National Law on Compensation for Peasants Land Occupied by Natural Gas

Updated on Three rural 2024-03-28
8 answers
  1. Anonymous users2024-02-07

    The compensation standards for the expropriation of farmers' land for national natural gas construction vary from place to place, and the specific details should be inquired by the local Land and Resources Bureau, and the expropriation of land should be publicly announced. The levy standards are as follows.

    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. 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.

    According to the level of social and economic development, under special circumstances, the standards of land compensation and resettlement subsidies for cultivated land may be raised.

  2. Anonymous users2024-02-06

    Rural and urban areas are also different, consult the local land management department. Hope.

  3. Anonymous users2024-02-05

    Legal Analysis: The compensation standard for the expropriation of farmers' land for the expropriation of farmland, which is six to ten times the average annual output value of the cultivated land in the three years prior to the expropriation of the cultivated land, varies from place to place and under special circumstances. The number of agricultural population that needs to be resettled, the land-using unit shall, in accordance with the relevant provisions of the State, pay for the development and construction of new vegetable land, and it is not yet possible to maintain the original living standard of the farmers who need to be resettled.

    Where land is expropriated, compensation shall be given in accordance with the original use of the expropriated land and the level of economic development, and the standards for land compensation and resettlement subsidies for expropriated cultivated land may be increased. Compensation standards for land acquisition for natural gas pipelines.

    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. The determination of the average annual output value of the land in the three years before the land is expropriated (the compensation standard 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.

    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 expropriation of farmers' land should have a legal project, in accordance with the legal procedures, to give reasonable compensation to the expropriated, first compensation, and then expropriation, any expropriation that violates the above basic principles is illegal expropriation. The expropriated person may refuse to sign the land acquisition compensation and resettlement agreement, and strive for his or her legitimate rights by applying for information disclosure, filing administrative reconsideration, administrative litigation, etc.

    The current law stipulates that compensation shall be given according to the original use of the expropriated land, and the sum of the land compensation fee and the resettlement subsidy shall not exceed 30 times the average annual output value of the three years prior to the expropriation. However, in reality, there are often cases where the land transfer fee after the auction and listing transaction is much higher than the land acquisition compensation, and it is the huge price difference that leads to the frequent occurrence of land acquisition contradictions.

    Collective land expropriation refers to the act of the state expropriating land originally owned by peasant collectives into state ownership through legal procedures for the needs of the public interest.

    The current law stipulates that compensation shall be given according to the original use of the expropriated land, and the sum of the land compensation fee and the resettlement subsidy shall not exceed 30 times the average annual output value of the three years prior to the expropriation. However, in reality, there are often cases where the land transfer fee after the auction and listing transaction is much higher than the land acquisition compensation, and it is the huge price difference that leads to the frequent occurrence of land acquisition contradictions.

    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 level of economic development, and the standard of land compensation and resettlement subsidies for the expropriation of cultivated land may be increased.

  4. Anonymous users2024-02-04

    Legal analysis: 1. Land compensation and resettlement subsidies.

    The land compensation fee is calculated according to the standard of the area of land expropriated and the area where it is located, regardless of the type of land: 16,000 yuan per mu in the first class of areas; The second-class area is 15,000 yuan. The resettlement subsidy is calculated according to the number of rural population transferred to non-resettlement, and the standard of resettlement subsidy for each non-resettled agricultural population is 35,000 yuan.

    2. Compensation for seedlings and above-ground structures (attachments).

    The compensation for green seedlings is calculated according to the cultivated area of the expropriated land, and the standard is 2,000 yuan.

    Legal basis: "People's Republic of China land requisition compensation standards" 11th land expropriation programme by the municipal people's ** land administrative departments in accordance with the relevant provisions of the State to formulate, approved in accordance with the law; Municipal people's ** shall approve the land acquisition organs, approval number, the location of the expropriated land, use, scope, area and the location and duration of land requisition compensation registration, etc., in the township (town, office) and village, group where the expropriated land is located, and organize the implementation.

  5. Anonymous users2024-02-03

    Summary. Hello, it's a pleasure to answer for you. The compensation standards for the occupation of farmland occupied by natural gas exploitation are as follows: 1. The average compensation per mu of dry land is 10,000 yuan.

    2. The average compensation per mu for paddy fields is 90,000 yuan. 3. The average compensation per mu for vegetable fields is 150,000 yuan. 3. Compensation standards for occupying basic farmland 1. The average compensation per mu of dry land is 10,000 yuan.

    2. The average compensation per mu of paddy fields is 10,000 yuan. 3. The average compensation per mu of vegetable fields is 10,000 yuan. 4. In accordance with the provisions, if there is a dispute over the compensation standard, the local people at or above the county level shall coordinate; If the coordination fails, the people's ** who approved the expropriation of the land shall make a ruling.

    5. The land compensation fee shall be owned by the rural collective economic organization, and the compensation fee for the above-ground attachments and seedlings shall be owned by the owners of the above-ground attachments and seedlings. The people's land administrative departments at or above the county level shall supervise and inspect the violations of land laws and regulations. Sixth, without approval or fraudulent means to obtain approval, illegal occupation of land, by the people's land administrative departments at or above the county level shall be dealt with, constituting a crime, criminal responsibility shall be pursued in accordance with law.

    Hello, it's a pleasure to answer for you. The compensation standards for the occupation of agricultural land by natural gas exploitation are as follows: 1. The average compensation per mu of Hengtian before drought is 10,000 yuan. 2. The average compensation per mu for paddy fields is 90,000 yuan.

    3. The average compensation per mu for vegetable fields is 150,000 yuan. 3. Compensation standards for occupying basic farmland 1. The average compensation per mu of dry land is 10,000 yuan. 2. The average compensation per mu of paddy fields is 10,000 yuan.

    3. The average compensation per mu of vegetable fields is 10,000 yuan. 4. In accordance with the provisions, if there is a dispute over the compensation standard, the local people at or above the county level shall coordinate; If the coordination fails, the people who approve and approve the expropriation of the land shall adjudicate. 5. The land compensation fee shall be owned by the rural collective economic organization, and the compensation fee for the above-ground attachments and seedlings shall be owned by the owners of the above-ground attachments and seedlings.

    The people's land administrative departments at or above the county level shall supervise and inspect the violations of land laws and regulations. Sixth, without approval or fraudulent means to obtain approval, illegal occupation of land, by the people's land administrative departments at or above the county level shall be dealt with, constituting a crime, criminal responsibility shall be pursued in accordance with law.

    The following is a related extension, I hope it will be helpful to you: Article 47 of the Land Management Law, 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 is six hail to ten times the average annual output value of the cultivated land for the three years before it was expropriated.

    The resettlement subsidy for the expropriation of cultivated land shall be calculated according to the number of agricultural population to be resettled, and calculated according to the amount of cultivated land to be expropriated divided by the average amount of cultivated land occupied by the expropriated units before land requisition. The standard of resettlement subsidy for each agricultural population in need of resettlement is four to six times the average annual output value of the cultivated land in the three years preceding the expropriation.

  6. Anonymous users2024-02-02

    Legal analysis: If the land is expropriated, compensation shall be given according to 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 amount of cultivated land occupied by the expropriated units.

    The standard of resettlement subsidy for each agricultural population in need of resettlement is four to six times the average annual output value of the cultivated land in the three years prior to the expropriation. However, the resettlement subsidy for each 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 expropriated other land shall be prescribed by provinces, autonomous regions and municipalities directly under the Central Government with reference to the standards for land compensation and resettlement subsidies for expropriated 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.

    Legal basis: "Land Expropriation Law of the People's Republic of China" Article 27 The examination and approval authorities shall organize direct negotiations between the applicant for land use and the expropriated person and other interested parties, and the two parties shall reach a consensus on the signing of the Agreement on Land Acquisition Compensation and Resettlement

  7. Anonymous users2024-02-01

    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. The determination of the average annual output value of the land in the three years before the land is expropriated (the compensation standard 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.

    1. Circumstances in which permanent basic farmland can be occupied:

    1. Major construction projects that are clearly supported by *** and ***.

    2. Military and national defense.

    3. Transportation (airports, railways, highways).

    4. Energy.

    5. Water conservancy.

    6. In order to implement the major decisions and deployments, the competent investment department or the competent investment department shall support and approve the transportation, energy and water conservancy infrastructure projects in conjunction with relevant departments. In the case of occupying permanent basic farmland, not only the parties who illegally occupy the land will be punished accordingly, but also the relevant persons in charge who fail to strictly implement the land management system will also be punished to varying degrees.

    Legal basis

    Land Management Law of the People's Republic of China

    Article 48.

    Fair and reasonable compensation shall be given for land expropriation, so as to ensure that the original living standards of land-expropriated farmers are not reduced and their long-term livelihood is 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 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.

    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 pension 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.

  8. Anonymous users2024-01-31

    Natural gas land compensation under the land.

    Compensation standard for cultivated land expropriation The average compensation per mu for 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.

    Compensation standards for basic farmland 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.

    The average compensation per mu for the expropriation of forest land and other agricultural land is 10,000 yuan.

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