Article 61 of my country's "Land Management Law" stipulates: "The construction of public facilities and public welfare undertakings in townships (towns) and villages that require the use of land must be reviewed and approved by the people's governments of townships (townships). Applications submitted to the land administration departments of the local people's governments at or above the county level shall be approved by the local people's governments at or above the county level in accordance with the approval authority stipulated by the provinces, autonomous regions, and municipalities directly under the Central Government; where the occupation of agricultural land is involved, Article 44 of this Law shall apply. "

Article 62 of the "Land Management Law" also stipulates: "A rural villager can only own one homestead, and the area of ??its homestead must not exceed the province or autonomous region. , standards stipulated by municipalities.

Rural villagers should comply with the overall land use plan of the township (town), and try to use the original homestead and vacant land in the village.

Residential land for villagers shall be reviewed by the township (town) people's government and approved by the county-level people's government; if it involves the occupation of agricultural land, the approval procedures shall be handled in accordance with the provisions of Article 44 of this Law. ”

Article 25 of the "Regulations on the Implementation of the Land Management Law" stipulates: "After the land requisition plan is approved in accordance with the law, it shall be organized and implemented by the people's government of the city or county where the land is to be requisitioned, and the land requisition authority, approval number, and the name of the requisitioned land will be The purpose, scope, area, land acquisition compensation rate, agricultural personnel resettlement method and land acquisition compensation period shall be announced to the owner of the acquired land in the township (town) and village where the acquired land is located. , The owner of the right to use the land shall, within the period specified in the announcement, go to the land administration department of the people's government designated in the announcement to register for land acquisition compensation with the land ownership certificate.

The land administration department of the municipal and county people's government shall conduct land acquisition compensation registration according to the regulations. After the approved land acquisition plan, the land acquisition compensation and resettlement plan will be formulated together with relevant departments, and the land acquisition compensation and resettlement plan will be announced in the township (town) and village where the acquired land is located, and the opinions of the rural collective economic organizations and farmers whose land will be acquired will be listened to. After being submitted to the municipal or county people's government for approval, the land administration department of the municipal or county people's government will organize and implement it. If there is any dispute over the compensation standard, it shall be coordinated by the local people's government at or above the county level; if coordination fails, the people's government that approved the land acquisition shall make a decision. . Disputes over land acquisition compensation and resettlement will not affect the implementation of the land acquisition plan. ”

According to the above legal provisions, land for township construction and rural villagers’ residences. After review by the township (town) people's government, the application shall be submitted to the land administration department of the local people's government at or above the county level, and shall be approved by the local people's government at or above the county level. Therefore, township governments and village-level organizations do not have the right to approve the expropriation of farmers' land. Article 78 of the "Land Management Law" stipulates: "If a unit or individual without the right to approve the expropriation or use of land illegally approves the occupation of land, or exceeds the approval authority and illegally approves the occupation of land, it shall not approve the use of the land in accordance with the purposes determined in the overall land use plan. If the occupation or expropriation of land is approved in violation of the procedures prescribed by law, the approval document shall be invalid. The person in charge and other directly responsible persons who illegally approve the expropriation and use of land shall be subject to administrative sanctions in accordance with the law; if a crime is constituted, they shall be investigated in accordance with the law. Criminal liability. If the land illegally approved and used shall be recovered and the relevant party refuses to return it, it shall be punished as illegal occupation of land.

If the expropriation and use of land is illegally approved and the party concerned suffers losses, he shall be liable for compensation according to law. .

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