Examination and approval of basic farmland occupation and compensation balance

Legal analysis: After the basic farmland protection areas are demarcated according to law, no unit or individual may change or occupy them. Energy, transportation, water conservancy, military facilities and other national key construction projects can not avoid the basic farmland protection areas, and need to occupy basic farmland. Involving the conversion of agricultural land or expropriation of land, it must be approved by the State Council. The State Council approved the occupation of basic farmland in the city, the local people's government should modify the overall land use planning according to the approval documents of the State Council, and supplement the same quantity and quality of basic farmland. The occupying unit shall, in accordance with the principle of how much it occupies and how much it reclaims, be responsible for reclaiming the cultivated land equivalent to the quantity and quality of the basic farmland it occupies; If there are no conditions for reclamation or the cultivated land does not meet the requirements, the cultivated land reclamation fee shall be paid in accordance with the provisions of provinces, autonomous regions and municipalities directly under the Central Government, which shall be used exclusively for reclamation of new cultivated land.

Legal basis: Regulations on Expropriation and Compensation of Houses on State-owned Land Article 8 In order to safeguard national security, promote national economic and social development and other public interests, if it is really necessary to expropriate houses under any of the following circumstances, the municipal or county people's government shall make a decision on house expropriation:

(a) the needs of national defense and diplomacy;

(two) the needs of the government organization and implementation of energy, transportation, water conservancy and other infrastructure construction;

(three) the needs of public utilities such as science and technology, education, culture, health, sports, environmental and resource protection, disaster prevention and mitigation, cultural relics protection, social welfare, and municipal utilities organized and implemented by the government;

(four) the needs of the construction of affordable housing projects organized and implemented by the government;

(five) the needs of the old city reconstruction organized and implemented by the government according to the relevant provisions of the Urban and Rural Planning Law;

(six) the needs of other public interests as prescribed by laws and administrative regulations.