The National Law on Compensation for Requisitioned Building Land, how to compensate for land expropr

Land expropriation shall compensate for the inputs and profits collected and demolished on the land, compensate for the difficulties caused by the loss of land, provide one-time economic compensation for the crops that grow, and compensate for the buildings and structures on the ground.

Article 48 of the Land Management Law shall be expropriated in accordance with the law, in a timely manner, Daxin Jujube shall pay the land compensation fee, resettlement subsidy and compensation for rural villagers' residences, other above-ground attachments and seedlings, etc., and arrange the social security expenses of the 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 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.

Legal analysis: compensation standards for construction land: :(1) If cultivated land is expropriated, the land compensation fee shall be between 6 and 10 times the first annual output value of the cultivated land in the three years before it is expropriated; In the case of expropriation of other land, the land compensation fee shall be 5 to 6 times the average annual output value of the adjacent cultivated land in the previous three years; If the green seedlings on the expropriated land can calculate the output value, they shall be compensated according to the output value, and reasonable compensation shall be given if the output value cannot be calculated; The compensation standards for above-ground attachments such as buildings and structures on the expropriated land shall be reasonably compensated with reference to the market.

No compensation shall be given for rushing to plant or build after the announcement of the land expropriation plan. (2) In the case of requisitioned cultivated land, the standard of resettlement subsidy for each agricultural population in need of resettlement shall be 4 to 6 times the average annual output value of the cultivated land in the three years preceding the expropriation, but the resettlement subsidy per hectare of requisitioned cultivated land shall not exceed 15 times the average annual output value of the cultivated land in the three years prior to the expropriation. For the expropriation of other land with income, the standard of resettlement subsidy is 4 to 6 times the average annual output value of adjacent cultivated land in the previous three years, and the resettlement subsidy is not paid for land without income.

3) In accordance with the provisions of the payment of land compensation and resettlement subsidies, can not be used to maintain the original living standards of the peasants who need to be resettled, with the approval of the provincial people, can increase the resettlement subsidy. However, 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 prior to the expropriation.

Legal basis: Regulations on the Administration of Urban Housing Demolition and Relocation Article 14 If the house managed by the housing demolition management department needs to be demolished, the demolition compensation and resettlement agreement must be notarized by a notary public and the evidence preservation shall be handled.

1. Red brick asbestos tile house: 150 yuan square meter. 2. Red brick iron roof:

180 yuan square meter. 3. Red brick house: 240 yuan square meter.

4. Simple iron shed: 70 yuan square meters. 5. Simple asbestos tile shed:

50 yuan square meter. 6. Bamboo linoleum asbestos tile shed: 40 yuan square meters.

7. Green canopy: 40 yuan square meters. 8. Manually digging wells:

200 yuan cubic meters. 9. Hand crank well: 300 yuan.

The evaluation method is reset ** and combined into a new settlement. If relocation is involved, the expropriated party shall compensate the requisitioned unit for the relocation costs incurred by the expropriated unit due to the land acquisition. The relocation cost shall be determined by the two parties through negotiation or by entrusting an appraisal agency.

If the operation is involved, the land expropriated party shall appropriately compensate the direct business losses incurred by the land-expropriated unit due to land acquisition. The amount of compensation is the average of the three-month profit after tax for the first three years from the date of signing the agreement. For the relocation of graves, only the relocation costs will be compensated.

Article 48 of the Land Management Law 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 comprehensive land prices. 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 the expropriation of land other than agricultural land, above-ground attachments and seedlings shall be formulated by the provinces, autonomous regions and municipalities directly under the Central Government.

For the houses of rural villagers, in accordance with the principles of compensation before relocation and improvement of living conditions, 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 compensating for the expenses of relocation and temporary resettlement caused by expropriation, so as to protect the rural villagers' right to live and their legitimate rights and interests in housing property.

The compensation fee for construction land is the amount paid by the land-using unit to the land-expropriated unit in accordance with the law when the national construction needs to requisition the construction land. Its essence is the state's compensation for the long-term investment and investment of the land-expropriated unit in the expropriated land. The compensation standard for land acquisition refers to the standard for comprehensive calculation of land acquisition compensation according to the division of the area within the scope of land use determined by the overall plan of the municipal administrative district, according to the land type, the annual output value of the land, the registration of land location, the grade of agricultural land, the number of cultivated land per capita, the relationship between land supply and demand, the level of local economic development and the guarantee of the minimum living standard of urban residents.

The adjustment of the compensation standard for demolition and relocation shall be announced by the people of the city and county. China's law stipulates that all localities should adjust the compensation standard for land acquisition every 2 to 3 years according to the level of economic development and the growth rate of local per capita income, and gradually increase the level of compensation for land acquisition. Provinces that have implemented compensation standards for land acquisition beyond the specified number of years will not be allowed to pass the land use review if they do not adjust them in time.

All kinds of specific compensation standards shall be priced by the district and county price bureaus according to the local economic level and per capita income level.

The determination of the compensation standard for land acquisition for construction land needs to be combined with the following information. 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. Determination of the average annual output value of the land in the three years before the land is expropriated (compensation standards 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, it shall prevail. 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.

1. Compensation for land acquisition for construction land.

1. Land compensation fee is 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 green seedlings is a kind of compensation paid by the land-using unit to the units and individuals who planted the green seedlings on the expropriated land or the green seedlings in Wangzao due to land acquisition.

3. Attachment compensation fee, a compensation fee paid by the land-using unit to the person where the attachment on the expropriated land, such as houses and other facilities, is damaged due to land acquisition.

4. Resettlement subsidy, the compensation paid by the land-using unit for the resettlement of the surplus labor force caused by the land acquisition by the land-using unit.

2. Ways to resolve disputes over compensation for shirts.

1. Disputes over compensation standards shall first be coordinated by the county level or above, and if the coordination fails, the people who approve the expropriation of land shall adjudicate.

2. Disputes over the distribution of compensation costs, which are disputes over the auction of civil tombs, are party committees or rural collective economies and villagers, and can be resolved through civil litigation.

3. Disputes over the disclosure of land requisition information are administrative disputes, which can be resolved by the parties through administrative reconsideration and administrative litigation.