The issue of compensation for the occupation of peasants land by the State

The compensation standard for rural land expropriation is composed of land compensation fees, resettlement subsidies, and seedling compensation fees.

The land compensation fee is generally 6 to 10 times the average annual output value of the cultivated land in the three years preceding the expropriation.

1. Resettlement subsidy for land acquisition.

Calculated according to the number of agricultural population that needs to be resettled. The number of agricultural population to be resettled shall be calculated by dividing the amount of cultivated land expropriated by the average amount of cultivated land occupied by the expropriated units before land requisition. The standard of resettlement subsidy for each agricultural population to be resettled shall be four to six times the average annual output value of the cultivated land in the three years preceding the expropriation.

However, the resettlement subsidy per hectare of expropriated cultivated land shall not exceed 15 times the average annual output value of the three years preceding the expropriation.

2. Compensation standards for green seedlings.

For crops that have just been sown, one-third of the quarterly output value will be compensated for the cost of work. For crops in the growth period, the maximum compensation is based on the output value of the first quarter. No compensation will be given to grain, oilseeds and vegetable seedlings that can be harvested.

For perennial economic trees, it is necessary to transplant as much as possible, and the land-using unit pays the transplantation fee; If it cannot be transplanted and must be cut down, the land-using unit shall compensate according to the actual value. For mature trees, they are cut down by the tree owner and no compensation is given.

3. Compensation standards for other attachments.

If the expropriation of land requires the relocation of railways, highways, high-voltage power lines, communication lines, broadcasting lines, etc., it is necessary to negotiate with the relevant departments according to the specific situation, prepare an investment estimate, and include it in the preliminary design budget estimate for approval. Compensation for the demolition of farmland water conservancy facilities and other supporting buildings, wells, artificial fish ponds, breeding farms, graves, toilets, pigsties, etc., shall be paid relocation fees or compensation fees with reference to relevant standards. When a land-using unit occupies cultivated land to build a house or engage in other non-agricultural construction, it shall pay the cultivated land occupation tax in accordance with the provisions of the Provisional Regulations of the People's Republic of China on Cultivated Land Occupation Tax.

Fourth, the requirements of compensation standards for rural land acquisition.

1. The specific standards and amounts of land acquisition compensation fees shall be stipulated in the land acquisition compensation and resettlement plan approved by the city and county according to law.

2. The determination of the average annual output value of the land in the three years before the land is expropriated (the compensation standard for land compensation and resettlement subsidies): according to the statistical annual report of the most basic unit approved by the local statistical department and the unit price approved by the price department.

3. If the land compensation fee and resettlement subsidy paid in accordance with the regulations cannot maintain the original living standard of the peasants who need to be resettled, the resettlement subsidy may be increased.

Legal analysis: Compensation for the occupation of farmers' cultivated land shall be strictly enforced in accordance with the Land Management Law of the People's Republic of China.

Legal basis: Land Management Law of the People's Republic of China

27th State construction requisition of land, by the land-using unit to pay land compensation. The compensation for the expropriation of cultivated land shall be three to six times the average annual output value of the cultivated land in the three years preceding the expropriation. The standard of compensation for the expropriation of other land shall be prescribed by the provinces, autonomous regions and municipalities directly under the Central Government with reference to the standard of compensation for the expropriation of cultivated land.

The compensation standards for attachments and seedlings on the expropriated land shall be prescribed by the provinces, autonomous regions and municipalities directly under the Central Government. Requisition of vegetable land in the suburbs of the city, the land-using unit shall, in accordance with the relevant provisions of the State, pay for the development and construction of new vegetable land**.

28th State construction requisition of land, land-using units in addition to the payment of compensation, shall also pay resettlement subsidies. The resettlement subsidy for requisitioned cultivated land shall be calculated according to the number of agricultural population to be resettled. The number of agricultural population to be resettled shall be calculated by dividing the amount of cultivated land to be expropriated by the average amount of cultivated land occupied by the land-expropriated units before land acquisition.

The standard of resettlement subsidy for each agricultural population in need of resettlement shall be two to three times the average annual output value per mu in the three years prior to the expropriation of the cultivated land. However, the resettlement subsidy per mu of expropriated cultivated land shall not exceed 10 times the average annual output value of the three years preceding the expropriation. The standards for resettlement subsidies for requisitioned other land shall be prescribed by provinces, autonomous regions and municipalities directly under the Central Government with reference to the standards for resettlement subsidies for requisitioned cultivated land.

1) Land compensation fee.

1.The expropriation of cultivated land and vegetable land shall be calculated at six times the average annual output value (the same below) of the land in the three years prior to the expropriation according to the ** policy stipulated by the state;

2.The expropriation of land such as fish ponds, lotus root ponds, breeding farms, orchards, bamboo orchards, forest land, etc., shall be calculated at five times the annual output value of the land;

3.expropriation of firewood, tidal land, reservoirs, reed ponds and other non-cultivated land with income shall be calculated at three times the annual yield of the land;

4.The expropriation of homestead land shall be calculated according to the compensation standard of adjacent cultivated land; If the house is requisitioned and rebuilt by the construction unit, the original homestead will not be compensated;

5.Compensation is generally not given for the expropriation of non-profitable non-cultivated land.

2) Compensation for seedlings and attachments.

1.Seedling compensation is generally calculated based on the output value of a crop; There will be no compensation for what can be harvested. Perennial economic forest trees that can be moved.

planting, the construction unit shall pay the transplantation fee; If it cannot be transplanted, the land-using unit shall give reasonable compensation or purchase at a price;

2.For house demolition, reasonable compensation shall be given according to the rock structure, area, and degree of newness of the house; No compensation will be given for illegal buildings, trees planted by surprise after the start of negotiation of land acquisition, and buildings built by surprise;

3.Farmland water conservancy projects, electromechanical drainage and irrigation facilities, wells, artificial fish ponds, breeding farms, electricity, broadcasting, communication facilities and other attachments shall be paid relocation fees or compensation fees according to the actual situation.

3) Resettlement subsidy.

1.For land-expropriated units with more than one mu of cultivated land per capita for the agricultural population before land acquisition, the resettlement subsidy for the requisitioned cultivated land shall be the requisitioned cultivated land.

three times the average annual output value per mu in the first three years; Before land acquisition, if the per capita cultivated land of the agricultural population is less than one mu, the land-expropriated units shall be requisitioned per mu of cultivated land for resettlement.

The subsidy shall be calculated at four times the annual output value, and the resettlement subsidy shall be increased by one time of the annual output value for every 0.1 mu of cultivated land per capita, but the maximum shall not exceed 10 times the annual output value;

2.The resettlement subsidy for requisitioned non-cultivated land shall be calculated according to the annual output value of the land and the resettlement subsidy multiple slightly lower than that of adjacent cultivated land;

3.Requisition of the foundations of houses and other buildings, as well as non-profitable non-arable land, is not subject to resettlement subsidies.

After the state occupies the basic farmland, it needs to compensate the users of the original farmland to a certain extent, and the scope of compensation includes the economic losses caused by the users of the farmland and the compensation costs for the land, which are all losses caused by the occupation and should be compensated.