Is there any compensation for the land occupied by road construction in rural areas?

The standards vary from place to place, so you need to check with your local Land and Resources Bureau for reference.

Land Management Law of the People's Republic of China

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 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.

The compensation standards for land expropriation for road construction are: 1. If the land is expropriated, compensation shall be given according to the original use of the expropriated land; 2. The land compensation fee for the expropriated cultivated land shall be six to ten times the average annual output value of the cultivated land in the three years prior to the expropriation; 3. The resettlement subsidy shall be calculated according to the number of agricultural population to be resettled; Wait a minute.

1. Is there any compensation for the land occupied by rural road construction?

1. There is compensation for the land occupied by rural road construction. Land compensation, resettlement subsidies, compensation for above-ground attachments and compensation for seedlings shall be paid according to the original use of the land, and the compensation fee for the expropriated cultivated land shall be six to ten times the average annual output value of the cultivated land in the three years preceding the expropriation.

2. 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 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.

2. What are the relevant policies for road construction in the village?

1. In order to promote the construction of rural roads and improve rural traffic conditions, farmers will also be able to enjoy subsidies given by the state when they build roads, including a subsidy of 50,000 yuan per kilometer of road hardening;

2. The subsidy for the road leading to the peasant households is 10 yuan per meter, and the rest of the road repair costs are funded by the rural collective organizations or raised by the farmers themselves.

[Legal Analysis].For the distribution of these three expenses: the resettlement subsidy and seedling fee are paid directly to the land expropriated people, and the land compensation fee is paid to the village collective. However, the land compensation fee given to the village collective is not owned by the collective, and the expropriated people do not get it at all

The land compensation fee shall be uniformly distributed by the village collective, and the specific division shall be decided by the villagers' congress, but at the time of distribution, or all villagers have the right to divide it equally, and then the village will allocate another land to the land-expropriated person; Or the disadvantage is to allocate some money to the expropriated people as compensation, while the villagers who have not been expropriated will receive less or no share of the land compensation fees.

[Legal basis].Article 410 of the Criminal Law of the People's Republic of China: Where a functionary of a state organ engages in favoritism, violates land management regulations, abuses his power, illegally approves the expropriation, requisition, or occupation of land, or illegally transfers the right to use state-owned land at a low price, and the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; and where the state or collective interests suffer especially heavy losses, a sentence of between three and seven years imprisonment is to be given.

Land Management Law of the People's Republic of China Article 40 of the State expropriation of land, in accordance with the legal procedures after approval, by the local people at or above the county level to be announced and organized. 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 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.

The above is only the current information combined with my understanding of the law, please refer to it carefully!

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.