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Land requisitioned for national construction shall be compensated according to the following standards: :(1) Requisition of basic farmland, compensation shall be 8-10 times of the annual output value of local cultivated land; (2) Requisitioning irrigated cultivated land and fishing ponds other than basic farmland shall be compensated at 7-9 times the annual output value of local cultivated land; (3) Requisitioning dry farmland other than basic farmland shall be compensated at 7-8 times the annual output value of the local cultivated land; (4) Requisition of forest land, artificial grassland, homesteads, rural roads, threshing floors and other land, according to 6-7 times the annual output value of local cultivated land; (5) Requisition of natural grassland, compensation shall be 6 times the annual output value of local grassland. Large-scale key construction projects such as transportation and water conservancy approved by the state and autonomous regions shall be subject to the expropriation of the preceding paragraph.
For the land in items 1, 2, 3 and 4, the compensation standard shall be 6 times the annual output value of the local cultivated land. The annual output value of all types of cultivated land and grassland shall be calculated according to the average annual output value of the three years prior to the expropriation, and the standards for land compensation and resettlement subsidies for other land shall be determined by provinces, autonomous regions and municipalities directly under the Central Government with reference to the standards for land compensation and resettlement subsidies for 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.
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According to the provisions of China's Land Management Law and relevant laws and regulations, if farmland in rural areas is converted into roads due to land expropriation, the compensation standards are as follows: 1. Land compensation fee: The compensation fee shall be six to ten times the average annual output value of the cultivated land in the three years before it is expropriated; 2. Resettlement subsidy:
The resettlement fee is calculated on the basis of the size of the family, and each population is four to six times the average annual output value of the cultivated land in the three years preceding the expropriation, etc. At the same time, there is also a compensation fee for above-ground attachments and seedlings, and the cost is set by the province, autonomous region and municipality directly under the Central Government. 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 districts 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 in the form of re-arranging homestead land for construction, providing resettlement housing, or monetary compensation, and compensation shall be made for the relocation and temporary resettlement expenses caused by expropriation, so as to protect the rural villagers' right to live and their legitimate 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 premiums 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.
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The six costs of land expropriation must be paid attention to.
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Beijing demolition lawyer Jia Qihua, hello, when the land is expropriated, the compensation to be given to the expropriated person includes compensation for the land, attachments on the ground, resettlement subsidies and housing expenses for rural villagers, etc., in principle, it cannot be lower than the original living standard. The compensation fee and resettlement subsidy for the land are determined according to the comprehensive land price of the area.
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If the occupation of farmland in rural areas to build roads cannot enable the land-expropriated farmers to maintain their original living standards, and are insufficient to pay the social security expenses of landless farmers caused by land acquisition, the multiple shall be increased with the approval of the provincial people; If the total amount of land compensation and resettlement subsidy is calculated at 30 times, which is not enough to enable the land-expropriated farmers to maintain their original living standards, the local people shall make overall arrangements and allocate a certain proportion of the income from the paid use of state-owned land to give subsidies. If the basic farmland is occupied with approval in accordance with the law, the compensation for land acquisition shall be implemented according to the highest compensation standard announced by the local people.
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Rural areas occupy farmland to build roads, and village collectives should be given the same contracted land for exchange.
If there is no land, it can be exchanged. Compensation should be given according to the standard of land acquisition.
The content of compensation includes seedling fee, land resettlement fee, ground building compensation fee, etc.
You can consult your local land management department for specific criteria.
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Legal Analysis: The compensation for the expropriation of cultivated land includes land compensation, resettlement subsidies, and compensation for above-ground attachments and seedlings. 1. 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 prior to the expropriation.
2. The resettlement subsidy for 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 subsidy for the resettlement of each hectare of cultivated land that has been expropriated shall not exceed 15 times the average annual output value of the three years preceding the expropriation.
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, subsidy for resettlement of rotten sails, and compensation for ground attachments and seedlings.
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