Traditional Culture Encyclopedia - Tourist attractions - What is the basis for listing land for sale?
What is the basis for listing land for sale?
After the collectively-owned land in the urban planning area is converted into state-owned land according to law, the right to use state-owned land can be transferred with compensation.
The transfer of land use rights must conform to the overall land use planning, urban planning and annual construction land plan. Where the local people's governments at or above the county level transfer the land use right for real estate development, they must prepare an annual plan for the total area of land use right transfer according to the control indicators issued by the people's governments at or above the provincial level, and submit it to the people's government of the State Council or the province for approval in accordance with the provisions of the State Council.
The transfer of land use rights can be by auction, tender or mutual agreement.
Commercial, tourism, entertainment and luxury residential land, conditional, must be taken by auction and tender; If auction or tender cannot be used unconditionally, it can be agreed by both parties.
The transfer fee for the land use right agreed by both parties shall not be lower than the lowest price determined by the state. The maximum period of assignment of land use rights shall be stipulated by the State Council.
Legal basis: Article 14 of the Land Administration Law of the People's Republic of China shall be settled by the parties through consultation; If negotiation fails, it shall be handled by the people's government.
Disputes between units shall be handled by the people's governments at or above the county level; Disputes between individuals or between individuals and units shall be handled by people's governments at or above the county level.
If a party refuses to accept the decision of the relevant people's government, it may bring a lawsuit to the people's court within 30 days from the date of receiving the notice of decision.
Before the dispute over land ownership and use right is settled, neither party may change the status quo of land use.
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