Sử dụng đất sai mục đích sẽ bị xử phạt
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| Các luật sư thuộc Đoàn Luật sư Đồng Nai tư vấn pháp luật cho người dân xã Phú Cường (H.Định Quán) tại buổi tuyên truyền pháp luật. Ảnh: Đ.Phú |
Hành vi này không chỉ ảnh hưởng xấu tới công tác quản lý nhà nước về đất đai của các cấp chính quyền, mà còn ảnh hưởng tới quyền lợi của người nhận chuyển nhượng.
* Bán đất ở rồi xây nhà trên đất nông nghiệp để ở
Nguyên tắc sử dụng đất là phải đúng quy hoạch, kế hoạch, mục đích sử dụng đất. Tuy nhiên, pháp luật về đất đai cũng cho phép người dân được quyền chuyển đổi mục đích sử dụng đất từ đất nông nghiệp sang đất phi nông nghiệp, từ đất trồng cây hàng năm sang đất trồng cây lâu năm… theo đúng quy định pháp luật về đất đai.
Chẳng hạn như trường hợp của ông N.R. (ngụ xã Gia Kiệm, H.Thống Nhất) được Nhà nước cấp 250m2 đất ở trong tổng diện tích 1.000m2 theo giấy chứng nhận quyền sử dụng đất (QSDĐ). Tuy nhiên, vào đầu năm 2023, ông N.R. đã chuyển nhượng 250m2 đất ở cho ông P.X.B. (TP.Biên Hòa), phần ông còn 750m2 đất nông nghiệp (loại trồng cây lâu năm).
Hay trường hợp của ông T.U. (ngụ P.Trảng Dài, TP.Biên Hòa) có thửa đất 450m2, mục đích sử dụng đất được ghi rõ trong giấy chứng nhận QSDĐ là đất rừng sản xuất, không được thay đổi mục đích sử dụng khi chưa được cơ quan có thẩm quyền cho phép. Tuy vậy, trên thửa đất này ông T.U. đã xây dựng nhà ở trái phép trước đó và nay chia thửa đất này ra làm 3 phần, mỗi phần 150m2 để chuyển nhượng giấy tay (tức hợp đồng chuyển nhượng không thực hiện công chứng, chứng thực theo quy định) cho các hộ dân làm nhà ở.
Do thửa đất của ông T.U. không được cơ quan có thẩm quyền quy hoạch đất ở đô thị nên ông không được phép cất nhà, chuyển nhượng cho người khác xây dựng nhà. Từ đây, những người nhận chuyển nhượng đất yêu cầu ông tách sổ nhưng không tách sổ được, dẫn tới việc tranh chấp, khiếu nại.
Trích nguồn báo BÁO ĐỒNG NAI ĐIỆN TỬ:https://baodongnai.com.vn/ban-doc/202312/su-dung-dat-sai-muc-dich-se-bi-xu-phat-5285dc4/?zarsrc=10&utm_source=zalo&utm_medium=zalo&utm_campaign=zalo
Luật Đất đai năm 2013 và các văn bản có liên quan hiện cho phép người dân chuyển đổi mục đích sử dụng đất, trường hợp chuyển đất trồng cây hàng năm sang đất nông nghiệp khác (đất sử dụng để xây dựng nhà kính và các loại nhà khác phục vụ mục đích trồng trọt; đất xây dựng chuồng trại chăn nuôi gia súc, gia cầm); chuyển đất trồng cây hàng năm khác, đất nuôi trồng thủy sản sang trồng cây lâu năm; chuyển đất trồng cây lâu năm sang đất nuôi trồng thủy sản, đất trồng cây hàng năm; chuyển đất ở sang đất phi nông nghiệp không phải là đất ở… không phải xin phép, nhưng phải đăng ký biến động với cơ quan quản lý đất đai.
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