How should the building occupy a peach tree orchard and how to compensate

Legal analysis: The compensation standard for fruit trees expropriated by the state shall not exceed 80,000 yuan (including 80,000 yuan) per mu. Fresh fruit trees (such as apples, peaches, plums, apricots, etc.).

If the tree is less than 2 years old, 30 yuan per tree will be compensated, the age of the tree will be more than 2 years (including 2 years), each tree will be compensated 60 yuan, the tree age will be less than 3-6 years (including 6 years), the tree will be 280 yuan per plant, the tree age will be less than 6 years to 40 years (including 40 years), and the tree age will be 450 yuan and 350 yuan will be added.

Legal basis: Regulations on the Implementation of the Land Management Law of the People's Republic of China Article 32 Provinces, autonomous regions and municipalities directly under the Central Government shall formulate and publish the comprehensive land price of the area, determine the land compensation fee and resettlement subsidy standard for the expropriation of agricultural land, and formulate the land compensation fee and resettlement subsidy distribution method. The cost of compensation for the attachments and seedlings on the ground shall belong to the owner.

Social security expenses are mainly used for social insurance payment subsidies such as endowment insurance for eligible land-expropriated farmers, and are separately disbursed in accordance with the regulations of provinces, autonomous regions and municipalities directly under the Central Government. Local people at or above the county level who apply for land expropriation shall promptly implement land compensation fees, resettlement subsidies, compensation fees for rural villagers' houses and other above-ground attachments and seedlings, social security expenses, etc., and ensure that the full amount is in place and the funds are earmarked. If the relevant fees are not fully paid, the land expropriation shall not be approved.

Legal analysis: the compensation standard for land requisition fruit trees is: generally speaking, the source is compensated by the tree, but there are also compensation according to the number of acres, different varieties, different specifications, the compensation standard is different, and the country does not have a unified compensation standard, generally by the local ** with reference to their respective conditions to formulate a compensation standard.

Taking apple trees as an example, the average compensation per plant is 90-210 yuan in the early fruiting stage, 210-1200 yuan per plant in the full fruiting stage, and 600 yuan per plant in the decaying stage.

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 fee for the expropriation of cultivated land includes land compensation fee, resettlement subsidy fee, and compensation fee for ground attachments and seedlings; Among them, 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.

Summary. Pro, 1. **Compensation standard for fruit trees occupied.

1. Compensation for fruit treesThe compensation for fruit trees increases gradually according to the type of fruit tree and the age of the tree, and the above-ground objects such as peach trees need to be estimated according to factors such as the age of the tree and whether it is in the full fruiting period. Vegetable plots and greenhouses should look at the annual output value, and the greenhouses should also compensate for the replacement cost of the above-ground objects. If the peach tree is in the cultivation period (1-3 years), the average compensation per tree is 5-45 yuan; At the first fruiting stage (4-8 years), the average compensation per plant is 45-144 yuan; In the peak fruiting period (9-20 years), the average compensation per plant is RMB; The average compensation per plant is 180 yuan for the fruit-decaying period of more than 21 years.

The standards vary from place to place, so it is best to consult with your local land office.

How should the building occupy a peach tree orchard and how to compensate

Pro, 1. **Compensation standard for fruit trees occupied.

1. Compensation for fruit treesThe compensation for fruit trees increases gradually according to the type of fruit tree and the age of the tree, and the above-ground objects such as peach trees need to be estimated according to factors such as the age of the tree and whether it is in the full fruiting period. Vegetable plots and big reputations depend on the annual output value, and the greenhouses also have to compensate for the replacement cost of the above-ground objects. If the peach tree is in the cultivation period (1-3 years), the average compensation per tree is 5-45 yuan; At the first fruiting stage (4-8 years), the average compensation per plant was 45-144 yuan. In the peak fruiting period (9-20 years), the average compensation per plant is RMB; The fruiting period of more than 21 years is 180 yuan per plant.

The standards vary from place to place, so it is best to consult with your local land office.

Legal basis: Article 47 of the Land Management Law shall compensate for the expropriation of land according to the original use of the expropriated land, and the compensation for the expropriation of cultivated land includes land compensation, subsidy for resettlement, and compensation for attachments and seedlings on the ground. The land compensation fee for the expropriation of cultivated land has increased to 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 according to the amount of cultivated land to be expropriated divided by the amount of cultivated land occupied by the expropriated units per capita before land acquisition. 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.

Legal analysis: The national compensation standard for fruit trees expropriated for land provides for different compensation amounts according to the variety and growth period of the fruit trees. Generally, the highest amount of compensation is for the peak fruiting period of the fruit tree, and the lowest amount of compensation is for the cultivation period of the fruit tree.

The state has set a relatively clear compensation standard for common fruit tree varieties (apple trees, pear trees, peach trees, grape trees, jujube trees and chestnut trees), and the uncommon fruit tree varieties are classified as miscellaneous fruit trees, and the compensation amount for the lead cover is lower than that of common fruit tree varieties. For example, for apple trees, the average compensation for each apple tree is 90-210 yuan in the first fruiting period (6-8 years); In the peak fruiting period (9-25 years), the average compensation per plant is 210-1200 yuan; The fruit decay period is more than 26 years, and the average compensation per plant is 600 yuan. For miscellaneous fruit trees, the average compensation for each tree during the cultivation period (1-3 years) is 5-10 yuan; In the early fruiting period (4-10 years), the average compensation per plant is 10-30 yuan; In the peak fruiting period (11-25 years), the average compensation per plant is 30-80 yuan; The fruit-decay period is more than 26 years, and the average compensation per plant is 40 yuan.

However, due to the differences between the people's conditions and the actual economic situation, the compensation standards are also different, and the above content is for reference only, and the compensation standards announced by the local ** department shall prevail. The national compensation standard for fruit trees expropriated for land acquisition stipulates different compensation amounts according to the variety and growth period of fruit trees. Generally, the highest amount of compensation is for the full fruiting period of the fruit tree, and the lowest amount of compensation is for the cultivation period of the fruit tree.

The state has set clear compensation standards for common fruit tree varieties (apple trees, pear trees, peach trees, grape vines, jujube trees and chestnut trees), and the compensation amount for uncommon fruit tree varieties is classified as miscellaneous fruit trees, and the compensation amount is lower than that of common fruit tree varieties.

Legal basis: "Land Management Law of the People's Republic of China" Article 48 Fair and reasonable compensation shall be given 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 compensation standards for the occupied fruit trees are as follows:

1. For apple trees, the average compensation for each apple tree during the cultivation period is 5 to 90 yuan; The average compensation per plant at the first fruiting stage is 90 to 210 yuan; During the peak fruiting period, the average compensation per plant is 210 to 1200 yuan; The fruit decay period is more than 26 years, and the average compensation per plant is 600 yuan.

2. For pear trees, the average compensation for each pear tree during the cultivation period is 5 to 45 yuan; The average compensation per plant at the first fruiting stage is 45 to 144 yuan; The average compensation per plant during the peak fruiting period is 144 to 1200 yuan; The fruit decay period is more than 26 years, and the average compensation per plant is 600 yuan.

3. For peach trees, the average compensation for each tree during the cultivation period is 5 to 45 yuan; The average compensation per plant at the first fruiting stage is 45 to 144 yuan; The average compensation per plant during the peak fruiting period is 144 to 360 yuan; The average compensation per plant is 180 yuan for the fruit-decaying period of more than 21 years.

4. For grape vines, the average compensation for each vine during the cultivation period is 5 to 10 yuan; The average compensation per plant at the early fruiting stage is 10 to 90 yuan; During the peak fruiting period, the average compensation per plant is 90 to 180 yuan; The average compensation per plant is 80 yuan for the fruit-decay period of more than 12 years.

[Legal basis].Article 47 of the Land Management Law of the People's Republic of China.

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.

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 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.