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The ownership of the land expropriated by the Highway Bureau will be transferred to the state, and of course the corresponding compensation will be given.
Article 47 of the Land Management Law of the People's Republic of China stipulates that where land is expropriated, 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. 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.
Therefore, each province and municipality has its own land compensation fee, resettlement subsidy, and compensation standards for attachments and seedlings on the expropriated land. I don't know which province or city you are, it is recommended that you go to your own provincial and municipal land and resources bureau to check, there must be this provision.
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The court's decision is whether the land continues to be used by you or whether the ownership of the land belongs to you.
2. Whether the land has a land ownership certificate.
3. Whether the highway bureau will give compensation when expropriating land.
4. According to the Land Management Law, after land expropriation, the ownership of land is changed from collective to state-owned, and the land that is not used temporarily can be cultivated by the original collective, but the land ownership is not changed. For more information, please refer to the Land Management Act.
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Legal analysis: If the land has been compensated, it has nothing to do with the original land contractor, and the unit and village collective that expropriated the land shall be handled through negotiation.
Legal basis: Land Management Law of the People's Republic of China
Article 17: The overall land use plan shall be prepared in accordance with the following principles: (1) Implement the requirements for the development and protection of land and space, and strictly control land use; (2) Strictly protect permanent basic farmland and strictly control the occupation of agricultural land by non-agricultural construction; (C) improve the level of land conservation and intensive utilization; (4) Coordinate the arrangement of urban and rural production, living and ecological land, meet the reasonable needs of rural industrial and infrastructure land, and promote the integrated development of urban and rural areas; (5) Protecting and improving the ecological environment and ensuring the sustainable use of land; (6) The quantity and quality of cultivated land occupied and reclaimed cultivated land are balanced and commensurate.
Article 18: The State shall establish a territorial spatial planning system. The compilation of territorial spatial planning shall adhere to the principle of ecological priority, green and sustainable development, scientifically and orderly make overall arrangements for ecological, agricultural, urban and other functional spaces, optimize the structure and layout of territorial space, and improve the quality and efficiency of territorial spatial development and protection. Territorial spatial planning approved in accordance with the law is the basic basis for all kinds of development, protection and construction activities.
Where land and spatial planning has already been prepared, the overall land use plan and urban and rural planning shall no longer be compiled.
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All land expropriation must be the responsibility of local people**. Other units are not allowed to levy.
Before the state requisitions the land, the state will pay the corresponding levy fee to oblige and annihilate, and once it is expropriated, it will no longer let private individuals**. 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 land user's investment and development of the land, 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 include both direct and indirect losses to the land user.
Land use rights are divided into state-owned land use rights and collective land use rights. Land use rights are divided into state-owned land use rights and collective land use rights. Once the land use right is determined to be protected by law, no unit or individual may infringe upon it, but due to the occurrence of certain statutory reasons stipulated in laws and regulations or the violation of laws and regulations by the land use right holder, the people who originally approved the land use or the people who have the right to approve may take back the land and exercise the right.
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Summary. Hello! Kiss.
The land on both sides of rural roads that has been expropriated by the state is under the management of *** or above the county level. The expropriation of land is managed by ***, or by the *** management at or above the county level. Since the rights and interests of land users will be harmed after land expropriation, the process of expropriation must be legal.
Before land acquisition, it is necessary to draw up a compensation plan by means of on-site investigation and negotiation with the land expropriated person for land acquisition compensation.
Hello! Kiss. The land on both sides of the rural highway that has been expropriated by the state belongs to the first or the first rotten liquid pipe at or above the county level.
The expropriation of land is managed by ***, or by the *** management at or above the county level. Since the rights and interests of land users will be harmed after land expropriation, the process of expropriation must be legal. Before land acquisition, it is necessary to take pre-emptive methods such as on-site investigation and negotiation with the land expropriated person for land acquisition compensation, and the proposed compensation plan for the hungry person should be determined.
Article 35 of the Land Management Law involves the conversion of agricultural land or land expropriation, which must be approved by the People's Republic of China. Article 46 The expropriation of the following land shall be approved by the People's Republic of China: (1) permanent basic farmland; (2) Cultivated land other than permanent basic farmland exceeds 35 hectares; (3) Other land exceeding 70 hectares.
The expropriation of land other than the provisions of the preceding paragraph shall be approved by the people of the provinces, autonomous regions and municipalities directly under the Central Government.
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Summary. Legal basis: Article 47 of the Land Management Law If 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.
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.
Hello, dear, I am very happy to answer for you. The land on both sides of the rural highway that has been expropriated by the state is under the control of the Land Bureau.
Legal basis: Article 47 of the Land Management Law If 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. 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 the relevant Shenxian fees for burial in the town, ensure that the full amount is available at the auction site, and sign an agreement with the owner and user 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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If this is the case, then the other party has the right to terminate the contract, and the only compensation that can be given to you is the compensation for the seedlings, which is to give a little compensation for the crops you are planting now, and nothing else. If it is not a force majeure reason such as state expropriation, it depends on how the contract was agreed at that time and executed according to the contract. If the contract does not stipulate a clause for early termination, the two parties need to negotiate a settlement, and the party who fails to negotiate can sue the court.
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