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At present, there is no unified system in the country.
are all in the process of exploration, and some local regulations have been introduced in various places.
Because there are so many problems of this kind of problem now.
Your land acquisition is for town expansion.
It belongs to the state land.
Fees may be low.
If it is commercial land.
Then the cost will be high.
Because in the principle of who expropriates and who compensates.
But there is also a saying for state expropriation.
Chongqing has regulations in this regard.
You see this provision:
Chongqing's land acquisition implements "two publicity".
Land and Resources Network (April 27, 2004 10:48) (Chen Suode) Since April 16, the Chongqing Municipal Land and Housing Management Bureau has implemented the publicity system of the "Land Requisition Program" and the "Land Requisition Compensation and Resettlement Program", requiring that all those who expropriate the land owned by the peasant collectives should announce the plan in writing in the village and group where the expropriated land is located. The expropriation of land collectively owned by farmers in townships (towns) shall be announced at the location of the people of townships (towns).
The content of the publicity includes the owner, location, land type and area of the expropriated land, the compensation standard for land acquisition and the resettlement method of agricultural personnel, the standard, amount, payment object and payment method of land compensation and resettlement compensation price.
Therefore, if there is no way to increase the compensation, you can make a document for the settlement and ask the government to make a certain arrangement for the loss of land (how many years to pay the equivalent compensation for the crop output, etc.)! In this case, the requisitioning department is asked to make it public, and if it is not in accordance with the regulations, they will generally not make it public.
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It depends on how you have a relationship with **.
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Legal analysis: land compensation fee = number of acres of land expropriated, annual output value, compensation multiple. Resettlement subsidy = the number of people who need to be resettled, the annual output value, the compensation multiple, the number of people who need to be resettled = the number of land expropriated, the number of cultivated land allocated per capita before land acquisition.
Calculation formula: Seedling compensation = annual output value and number of cultivation seasons.
Legal basis: "Land Management Law of the People's Republic of China" Article 47 Where the State expropriates land, it shall be announced and organized by the local people at or above the county level after approval in accordance with legal procedures. If the local people at or above the county level intend to apply for land expropriation, they shall carry out a survey of the current situation of the land to be expropriated and a social stability risk assessment, and announce the scope of expropriation, the current status of the land, the purpose of expropriation, the compensation standard, the resettlement method and social security within the scope of the township (town) and village and villager group where the land is to be expropriated for at least 30 days, and listen to the opinions of the rural collective economic organizations and their members, villagers' committees and other stakeholders who are subject to land expropriation.
Most of the members of the land-expropriated rural collective economic organizations believe that the compensation and resettlement plan for land acquisition does not comply with the provisions of laws and regulations, and the local people at or above the county level shall organize a hearing, and modify the plan in accordance with the provisions of laws and regulations and the hearing. The owner or user of the land to be expropriated shall, within the time limit specified in the announcement, go through the compensation registration with the proof of immovable property ownership. Local people at or above the county level shall organize relevant departments to calculate and implement relevant expenses, ensure that the full amount is in place, and sign agreements with the owners and users of the land to be expropriated on compensation and resettlement; If it is indeed difficult to reach an agreement on an individual case, it shall be truthfully explained when applying for land expropriation.
After the completion of the relevant preliminary work, the local people at or above the county level can apply for land expropriation.
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Hello, the compensation given to the expropriated person by land expropriation includes land compensation, ground attachments, resettlement subsidies, seedling subsidies and rural villagers' housing fees, among which, the compensation and resettlement subsidies for land are determined according to the comprehensive land price of the expropriated area, and in principle, it cannot be lower than the original living standard of the expropriated person.
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Legal analysis: Before the expiration of the term of the right to use construction land, if it is necessary to recover the land in advance due to public interests, the land compensation fee, resettlement subsidy and compensation fee for rural villagers' houses, other above-ground attachments and seedlings shall be paid in full and in a timely manner in accordance with the law, and the social security expenses of the land-expropriated farmers shall be arranged to ensure the livelihood of the land-expropriated farmers and safeguard the legitimate rights and interests of the land-expropriated farmers.
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, so as 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 to build houses and disturbing towns, providing resettlement housing, or monetary compensation, and compensating for the expenses of relocation and temporary resettlement caused by expropriation, so as to protect rural villagers' right to live and their 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. The methods for raising, managing and using social security expenses for land-expropriated farmers shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.
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Legal analysis: 1. Land compensation fee. 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.
2. Resettlement subsidy for land acquisition. Calculated according to the number of agricultural population that needs to be resettled. 3. Compensation standard 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.
4. 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.
Legal basis: Article 17 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land.
The compensation given to the expropriated person by the people at the city and county level who made the decision to expropriate the house includes: (1) compensation for the value of the expropriated house; (2) Compensation for relocation and temporary resettlement caused by the expropriation of housing; (3) Compensation for losses caused by the suspension of production and business caused by the expropriation of houses. The people at the municipal and county levels shall formulate subsidies and incentives to give subsidies and rewards to the expropriated persons.
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