Pidi hotel

In June, 2006, the government of lichuan county, Jiangxi Province negotiated with Guoan Company about the comprehensive development project of ecotourism. The planned land area is 1355.99 mu, and the land area of the first phase is 1005.99 mu, of which10.90 mu is used to build commercial boutique streets, five-star hotels and supporting facilities, and 810.5 mu is used to build public welfare facilities such as ecological parks and cultural squares. The second phase covers an area of 350 mu and is used to build an entertainment city and commercial houses around the lake. In August, 2006, the county magistrate's office decided to sell the first phase of the project 190.99 mu of land for the construction of commercial streets and hotels. The 8 15 mu forest land in the first phase of the project will be used by the bidder for the construction of public welfare facilities without changing its use. After completing the procedures of agricultural land conversion and land requisition, 350 mu of land in the second phase of the project will be sold to bidders at the average unit price listed in this period. However, when the first phase of the project 190.99 mu of land was listed for sale, there were still 92.9438+0 mu of land that had not gone through the formalities of agricultural land conversion and land expropriation. The county land and resources bureau pointed out to the county government leaders many times that there were problems in the land transfer plan, but it was not adopted. As the only bidder, Guoan Company won the land and started construction.

On June 5438+065438+ 10, 2006, Fuzhou Municipal Bureau of Land and Resources filed an investigation, and ordered lichuan county Municipal Bureau of Land and Resources to cancel or change the announcement of listing and transfer. Lichuan county Land and Resources Bureau re-issued the announcement of listing and transferring 190.99 mu of land (at this time, all agricultural land conversion and land acquisition procedures have been obtained), and the illegal content was corrected, and Guoan Company was delisted again.

Through field investigation, Guoan Company not only acquired 190.99 mu of land through transfer, but also leveled 2 100 mu of land. Jiangxi Provincial Department of Land and Resources imposed an administrative penalty on this behavior: ordered Guoan Company to correct the illegal behavior and imposed a fine.

The supervisory organ made an administrative sanction decision on the county magistrate and deputy magistrate of lichuan county, and made an administrative sanction decision on the director of lichuan county Land and Resources Bureau, who bears the main leadership responsibility for stopping and supervising ineffective.

Analysis of this case is a case of illegal land supply, mainly involving direct listing of collective land and directional listing of land.

In this case, the lichuan county municipal government ignored the seriousness of the law, insisted on not listening to the suggestions and advice of the County Land and Resources Bureau, and took risks and illegally provided land. Its illegal behavior is mainly manifested in the following two aspects:

First, collective land that has not been converted to agricultural land and land expropriation is directly listed for sale, which is illegal land grant. According to the land management law, only state-owned construction land can be sold in the land market. In this case, the county government abused the government's public power, directly transferred collective agricultural land, and evaded the obligation of balancing cultivated land occupation and compensation, resulting in the loss of cultivated land resources and the original allocation structure of land resources being disrupted. According to the provisions of Article 78 of the Land Management Law, the land and resources management department ordered the cancellation of the announcement of listing transfer.

Second, the county government decided that 350 mu of land in the second phase of the project will be sold to the bidder at the average unit price of the original listing after the agricultural land conversion and land acquisition procedures are completed. There is a problem of directional listing and land sale. Directed listing violates the principle of social fair competition and is a serious violation, which should be corrected according to law and the responsible person should be held accountable.