How should the land compensation fee be distributed? How to distribute the land compensation fee

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Legal analysis: The distribution of land use compensation is as follows: the land compensation fee shall be owned by the collective, and its distribution scope shall be all members of the collective economic organization; The resettlement subsidy shall belong to the land contractor, which shall be the resettlement compensation for the land contractor's loss of land during the contract period; The compensation fee for seedlings and above-ground attachments belongs to the operating growers and the attachment rights holders, and the specific details can be discussed and decided by the village collective convening a villagers' meeting.

Legal basis: Article 24 of the Interpretation on Issues Concerning the Application of Law in the Trial of Cases Involving Rural Land Contract Disputes provides that a rural collective economic organization or a villagers' committee or villagers' group may, in accordance with the democratically agreed procedures prescribed by law, decide to distribute the land compensation fees already received within the collective economic organization. When the land requisition compensation and resettlement plan is determined, the person who already has the membership of the collective economic organization, and requests the payment of the corresponding share, shall be supported.

However, local regulations, autonomous regulations, special regulations, and local regulations that have been reported to the Standing Committee of the National People's Congress and filed with the National People's Congress have other provisions on the distribution of land compensation fees within rural collective economic organizations.

According to the first paragraph of Article 26 of the Regulations for the Implementation of the Land Management Law, the distribution rules for land compensation fees are: land compensation fees belong to rural collective economic organizations; The compensation fee for above-ground attachments and seedlings belongs to the owners of above-ground attachments and seedlings. The specific distribution plan shall be subject to the land requisition compensation and resettlement plan.

Paragraph 2 of Article 26 of the Regulations for the Implementation of the Land Management Law stipulates that the resettlement subsidy for land expropriation must be earmarked and shall not be diverted for other purposes. Where the persons who need to be resettled are resettled by the rural collective economic organization, the resettlement subsidy shall be paid to the rural collective economic organization and shall be managed and used by the rural collective economic organization; if it is resettled by other units, the resettlement subsidy shall be paid to the resettlement unit; Where unified resettlement is not required, the resettlement subsidy shall be paid to the individual resettled person or used to pay the resettled person's insurance expenses after obtaining the consent of the resettled person.

Paragraphs 1 and 2 of Article 26 of the Regulations for the Implementation of the Land Management Law.

The land compensation fee is owned by the rural collective economic organization; The compensation fee for above-ground attachments and seedlings belongs to the owners of above-ground attachments and seedlings.

The resettlement subsidy for the expropriation of land must be earmarked for the exclusive use of the world funds and shall not be diverted for other purposes. Where the persons who need to be resettled are to be resettled by the rural collective economic imitation infiltration organization, the resettlement subsidy shall be paid to the rural collective economic organization, which shall be managed and used by the rural collective economic organization; if it is resettled by other units, the resettlement subsidy shall be paid to the resettlement unit; Where unified resettlement is not required, the resettlement subsidy shall be paid to the individual resettled person or used to pay the resettled person's insurance expenses after obtaining the consent of the resettled person.

The land compensation fee is six to ten times the average annual output value of the cultivated land in the three years preceding the expropriation, and is generally owned by the rural collective economic organization. The compensation fee for above-ground attachments and seedlings shall be owned by the owners of the above-ground attachments and seedlings, and the resettlement subsidy shall be paid to the rural collective economic organization, which shall be managed and used by the rural collective organization. According to Article 47 of the Land Management Law, 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 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. Article 47 of the Land Management Law provides that 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.