According to the Government Portal, Ms. L.M.P reflected that her house is located in the national highway site clearance project. The house is located in an alley and according to the project, it will be partially cleared and the remaining part after clearance will be only 28 m2, this 28 m2 section after clearance will be adjacent to the national highway.
Ms. P is aware that if after the State reclaims the land, the remaining land area is below the minimum area, the people have the right to request the State to reclaim the remaining area.
Ms. P asked, so if the State reclaims the remaining 28 m2, will the frontage land price be calculated or will the alley land price still be calculated?
The Department of Land Management, Ministry of Agriculture and Environment responds to this issue as follows:
Clause 7, Article 91 of the 2024 Land Law stipulates:
"When the State reclaims land according to the provisions of Articles 78 and 79 of this Law, but the remaining area of the land plot after recovery is smaller than the minimum area prescribed by the Provincial People's Committee on the minimum area in Clause 2, Article 220 of this Law, if the land user agrees to reclaim the land, the People's Committee at the competent level shall decide to reclaim the land and carry out compensation, support and management of this land area according to the provisions of law.
The compensation and support costs in the case of land recovery prescribed in this clause shall be included in the compensation, support and resettlement costs of the investment project".
According to Point e, Clause 1, Article 160, specific land prices are applied to calculate compensation when the State reclaims land.
According to the provisions of Clause 3, Article 160, the competent land management agency is responsible for assisting the Chairman of the People's Committee at the same level in organizing the determination of specific land prices.
Because this is a specific case, without any documents or records, it is recommended that you study the above regulations and contact the competent land management agency in the locality for specific instructions.
