What should I do if the road construction takes up my family s arable land?

Find ** to compensate.

Article 47 of the Land Management Law of the People's Republic of China 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 land compensation and resettlement subsidies 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.

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. Local standards can be consulted with the local land and resources bureau.

According to Article 100 of the SPC's Opinions on the Principle of Civil Communication, if one party must pass on the land used by the adjacent party, it shall be allowed.

Therefore, if that person has to expand the road from your land, it should be allowed in principle, but the impact and damage should be minimized, and if the damage caused to you can be claimed for compensation.

Although the law says so, I agree with the view upstairs that it is better to mediate with the villagers.

It is recommended that you first ask the village committee to mediate, after all, the neighbors will not look up and see each other.

If it really doesn't work, send me an email to I will find you a legal basis (I am a law major).

If the road construction in the village occupies the land of the person concerned, compensation should be given according to the original use of the specific expropriated land. The specific compensation is as follows.

1. Land compensation fee: The land compensation fee for requisitioned cultivated land shall be six to ten times the average annual output value of the cultivated land in the three years before the expropriation;

2. Resettlement subsidy, resettlement subsidy for requisitioned cultivated land, calculated according to the number of agricultural population to be resettled;

3. Compensation for above-ground attachments and seedlings.

Land Management Law of the People's Republic of China

Article 47.

If the state expropriates land, after approval in accordance with legal procedures, the local people at or above the county level shall make a public announcement and organize the implementation.

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.

Legal Analysis: If the village occupies the villagers' land by building roads, then the corresponding compensation standard is to compensate according to the original use of the specific expropriated land, including:

First, the land compensation fee, which is six to ten times the average annual output value of the cultivated land in the three years preceding the expropriation of the cultivated land.

Second, the resettlement subsidy.

Third, compensation for ground attachments and seedlings.

Legal basis: "Land Management Law of the People's Republic of China" Article 48 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 livelihoods are 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.

Hello dear, if the village builds a road and occupies the land of the villagers, the villagers can request compensation or reissue the same area of land through the village committee, and if the village committee and the village collective refuse, they can go to the court to file a lawsuit. Although it is said that the road repair in the village is the behavior of the collective villagers to benefit, but if the personal interests of the villagers are damaged due to the road construction, the personal consent and compensation should be obtained, and the parties cannot be forced to make dedication. Finally, I wish you good health and a good mood!

To request compensation, the compensation standard for the land occupied by the rural repair of the leakage tong road should be determined according to the actual situation. Farmers who have been searched and guessed to occupy the land can also choose the idea of one-time compensation, and the compensation will be given to the farmers in a lump sum.

Legal basis

Land Administration Act

Compensation can be given to peasants, and the compensation standard for land occupied by rural road construction should be determined according to the actual situation. Farmers who are occupied by the land can also choose a one-time compensation, and the compensation will be given to the farmers in a lump sum.

1. Compensation standards for rural house demolition.

Compensation Standards for Rural House Demolition 2022:

1. The compensation for the demolition of rural houses is based on the location, floor area, decoration, and items in the park.

2. The compensation method is monetary side stool compensation, that is, one-time cash compensation, the lowest compensation standard is the construction cost price of the house plus the compensation of the land, and the property right exchange is rebuilt by the local government and provided to the land expropriated, and the compensation standard is the demolition of one and the compensation of one in the same location;

3. The calculation method of the compensation for demolition and relocation is the total amount of subsidy, and the compensation for the difference in the price of the house is compensated for the new house.

2. On the issue of expropriation before the expiration of the land contract.

If the contract is not expired, there is no need to claim compensation for the expropriation of land, and the state will compensate you. The high standards for land compensation fees 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 law does not provide for a uniform standard of compensation.

The specific compensation standard can be consulted locally**. Where rural land is expropriated, the land compensation money shall be owned by the village collective, not the compensation given to the peasants. As for how the village collectives should distribute the land compensation, it shall be discussed and decided by the villagers' congress or the villagers' congress.

3. Compensation standards for mulberry trees for land acquisition.

The compensation for the expropriation of trees shall not only be in accordance with Article 48 of the Land Management Law, but 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 provisions of Article 48 of the Land Management Law, and the social security expenses of the land-expropriated farmers shall be arranged. At the same time, it is necessary to make a comprehensive assessment based on the actual situation of the tree, such as the growth cycle, land area, land nature, local economic level, etc.

Article 48 of the Law of the People's Republic of China on the Management of Land Relatives and Brothers after the compensation and resettlement plan for land acquisition is determined, the relevant local people shall make an announcement and listen to the opinions of the land-expropriated rural collective economic organizations and farmers.