Legal analysis:

According to Article 14 of the "Land Management Law of the People's Republic of China": "Land collectively owned by farmers shall be contracted and managed by members of the collective economic organization. Engaged in planting, forestry, animal husbandry, and fishery production, the land contract management period is thirty years. It can be seen that animal husbandry can be carried out on collective land, but collective land is divided into basic farmland and non-basic farmland. All land can be used for animal husbandry, and we will discuss this in the next step.

If the cultivated land to be occupied is basic farmland, it shall not be occupied to build a breeding farm. According to Article 17 of the Basic Farmland Protection Regulations, “It is prohibited for any unit or individual to build kilns, houses, graves, dig sand, quarry, mine, borrow soil, pile solid waste, or conduct other activities within the basic farmland protection area. According to regulations such as "Activities that damage basic farmland" and "It is prohibited for any unit or individual to occupy basic farmland to develop forestry and fruit industry and dig ponds to raise fish," it can be seen that basic farmland can only be used for the production of grain, cotton, oil, vegetables and other planting industries, and cannot be used for planting. Aquaculture.

If the cultivated land to be occupied is non-basic farmland, it can be used to build a breeding farm if it meets the conditions specified in the Animal Husbandry Law. Article 37 of the "Animal Husbandry Law" stipulates: "The state supports rural collective economic organizations, farmers and animal husbandry cooperative economic organizations to establish livestock and poultry farms and breeding communities, and develop large-scale and standardized breeding. Township (town) land use overall planning Land for livestock and poultry breeding should be arranged according to local actual conditions. The land used for livestock and poultry breeding farms and breeding communities established by rural collective economic organizations, farmers, and animal husbandry cooperative economic organizations in accordance with the overall land use plan of the township (town) is managed as agricultural land. If the land use rights of livestock and poultry farms and breeding communities expire and the original use needs to be restored, the owner of the land use rights of the livestock and poultry farms and breeding communities shall be responsible for the restoration. Permanent buildings (structures) need to be built within the land use of livestock and poultry farms and breeding communities. Buildings involving the conversion of agricultural land shall be handled in accordance with the provisions of the Land Management Law of the People's Republic of China. "Accordingly, if the overall land use plan of the township where the land involved is located lists the cultivated land to be occupied as livestock. Within the scope of poultry farm land, relevant farmers can build farms directly on it without obtaining approval for construction land (except for the construction of permanent buildings and structures). Of course, the establishment of specific breeding farms must also comply with the relevant provisions of the Animal Husbandry Law and the Animal Epidemic Prevention Law.

The Ministry of Land and Resources and the Ministry of Agriculture jointly issued the "Notice on Land Use Policies to Promote Large-scale Livestock and Poultry Breeding": "Requiring all localities to fully implement land consolidation and new rural construction. Consider the needs of large-scale livestock and poultry breeding, reserve land space, and provide land use conditions. No place shall prohibit or restrict large-scale livestock and poultry breeding on the grounds of new rural construction or environmental improvement; "This rural collective economic organization, farmers and animal husbandry. According to the overall land use plan of the township (town), the land required for the establishment of large-scale livestock and poultry breeding by industrial cooperative economic organizations is managed as agricultural land and used as land for agricultural production structure adjustment. There is no need to go through the approval procedures for agricultural land conversion. ""Other enterprises and other enterprises. The land required for large-scale livestock and poultry breeding established by individuals or jointly with rural collective economic organizations, farmers and animal husbandry cooperative economic organizations shall be managed in a classified manner. The land used for production facilities such as livestock and poultry houses and green isolation belts shall be managed as agricultural land, and there is no need to do so. Go through the approval procedures for the conversion of agricultural land; management and living buildings, disease prevention and control facilities, feed storage rooms, hardened roads and other ancillary facilities are permanent buildings (structures), and their land use is managed in accordance with rural collective construction land and requires Go through the approval procedures for the conversion of agricultural land in accordance with the law. ”

In addition, we can know from the "National Land Classification" regulations formulated by the Ministry of Land and Resources: Breeding land belongs to agricultural land, and building breeding houses on it does not constitute a change. As for land use, the occupation of cultivated land other than basic farmland for breeding is no longer subject to approval as construction land or temporary land. The land contractor's autonomy in production and operation should be fully respected. As long as the cultivated layer of the cultivated land is not damaged and the conditions for farming are not damaged, the land contractor can decide independently to use the cultivated land for breeding.

So, not all farms on cultivated land are illegally built. If they are demolished due to illegal demolition, it is illegal and illegal. You can ask for compensation according to the law. If your appeal is not responded to , you can hire a lawyer to file an administrative lawsuit and demand reasonable compensation.

Legal basis:

"Land Management Law of the People's Republic of China" Article 14 Land collectively owned by farmers shall be contracted and managed by members of the collective economic organization to engage in planting industry , forestry, animal husbandry, fishery production. The land contract operation period is thirty years.

Article 37 of the "Animal Husbandry Law of the People's Republic of China" The state supports rural collective economic organizations, farmers and animal husbandry cooperative economic organizations in establishing livestock and poultry farms and breeding communities, and developing large-scale, Standardized breeding. The overall land use plan of the township (town) should arrange land for livestock and poultry breeding according to the actual local conditions. The land used by livestock and poultry farms and breeding communities established by rural collective economic organizations, farmers, and animal husbandry cooperative economic organizations in accordance with the overall land use plan of the township (town) is managed as agricultural land. If the land use right of a livestock and poultry farm or breeding community expires and it is necessary to restore the original use, the owner of the land use right of the livestock and poultry farm or breeding community will be responsible for the restoration.

Where permanent buildings (structures) need to be built within the land area of ​​livestock and poultry farms and breeding communities, and if the conversion of agricultural land is involved, the matter shall be handled in accordance with the provisions of the Land Management Law of the People's Republic of China.