behavior, the substantive issues shall be subject to the provisions of the old law, and the procedural issues shall be subject to the provisions of the new law, except in the following circumstances:

(1) Where otherwise provided by laws, regulations or rules;

(2) The application of the new law is more conducive to protecting the legitimate rights and interests of administrative counterparts;

(3) The substantive provisions of the new law should be applied according to the nature of the specific administrative act.

However, if a specific administrative act is made before the new law comes into effect, even procedural matters such as whether the public announcement procedure is legal should be subject to the newly effective "Land Administration Law Implementation Regulations."

2. The land acquisition compensation and resettlement plan should be publicized before obtaining the land acquisition approval.

According to the old Land Administration Law, only after the land expropriation is approved, that is, after obtaining the land expropriation approval, will the land expropriation procedure of publicizing the expropriation decision, compensation and resettlement plan, etc. be carried out within the expropriation scope.

The latest version of the "Land Administration Law Implementation Regulations" reverses the land expropriation procedure. If land needs to be expropriated, governments at or above the county level should conduct risk assessments, and then organize relevant departments to formulate land expropriation compensation and resettlement plans based on the survey results, publicize the land expropriation compensation and resettlement plans, listen to the opinions of the expropriated persons, and reach compensation and resettlement agreements with the expropriated persons.

A land acquisition compensation and resettlement decision should be made for individual cases where no land acquisition compensation and resettlement agreement has been reached. After the land acquisition approval is made, local governments at or above the county level shall issue a land acquisition notice within the township (town), village, and villagers' group where the land to be acquired is located, without the need to solicit opinions again on the same land acquisition compensation and resettlement plan.

Soliciting opinions twice on the same land acquisition compensation and resettlement plan has no practical significance and has no actual impact on the rights and obligations of the parties. According to law, it does not fall within the scope of administrative litigation accepted by the people's courts.

3. The procedure of first coordination and then arbitration is replaced

Before the new "Land Administration Law Implementation Regulations" come into effect, any objections to the compensation standards involved in the land acquisition compensation plan should be coordinated by the county-level or above government after the compensation and resettlement plan is determined and implemented; if coordination fails, the people's government that approved the land acquisition shall make a ruling.

According to the adjudication spirit of the Supreme People's Court and the actual situation of adjudication by courts at all levels in all regions, the two procedures of adjudication and review coexist in various places. If the land rights holder has objections to compensation and resettlement and still refuses to accept the adjudication or review and files a lawsuit, the people's court should accept it.

However, after the new "Land Administration Law Implementation Regulations" came into effect, the original coordination and arbitration procedures have been replaced by land acquisition compensation and resettlement decisions.

Everyone must keep up to date with the ever-changing legal knowledge and safeguard their own legitimate rights and interests!