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It is impossible for the state to regulate the poor, but the localities have done something different.
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Legal analysis: 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. In accordance with the principles of compensation before relocation and improvement of living conditions, respect the wishes of rural villagers, and give fair and reasonable compensation by means such as rearranging homestead land for construction, providing resettlement housing, or monetary compensation, and compensate for the costs of relocation and temporary resettlement caused by expropriation, so as to protect the rural villagers' right to live and their lawful rights and interests in housing property.
Legal basis: "Land Management Law of the People's Republic of China" Article 48 The standard of land compensation and resettlement subsidy 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 the comprehensive land price of the area. The comprehensive land price of pure celery shall be comprehensively considered factors such as the original use of the 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.
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Hello, there is no specific compensation standard, which needs to be determined in combination with the actual situation, but in principle, the wheel ant cannot be lower than the original living standard of the expropriated person, so in practice, if you feel that the compensation is unreasonable, you can take legal measures to protect your rights and interests.
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1. Compensation shall be given according to 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. 2. The comprehensive land price of land acquisition and formulation 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-announced at least once every three years.
Article 48 of the Land Management Law of the People's Republic of China shall give fair and reasonable compensation 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 pay land compensation fees, resettlement subsidies and compensation fees for rural villagers' houses, other above-ground attachments and seedlings in a timely and full manner in accordance with the law, 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 the comprehensive land price for a district shall comprehensively consider factors such as the original use of the land, the conditions of land resources, the output value of the land, the location of the land, the relationship between land supply and demand, the population, and the level of economic and social development, 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 of rearranging homestead land for construction, providing resettlement housing, or monetary compensation, and compensating for the expenses of relocation and temporary resettlement caused by expropriation, so as to protect the 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 endowment insurance for eligible land-expropriated farmers. The law on 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.
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Hello, there is no specific compensation standard, which needs to be determined in combination with the actual situation.
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Hello, there is no specific compensation standard for land expropriation, which needs to be determined in combination with the actual situation, but the original model is not lower than the original living standard of the expropriated person, so in practice, if you feel that the compensation is lower than this smart standard, it is recommended that the expropriated person protect their rights and interests through legal channels as soon as possible.
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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.
4. ** Expropriation of farmers' land, there should be 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.
Article 47 of the Land Management Law of the People's Republic of China Where land is expropriated by the state, 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 where the land is to be expropriated, and the villagers' sliding group shall be announced for at least 30 days, and the opinions of the land-expropriated rural collective economic organizations and their members, villagers' committees and other stakeholders shall be heard. 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 and user of the land to be expropriated shall be asked by the bureau to register the compensation with the certificate of real estate ownership within the time limit specified in the announcement. 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, there is no specific compensation standard, which needs to be determined in combination with the actual situation, but in principle, it cannot be lower than the original living standard of the expropriated person.
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The national compensation standards for land expropriation are:
1.Compensation standard for cultivated land: the average compensation per mu of dry land is 10,000 yuan; The average compensation per mu for paddy fields is 90,000 yuan; The average compensation per mu for vegetable fields is 150,000 yuan;
2.Compensation standard for expropriation of basic farmland: the average compensation per mu of dry land is 10,000 yuan; The average compensation per mu of paddy fields is 10,000 yuan; The average compensation per mu for vegetable fields is 10,000 yuan;
3.expropriation of forest land and other agricultural land with an average compensation of 10,000 yuan per mu; 4.The average compensation per mu for the expropriation of collective construction land such as industrial and mining construction land, villagers' residences, and roads is 10,000 yuan.
[Legal basis].: Notice of the Ministry of Land and Resources on Printing and Distributing the "Guiding Opinions on Improving the Land Acquisition Compensation and Resettlement System".
1. Compensation standards for land acquisition.
1) Formulate a unified annual output value standard. Provincial-level land and resources departments shall, in conjunction with relevant departments, formulate the minimum unified annual output value standards for cultivated land in counties (cities) within the provincial territory, and report to the provincial-level people for approval before promulgating and implementing them. The formulation of a unified annual output value standard can take into account factors such as the type of cultivated land to be expropriated, the quality of sales, farmers' input to land, agricultural products, and the grade of agricultural land.
2) Determination of the multiple of the unified annual output value. The uniform annual output value multiples of land compensation and resettlement subsidies shall be determined within the scope of law in accordance with the principle of ensuring that the original living standards of land-expropriated farmers are not reduced; If the compensation and resettlement costs for land acquisition calculated according to the statutory uniform annual output value multiple cannot enable the land-expropriated farmers to maintain their original living standards, and it is not enough to cover the social security expenses of landless farmers caused by land acquisition, the multiple shall be increased with the approval of the provincial people's government; If the total amount of land compensation and resettlement subsidy is calculated at 30 times, which is not enough to enable the land-expropriated farmers to maintain their original living standards, the local people shall make overall arrangements and allocate a certain proportion of the income from the paid use of state-owned land to give subsidies. If the basic farmland is occupied with approval in accordance with the law, the compensation for land acquisition shall be implemented according to the highest compensation standard announced by the local people.
3) The formulation of the comprehensive land price of the land acquisition defense area. In areas where conditions permit, the provincial land and resources department may, in conjunction with the relevant departments, formulate the comprehensive land price of the counties (cities) within the provincial area, and report it to the provincial people for approval and then announce the implementation, and implement land acquisition compensation. Factors such as land type, output value, land location, agricultural land grade, per capita amount of cultivated land, land supply and demand, local economic development level, and minimum subsistence security level of urban residents should be taken into account in formulating the comprehensive land price of a region.
4) The distribution of land compensation fees. According to the principle that the land compensation fee is mainly used by the land-expropriated farmers, the land compensation fee should be reasonably distributed within the rural Xinchun collective economic organization. The specific measures for the distribution of the track are formulated by the provincial people.
If the land is fully expropriated, and the rural collective economic organization is revoked at the same time, the land compensation fee shall be used in full balance to help the land-expropriated farmers in production and living resettlement.
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