Is a Person Whose Land is Reclaimed Entitled to Negotiate Compensation Prices?
Based on Clause 2, Article 74 of the 2013 Land Law, which stipulates the principles of land compensation when the State recovers land:
Compensation is carried out by allocating land with the same use purpose as the recovered land. If there is no land available for compensation, compensation shall be made in cash according to the specific land price of the recovered land type decided by the provincial People's Committee at the time of the land recovery decision.
Therefore, there are two forms of land compensation when the State issues a recovery decision:
+ Firstly, allocating land with the same use purpose as the type of land that the State recovers.
+ Secondly, compensation in cash. For this form, the price will be calculated based on the specific land price of each type of land as decided by the provincial People's Committee at the time of recovery.
Therefore, the land price that you are compensated with is determined based on the price issued by the provincial People's Committee, and you have no right to negotiate the price in the event of land recovery.
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