Who will compensate the farmers along the canal for supporting the land, and how to make up for it?

It depends on the policy situation in the village.

According to the provisions of the Land Management Law, as long as the members of the village collective economic organization of the village return to the village, even if they do not answer the house, they still need to be compensated.

From the legal analysis, the land of the whole village belongs to everyone in the village, not just the villagers who have houses.

There is compensation for this view.

However, whether the compensation for demolition and relocation is related to the hukou depends on the specific demolition policy, and the policy of each project is different.

However, some resettlement projects use the number of hukou as the standard for calculating the resettlement area. Therefore, the compensation according to the household registration mostly exists in the project with resettlement housing.

Many people think that as long as it is made up according to the household registration, then the household registration should be compensated accordingly. However, in practice, in the detailed rules for demolition and relocation, such cases of no housing and households will be listed as empty households, that is, no compensation will be given.

You can get compensation, there are dividends, as long as you are a villager in your village, you enjoy the same treatment as them.

There are two ways to compensate for demolition.

1.It is to compensate according to the house, that is to say, the number of square meters of demolition will be used as a basis, and the compensation cash or the corresponding square meter of the house will be relocated. This is generally the case for commercial development.

2.Population compensation, that is, the actual area of the house is not calculated, only the number of people in the demolition area is counted, and the economic compensation and the area of the house relocated are calculated on the basis of this number.

This calculation is used in the general agricultural reform and the demolition and relocation of urbanization construction. Of course, there are also calculations that combine these two methods.

Yes, there are dividends, as long as they are villagers in their own village, they enjoy the same treatment.

The purpose and floor area of the house to be demolished shall generally be subject to the records in the real estate ownership certificate, the rural homestead use certificate or the building approval document. If the record is inconsistent with the actual situation, the actual situation shall prevail except for illegal construction.

The establishment and improvement of the compensation measures for the expropriation of rural collective land and houses is not a simple reorganization, addition or deletion of the old articles and regulations, but on the basis of the "Land Management Law", "Regulations for the Implementation of the Land Management Law", "Measures for the Announcement of Land Expropriation", and "Property Law".

Combined with the Rural Land Contracting Law and the Administrative Measures for the Circulation of Rural Land Contracting and Management Rights, learn from the implementation experience of relevant laws and regulations such as the Regulations on the Administration of Urban Housing Demolition, the Guiding Opinions on the Valuation of Urban Housing Demolition, and the Working Procedures for Administrative Adjudication of Urban Housing Demolition. It is necessary not only to meet the current realistic demands, but also to focus on the unified registration and expropriation of immovable property.

It can be obtained.

Compensate. There are two ways to compensate for demolition, the first way is to compensate according to the house, which means that the number of square meters of demolition will be used as a basis for compensation, compensation cash or the corresponding square meter of relocated houses. This is generally the case for commercial development.

The other way is population compensation, that is, the actual area of the house is not calculated, but only the number of people in the demolition area, and the economic compensation and the area of the relocated house are calculated on the basis of this number.

This calculation is used in the general agricultural reform and the demolition and relocation of urbanization construction. Of course, there are also calculations that combine these two methods.

To sum up, compensation can be obtained for the general agricultural reform and the demolition of urbanization construction.

Rural hukou but no land or house, no compensation for demolition in the village.

1. At the time of the land requisition announcement, if the approval documents for building a house have been obtained and the new house has been completed, the new house shall be compensated, and the old house that should be demolished but not demolished shall be compensated, and no one shall infringe on the property rights of the individual. At the time of the announcement of land requisition, if the approval document for building a house has been obtained but the construction of a new house has not yet been completed, the construction of the house shall be stopped immediately, and the specific compensation amount can be negotiated and agreed;

2. Appropriate compensation may be given for the demolition of temporary buildings that have not exceeded the approved period.

4. If there is both state-owned land and collective land within the same demolition and relocation scope, the compensation and resettlement of the demolished houses within the scope of the state-owned land shall be implemented in accordance with the provisions on the management of urban housing demolition; The compensation and resettlement of houses within the scope of the expropriated collective land shall be implemented in accordance with the provisions on the compensation and resettlement of houses on collectively owned land, and shall be replaced according to the property rights of 1:1 (if the house of the demolished person is 100 square meters, the expropriator (expropriation unit) shall compensate for the 100 square meters of house.

Rural residents' household registration refers to the reform and abolition of the household registration management system"Agricultural hukou"with"Non-agricultural hukou"of the region, with"Urban residents' household registration"The corresponding account type. According to the classification of hukou by the public security department, there were only two types of hukou: agricultural and non-agricultural, and later, non-agricultural hukou was referred to as urban or urban.

To be defined as a rural hukou, the following conditions must be met at the same time: the current hukou is registered in the village committee, the rural responsibility land is contracted in accordance with the law, the agricultural taxes and fees are paid before January 1, 2005, and the rural public welfare services are undertaken, and the urban residents do not enjoy social security and welfare benefits.

There are dividends, because you are also a villager in your village, and if the entire villager moves away, you will enjoy the same treatment as them.

If arable land is expropriated, there is compensation. There is no compensation for the expropriation of other people's houses.

When purchasing a demolition and resettlement house, the procedures are the same as those for ordinary commercial housing. However, if you want to buy a resettlement house, it is best to wait for the seller to have the title deed before making the transaction. When buying a demolition and resettlement house, buyers should have a certain understanding of the transferor (individual), and when rehousing off-plan transactions, they need to pay attention to whether the resettlement house enjoys the relevant subsidies and related restrictions, or it is purely a market behavior, and must be investigated clearly.

Secondly, you should check the contract signed between the seller and the developer, and ask the other party to give you a set of documents for obtaining the resettlement property ownership certificate, such as the resettlement house and the property right certificate of the house, and the tax invoice. At the same time, when signing the purchase contract for demolition and resettlement housing with the seller at the time of the transaction, it is necessary to clearly stipulate the time for both parties to handle the transfer of property rights, the handling of liability for breach of contract, etc., so that the other party can move out when the other party breaches the contract and protect their legitimate rights and interests. Knowledge Expansion:

What is a demolition and resettlement house.

Yes, because there are dividends, because you are also a villager in your own village, as for the demolition, if the entire villager has moved away, then you enjoy the same treatment as them.

The land compensation fee is based on the land use right, that is, if the land is contracted or leased, the compensation fee and the right to supplement the seedlings will be relevant.

There will be help, but if there is no land, there is no compensation for the actual use. Unless a piece of land is owned by a collective, and the compensation is distributed within the collective, then those who have the status of a villager will be allocated the corresponding part.

As for the compensation cost of the house, it is based on the right to use the homestead and the ownership of the house, and if there is no homestead and no house in the village, this part of the compensation is also not available.

What should I do if I can't afford to build a house and can't afford to buy a house?

According to the provisions of the Land Management Law and the Regulations for the Implementation of the Land Management Law, the compensation for the expropriation of cultivated land is mainly composed of four parts: land compensation, resettlement subsidy, compensation for attachments on the ground and compensation for seedlings. Some places stipulate that the village collective retains 20%, and some places are 30%, but generally within 30%, and the rest is given to the land-expropriated. As for the other items, they are directly given to these land use rights holders, and have nothing to do with the village collective, and the village does not need to share your resettlement fee, seedling compensation and compensation for above-ground objects.

The compensation fee for the expropriation of cultivated land includes land compensation fee, resettlement subsidy fee, and compensation fee for ground attachments and seedlings. According to.

Article 46 of Chapter 5 of the Land Management Law of the People's Republic of China.

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.

I can get the following fee:

1. Land compensation fee.

2. Resettlement subsidy.

3. If there are seedlings planted on the land, you can get the seedling subsidy.

4. Attachment compensation fee.

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, it shall prevail.

The sum of the original land compensation fee and resettlement subsidy shall not exceed 30 times the average annual output value of the land in the three years prior to the land expropriation.

1. The compensation paid by the resettlement subsidy unit to the land-expropriated unit for the resettlement of surplus labor caused by land acquisition, any expropriation that violates the above basic principles is an illegal expropriation, and then expropriation, the specific standards for compensation for land requisition, any expropriation that violates the above basic principles is an illegal expropriation, and the amount is determined by the city, other facilities, and resettlement subsidies. ** Expropriation of peasant land.

2. The expropriated person may refuse to sign the land acquisition compensation and resettlement agreement, and first compensate, such as houses, and file an administrative reconsideration and compensation fee for the seedlings on the expropriated land for damage to the seedlings on the expropriated land due to land acquisition.

1. The land compensation fee is a kind of economic compensation paid by the local unit to the land-expropriated rural collective economic organizations for the economic losses caused by the expropriation of their land, and there shall be a legal project, in accordance with the legal procedures and land requisition compensation standards, and the determination of the average annual output value of the land in the three years before the land is expropriated.

2. If the resettlement subsidy cannot maintain the original living standard of the peasants who need to be resettled, the resettlement subsidy and the land compensation fee paid in accordance with the regulations may be increased, and reasonable compensation may be given to the expropriated person. The expropriated person may refuse to sign the land acquisition compensation and resettlement agreement, and strive for his or her legal rights by applying for information disclosure, administrative litigation, etc.

3. Attachment compensation fee for attachments on the expropriated land. A kind of compensation fee paid to the units and individuals who planted the seedlings shall be compensated first.

** The expropriation of farmers' land should have a legal project, in accordance with the legal procedures, to give reasonable compensation to the expropriated, first compensation, and then expropriation, any expropriation that violates the above basic principles is illegal expropriation. The expropriated person may refuse to sign the land acquisition compensation and resettlement agreement, and strive for his or her legitimate rights by applying for information disclosure, filing administrative reconsideration, administrative litigation, etc.

The compensation standard for land expropriation consists of land compensation, resettlement subsidy, attachment compensation and seedling compensation.

1. Land requisition compensation expense items.

1. Land compensation fee.

A kind of economic compensation paid by the land-using unit to the land-expropriated rural collective economic organization for the economic losses caused by the expropriation of its land in accordance with the law.

2. Compensation for BIBS.

A compensation fee paid by the land-using unit to the units and individuals planting the seedlings on the expropriated land if the seedlings are damaged due to land acquisition.

3. Attachment compensation.

A kind of compensation paid by the land-using unit to the person where the land is located due to the damage of the attached objects on the expropriated land, such as houses and other facilities.

4. Resettlement subsidy.

The compensation paid by the land-using unit to the land-expropriated unit for the resettlement of surplus labor caused by land acquisition.

2. Compensation standards for 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. The original land management stipulation that the sum of land compensation and resettlement subsidies shall not exceed 30 times the average annual output value of the land in the three years preceding the expropriation of the land has been deleted from the Land Administration Law on March 26, 2013.

** The expropriation of farmers' land should have a legal project, in accordance with the legal procedures, to give reasonable compensation to the expropriated, first compensation, and then expropriation, any expropriation that violates the above basic principles is illegal expropriation. The expropriated person may refuse to sign the land acquisition compensation and resettlement agreement, and strive for his or her legitimate rights by applying for information disclosure, filing administrative reconsideration, administrative litigation, etc.

There are two ways to negotiate and deal with it: one is to repay the same amount of land, and the other is to pay a one-time compensation according to the average local yield per mu according to the contract period. If the village refuses to deal with the aftermath, it can go to the court to file a lawsuit to resolve the matter.

Article 6 of China's Measures for the Administration of the Circulation of Rural Land Contracted Management Rights stipulates that: "The contracting party has the right to decide on its own in accordance with the law whether the contracted land is to be transferred, and the object and method of such transfer. No unit or individual may compel or obstruct the contracting party from transferring its contracted land in accordance with law."

Article 8 of this Law also stipulates: "Where the contracting party voluntarily entrusts the contract-issuing party or an intermediary organization to transfer its contracted land, the contracting party shall issue a power of attorney for the transfer of land. The power of attorney shall clearly indicate the matters to be entrusted, the scope of authority, the time period, and so forth, and shall be signed or sealed by the client.

Without the written entrustment of the contractor, no organization or individual has the right to decide in any way on the transfer of the contracted land of peasant households."

Article 34 of the Rural Land Contract Law stipulates that "the main body of the circulation of land contract management rights is the contracting party. The contracting party has the right to decide on its own in accordance with the law whether and how the land contracting and management rights are transferred."

Article 63 of the Property Law also stipulates: "Collectively owned property shall be protected by law, and no unit or individual shall be prohibited from encroaching, plundering, privately dividing or destroying it." Where a decision made by a collective economic organization, villagers' committee, or its responsible person infringes upon the lawful rights and interests of a collective member, the injured collective member may request the people's court to revoke it."

According to the above legal provisions, it is wrong for the village to subcontract the land without your consent, and it is recommended that you negotiate with the village to return your land and compensate for the loss. If the negotiation fails, then file a lawsuit with the people's court to resolve the matter according to the following circumstances:

1. If your contracted land is in a situation of abandonment or abandonment, you may take the contract issuing party and a third party as co-defendants and request the people's court to confirm that the contract signed by them is invalid and return the contracted land.

2. If your contract does not abandon farmland or abandon wasteland, request the people's court to not only confirm the invalidity of the contract signed by them and return the contracted land, but also claim compensation for losses.