The issue of compensation for land occupation and how to compensate for occupied land

You can be compensated for your direct losses and loss of available benefits, which will be handled in accordance with the relevant national regulations. However, some executive departments do not follow the national policy, and may give you a part less, but once you understand the relevant national regulations, they will not dare.

Legal analysis: If the land of rural residents is occupied due to public needs, the expropriated person will be paid full land compensation, resettlement subsidies and compensation fees for rural villagers' houses, other above-ground attachments and seedlings in accordance with the law, and social security expenses for the land-expropriated farmers will be arranged. The specific compensation standard is determined by the local people** according to factors such as the local economic level and the size of the expropriated land.

Legal basis: Article 48 of the Land Management Law of the People's Republic of China Fair and reasonable compensation shall be given for land expropriation to ensure that the original living standards of land-expropriated farmers are not reduced and their long-term livelihood is guaranteed. Land expropriation shall, in accordance with the law, timely and full payment of land compensation, resettlement subsidies and compensation for rural villagers' houses, other above-ground attachments and seedlings, and arrange social security expenses for land-expropriated farmers.

The standards for land compensation and resettlement subsidies for the expropriation of agricultural land shall be determined by the provinces, autonomous regions and municipalities directly under the Central Government through the formulation and publication of comprehensive land prices for the districts. The formulation of comprehensive land prices for areas shall comprehensively consider factors such as the original use of land, land resource conditions, land output value, land location, land supply and demand, population, and economic and social development level, and shall be adjusted or re-published at least once every three years. The compensation standards for expropriation of land other than agricultural land, above-ground attachments and seedlings shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.

Rural villagers' houses shall be compensated first and then relocated, and their living conditions improved, and the wishes of rural villagers shall be respected, and fair and reasonable compensation shall be given by means such as rearranging homestead land for construction, providing resettlement housing, or monetary compensation, and compensation shall be made for relocation and temporary resettlement expenses caused by expropriation, so as to protect rural villagers' right to live and lawful rights and interests in housing property.

Local people at or above the county level shall include land-expropriated farmers in the corresponding social security systems such as old-age pensions. The social security expenses of land-expropriated farmers are mainly used for social insurance payment subsidies such as pension insurance for eligible land-expropriated farmers. Measures for the collection, management and use of social security expenses for land-expropriated farmers shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.

Legal analysis: The construction unit that obtains the state-owned land use right by way of transfer and other paid use can only use the land after paying the land use fee and other paid land use fees and other fees in accordance with the standards and methods stipulated in the country. From the date of implementation of this law, 30 percent of the land use fees for new construction land shall be handed over to the treasury, and 70 percent shall be reserved for the people of the relevant localities.

The specific use of management measures by the financial department in conjunction with the relevant departments to formulate, and submitted for approval.

Legal basis: "Regulations for the Implementation of the Land Management Law" Article 25 If the construction project needs to use land, the construction unit shall, in principle, apply for a one-time application for the approval of construction land, and the project that really needs to be constructed in phases can be applied for construction land in phases according to the plan determined in the feasibility study report, and the approval procedures for construction land shall be handled in stages. If the scope of land use needs to be adjusted in the process of construction, the approval procedures for construction land shall be handled in accordance with the law.

If the conversion of agricultural land involves the expropriation of land, the formalities for land expropriation shall also be handled in accordance with the law.

Land Management Law of the People's Republic of China》 Article 55 The construction unit that obtains the right to use State-owned land by way of transfer and other paid use shall pay the land use fee and other paid fees for the transfer of land use rights in accordance with the standards and methods prescribed by the People's Republic of China.

From the date of implementation of this law, 30 percent of the land use fees for new construction land shall be handed over to the treasury, and 70 percent shall be reserved for the people of the relevant localities. The specific use of management measures by the financial department in conjunction with the relevant departments to formulate, and submitted for approval.

1) Occupy basic farmland and have no conditions for reclamation, shall pay a cultivated land reclamation fee of 2 times the compensation fee for the land supplement in the place; If the reclaimed cultivated land does not meet the requirements, the cultivated land reclamation fee shall be paid for the land compensation fee of between 1 and 2 times. (B) occupy other cultivated land, there is no condition for reclamation, shall pay the land compensation fee of 1 times the land compensation fee for the land; If the cultivated land does not meet the requirements, the cultivated land reclamation fee shall be paid at the rate of not less than one time of the land compensation fee for the land expropriated. The land compensation fee for cultivated land in the area shall be calculated at 40% of the compensation standard for the comprehensive land price of the area.

Cultivated land reclamation fees shall be included in the total investment of construction projects.

Legal basisLand Administration Act

Article 47 Where land is expropriated, compensation shall be given in accordance with the original use of the expropriated land. The compensation fee for the expropriation of cultivated land includes land compensation fee, resettlement subsidy fee, and compensation fee for ground attachments and seedlings. The land compensation fee for the expropriated cultivated land shall be 6 to 10 times the average annual output value of the cultivated land in the three years preceding the expropriation.

The subsidy for the resettlement of 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 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. The standards for land compensation and resettlement subsidies 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 standards for the compensation and resettlement subsidies for the source 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.

To expropriate vegetable land in the suburbs of the city, the land-using unit shall pay for the development and construction of new vegetable land in accordance with the relevant provisions of the State. In accordance with the provisions of the second paragraph of this article, the payment of land compensation fees and resettlement subsidies cannot enable the peasants who need to be resettled to maintain their original living standards, and the resettlement subsidies may be increased with the approval of the people of the provinces, autonomous regions, and municipalities directly under the Central Government. However, the sum of the land compensation fee and the resettlement subsidy shall not exceed 30 times the average annual output value of the land in the three years preceding the expropriation.

According to the level of social and economic development, under special circumstances, the standards of land compensation and resettlement subsidies for cultivated land may be raised.