Is there a new policy for land expropriation, and a new policy for land expropriation

1. According to the regulations, the new policy of land expropriation is as follows: 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. 2, the owner of the expropriated land, the right to use shall, within the time limit specified in the announcement, hold the land ownership certificate to the local people's land administrative departments for land requisition compensation registration.

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, 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 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. 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.

Legal Analysis: The newly amended Land Management Law emphasizes that expropriation can only be carried out if it is necessary for the public interest, and this article lists five specific situations that are in line with the public interest and leaves a catch-all clause. The five specific circumstances under which expropriation can be carried out in accordance with the needs of the public interest are:

land is needed for military reconciliation before diplomacy; ** The organization and implementation of energy, transportation, water conservancy, communications, postal and other infrastructure construction needs land; The public utilities organized and implemented by ** need land; The construction of poverty alleviation and relocation and affordable housing projects organized and implemented by ** requires land; With the approval of the people at or above the provincial level, the development and construction of a piece of land is needed for the implementation of the local people's organization at or above the county level.

Legal basis: "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 for the expropriation of cultivated land includes land compensation, resettlement subsidies, and compensation for above-ground attachments and seedlings.

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 preceding the expropriation. The resettlement subsidy for requisitioned 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 to be expropriated by the average number of cultivated land occupied by the expropriated units before land requisition.

Legal analysis: It is not only pointed out that it is necessary to protect the rights and interests of rural residents in cultivated land and homesteads, ensure the rational and effective use of cultivated land resources, and strengthen the protection of cultivated land. The land expropriation system has also been adjusted accordingly, which clearly states that it is necessary to issue a pre-announcement of land expropriation, and carry out a survey of the current situation of the land to be expropriated and a social stability risk assessment, so as to fully protect the right to know of rural residents of land expropriation, and give rural residents fair and reasonable compensation.

Legal basis: Article 26 of the Regulations for the Implementation of the Land Management Law of the People's Republic of China requires land expropriation, and the local people at or above the county level believe that it meets the provisions of Article 45 of the Land Management Law, shall issue a pre-announcement of land expropriation, and carry out a survey of the current situation of the land to be expropriated and a social stability risk assessment. The pre-announcement of land expropriation shall include the scope of expropriation, the purpose of expropriation, and the arrangements for carrying out land status surveys.

The pre-announcement of land expropriation shall be published within the scope of the township (town) and village and villager group where the land to be expropriated shall be made in a manner that is conducive to public knowledge, and the pre-announcement time shall not be less than 10 working days. From the date of the issuance of the pre-announcement of land expropriation, any unit or individual may rush to plant and build within the scope of the proposed expropriation; In case of rushing to plant and build in violation of regulations, no compensation shall be given to the part of the rush to plant and build. The investigation of the current land situation shall ascertain the location, ownership, type and area of the land, as well as the ownership, type and quantity of rural villagers' houses, other above-ground attachments and seedlings.

The social stability risk assessment shall conduct a comprehensive study and judgment of the social stability risk status of the expropriated land, determine the risk points, and propose risk prevention measures and disposal plans. The social stability risk assessment shall be attended by the land-expropriated rural collective economic organizations and their members, villagers' committees and other stakeholders, and the assessment results shall be an important basis for applying for land expropriation.