Land use rights and compensation, land use rights stipulate how to compensate

The right to contract and manage this land still belongs to your family, and the relationship between your family and the lessee is the transfer of land contract and management rights. If the land is expropriated during the circulation period, then the compensation for the attachments on the ground belongs to the lessee, for example, the original compensation for the pig shed belongs to the attachment compensation and belongs to the lessee, and the compensation for the land and the resettlement subsidy belong to your family as long as they are issued to the farmers.

Article 20 of the Law of the People's Republic of China on the Administration of Urban Real Estate Article 20 The State shall not take back the land use rights obtained by land users in accordance with the law before the expiration of the service life agreed in the transfer contract; Under special circumstances, according to the needs of the public interest, it may be recovered in advance in accordance with legal procedures, and corresponding compensation shall be given according to the actual years of use of the land by the land user and the actual situation of the development of the land.

Article 58th of the Land Management Law of the People's Republic of China in any of the following circumstances, by the relevant people's land administrative departments reported to the original approval of the people or the people with the right to approve the approval, you can recover the right to use State-owned land:

A) the use of land for the public interest;

2) For the implementation of urban planning for the reconstruction of the old city, it is necessary to adjust the use of land;

C) land transfer and other paid use of the contract agreed upon the expiration of the term, the land user does not apply for renewal or the application for renewal is not approved;

D) due to the revocation of units, relocation and other reasons, stop using the original allocation of State-owned land;

5) Roads, railways, airports, mines, etc. that have been approved for scrapping.

Where the State-owned land use right is recovered in accordance with the provisions of items (1) and (2) of the preceding paragraph, the land use right holder shall be given appropriate compensation.

Real Estate Valuation Specification

6 7 Valuation of compensation for land acquisition and house demolition.

6 7 1 Compensation valuation for land acquisition and house demolition is divided into compensation valuation for land expropriated by rural collectives (referred to as land acquisition valuation) and compensation valuation for houses and their appurtenances on state-owned land in demolished cities (referred to as demolition valuation).

6 7 2 The valuation of land acquisition shall be carried out in accordance with the Land Management Law of the People's Republic of China, as well as the implementation measures formulated locally and other relevant regulations.

6 7 3 Demolition valuation shall be carried out in accordance with the Regulations on the Administration of Urban Housing Demolition and Relocation and the implementation rules and other relevant provisions formulated by the local government.

6 7 4 In accordance with the regulations, no compensation shall be paid for the demolition of illegal buildings and temporary buildings beyond the approved period; Appropriate compensation shall be given for the demolition of temporary structures that have not exceeded the approved period.

6 7 5 If the compensation is carried out, the replacement of the house announced according to the local ** can be determined and announced** after deducting the land** and then combined with the new valuation of the building.

6 7 6 When the above-ground houses of the land use right obtained by way of transfer or transfer of compensation in accordance with the law need to be demolished and relocated according to the public interest, if the land use right is deemed to have been recovered in advance, the compensation valuation of the land use right shall be included in the compensation valuation for the demolition. The valuation of such compensation for land use rights shall be carried out on the basis of the normal market ** corresponding to the remaining years of the land use rights.

Accordingly, according to the above-mentioned legal provisions, if the expropriation of housing involves the recovery of the transferred state-owned land use rights, the land use right holder is entitled to the following compensation: 1. The market appraisal price of the land use right for the remaining years, and 2. The land transfer fee for the remaining years. In general, the market appraisal value of the expropriated house should include compensation for land use rights.

Northern Land Demolition Rights Protection Network.

Hello, compensation should be made to the owner, you can consult the local ** relevant departments.

There is no compensation for the sale of land, only compensation for the houses on the land, including compensation for the value of the houses, and compensation for the necessary relocation and temporary resettlement.

1. What are the contents of housing demolition compensation?

Paragraph 1 of Article 17 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land stipulates that compensation for house demolition includes compensation for the value of the expropriated house, compensation for relocation and temporary resettlement caused by the expropriation of the house, and compensation for the loss of production and business suspension caused by the expropriation of the house.

Article 22 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land stipulates that if the relocation is caused by the expropriation of the house, the housing expropriation department shall pay the relocation fee to the expropriated person; If the property rights of the house are exchanged, the housing expropriation department shall pay the temporary resettlement fee or provide the swing house to the expropriated person before the property right exchange house is delivered.

Second, the demolition of the factory building 70 years ago, how to compensate after the demolition.

If the house is expropriated due to public needs, the ** department that made the decision will assess the value of the house, and pay the expropriated person housing value compensation costs, relocation expenses, resettlement fees, and compensation costs for the suspension of production and business according to the assessment results. The expropriation department will negotiate with the expropriated person and sign a compensation agreement.

3. Compensation standards for the demolition and relocation of Feidong enterprises.

Under normal circumstances, there are usually two types of compensation methods for demolition and relocation of Feidong enterprises: first, property rights exchange compensation. Generally includes:

Compensation for the value of Fangqiao Huwu, relocation and temporary resettlement, compensation for loss of production and business suspension, demolition subsidies and incentives, housing decoration compensation and compensation for relocation of household appliances and equipment; Second, monetary compensation for demolition and relocation usually includes: compensation for the value of the house, temporary relocation and relocation expenses.

Article 24 of the Regulations on the Administration of Urban Housing Demolition stipulates that the amount of monetary compensation shall be determined by the real estate market appraisal according to the location, use, construction area and other factors of the demolished house. The specific measures shall be formulated by the people of the provinces, the self-rock elimination districts, and the municipalities directly under the Central Government.

Legal analysis: the land use right should be compensated for the corresponding compensation, for the public interest need to use the land for the repentance of the hand and for the implementation of urban planning for the reconstruction of the old city, the need to adjust the use of land, is due to the need to use the land and the land user can not continue to use the land, so the land user should be given appropriate compensation. Duan suspicion.

Legal basis: "Land Management Law of the People's Republic of China" Fifth land administrative departments are responsible for the management and supervision of land throughout the country.

Legal analysis: The compensation fee for land acquisition consists of land compensation fee, resettlement subsidy fee, and compensation fee for above-ground attachments and seedlings. It is a compensatory and resettlement fee paid to the land-expropriated villages and land-expropriated farmers in the process of expropriating land from the original collective ownership to state ownership.

Therefore, the nature of the compensation fee for land acquisition is the cost that should be borne in accordance with the law when the land ownership is "transferred", and if there is a "pass-on" behavior of the land user, it should be calculated in the compensation cost when compensating. According to relevant laws and regulations, the demolition of houses shall be compensated and resettled by the demolished persons. For the person being demolished, the compensation fee for demolition is the compensation for the loss of the right to use the house and land; For land-using units, the demolition compensation fee is the fee paid for obtaining the land use right.

Therefore, the nature of the compensation fee for demolition and relocation is the compensation fee paid to the person being demolished due to the "change of hands" of the land use right. The cost belongs to the development costs that should be borne before the transfer, and if there is a "pass-through" to the developer, compensation should be given when the cost of land compensation is recovered.

Legal basis: "Land Management Law of the People's Republic of China" Article 47 Where the State expropriates land, 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 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 of the land to be expropriated and the person who has the right to use the land shall, within the time limit specified in the announcement, go through the registration of compensation with the proof of ownership of the immovable property. 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.

Land compensation standards: 1. Compensation standards for expropriated 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. Levy the compensation standard for basic agricultural land and grinding land; 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. The average compensation per mu for the expropriation of forest land and other agricultural land is 10,000 yuan. 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.

5. The average compensation per mu for the expropriation of idle land, barren hills, wasteland, barren beaches, barren ditches and unused land is 10,000 yuan. (2) Other taxes and fees 1. Cultivated land occupation tax shall be calculated at 2 yuan per square meter. 2. The development and construction of commercial vegetable land shall be calculated at 10,000 yuan per mu.

3. The management fee for land acquisition shall be calculated at 3% of the total cost of land acquisition. It shall be used by the land and resources department in strict accordance with the relevant regulations. 4. The cultivated land occupation and compensation balance land making fee, with an average of 4,000 yuan per mu, is used as a whole, and the Provincial Department of Land and Resources is responsible for supervising and accepting.

Legal basis

Article 2 of the State Land Compensation Law The People's Republic of China implements the socialist public ownership of land, that is, the ownership of the whole people and the collective ownership of the working masses. Ownership by the whole people, i.e. ownership of state-owned land is exercised by *** on behalf of the state. No unit or individual may occupy, buy, sell, or illegally transfer land in any other form.

Land use rights may be transferred in accordance with law. The State may, for the sake of the public interest, expropriate or expropriate land in accordance with the law and provide compensation. The State implements a system of paid use of state-owned land in accordance with the law.

However, the State shall not allocate the right to use state-owned land within the scope prescribed by law.

1. Classification of land use rights.

1.The right to use state-owned land refers to the right of the user of state-owned land to use the land and obtain income in accordance with the law. State-owned land use rights can be obtained in the following ways: allocation, transfer, lease, and shareholding.

State-owned land use rights acquired for compensation may be transferred, leased, mortgaged, and inherited in accordance with law. The allocated land use right can only be transferred, leased or mortgaged after completing the transfer procedures and paying the land use right transfer fee or paying the land use right transfer fee.

2.The right to use collective land refers to the right of the user of collective land to use the land and obtain income in accordance with the law. Farmers' collective land use rights can be divided into agricultural land use rights, homestead land use rights, and construction land use rights.

The right to use agricultural land refers to the right to use land for members of rural collective economic organizations or units and individuals other than rural collective economic organizations engaged in planting, forestry, animal husbandry and fishery production. The right to use homestead land refers to the right to use the residential land of rural villagers. The right to use construction land refers to the right to use the land for the construction of township (town) enterprises and public facilities and public welfare undertakings by rural collective economic organizations.

In accordance with the provisions of the Land Management Law, the right to use agricultural land is obtained through a contract between the contract issuer and the contractor. The right to use the homestead and the right to use the land for construction shall be obtained through the application of the land user and the approval of the people at or above the county level in accordance with the law.

2. Compensation for land use rights.

According to the latter part of Article 19 of the Law on the Administration of Urban Real Estate, if the state withholds the land use right in advance, it shall "give corresponding compensation according to the actual years of use of the land by the land user and the actual situation of the land development". Since the state terminates the land use right transfer contract ahead of schedule and recovers the land use right, it will inevitably cause losses to the land user, and the state will give corresponding compensation, which is in line with the principles of the Civil Code.

This compensation is divided into two cases:

1) Pay the compensation fee for the remaining period of land use right.

When the right to use is withdrawn in advance, the transferor shall negotiate with the land user to determine the compensation fee based on factors such as the remaining period of the land use right, the use of the land, the investment and development of the land by the land user, the land price at the time of transfer and the land price at the time of resumption. The rate of compensation depends on the loss of the land user. In general, the costs to be compensated should be proportionate to the direct and indirect losses of the land user.

2) Exchange other land use rights.

That is, the transferor negotiates with the user to exchange the right to use another fast land with the right to use the land to be recovered. At the time of exchange, the two parties agree on the compensation fee for the recovered land use right and the transfer fee for the land use right in exchange. If a land user obtains the land use right through exchange, it shall re-sign the land use right transfer contract with the transferor and go through the registration formalities.