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No. 3 of Nine Model Civil Cases Involving Farmers Published by the Supreme People's Court: The compensation for young crops after the land was expropriated shall be received by the person making actual inputs— Case of dispute over rights of contractual management of land (Zhou [REDACTED] v. Villagers' Committee of [REDACTED] Village)
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最高人民法院发布九起涉农民事典型案例之三：周某某与某村民委员会土地承包经营权纠纷案——土地征收后的青苗补偿费应由实际投入人获得
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【法宝引证码】
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| No. 3 of Nine Model Civil Cases Involving Farmers Published by the Supreme People's Court: The compensation for young crops after the land was expropriated shall be received by the person making actual inputs— Case of dispute over rights of contractual management of land (Zhou [REDACTED] v. Villagers' Committee of [REDACTED] Village) | | 最高人民法院发布九起涉农民事典型案例之三：周某某与某村民委员会土地承包经营权纠纷案——土地征收后的青苗补偿费应由实际投入人获得 |
| 1. Basic Facts | | 一、基本案情 |
| In June 2001, Zhou [REDACTED] signed an Agreement on Land Contracting with the Villagers' Committee of [REDACTED] Village. It was agreed that Zhou [REDACTED] contracted 100 mu of the mobile land collectively owned by the village for planting timber forests and operating agricultural and sideline products, with the contracting term of 30 years. After contracting the land, Zhou [REDACTED] invested money to dig a well, install power supply, build a house, planted trees and field crops, and paid the contracting fees on time up to 2017. In 2017, the land contracted by Zhou [REDACTED] required forest planting according to the local planning and construction. At the beginning of 2018, such land was included in the construction area of seedlings and landscaping forests and the local government offered compensation according to certain criteria. The compensation included land proceeds and a lump-sum compensation for fixtures on the land. After receiving the land proceeds involved and the lump-sum compensation for young crops, the villagers' committee failed to pay Zhou [REDACTED] the relevant compensation for young crops. Zhou [REDACTED] filed a lawsuit with the people's court and claimed that the villagers' committee should pay him the land proceeds and compensation for young crop, 534,600 yuan in total. | | 2001年6月，周某某与某村民委员会签订《土地承包协议书》，约定周某某承包村集体机动地100亩用于种植材林和农副产品经营，承包期限为三十年。周某某承包后投入资金打井办电、建设房屋，种植了树木和大田作物，直到2017年一直按时交纳承包费。2017年，根据当地规划建设需要，周某某承包的土地需进行植树造林。2018年初，上述土地划入苗景兼用林建设区域内，当地政府按照一定标准进行了补偿。补偿费用包括土地收益金和一次性地上附着物补偿费。村民委员会收到案涉土地收益金及一次性青苗补偿费后，一直未向周某某给付相关青苗补偿费。周某某诉至法院，请求村民委员会给付其土地收益金及青苗补偿费共计53.46万元。 |
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