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How to compensate for collective land expropriation? What is the compensation standard?
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1. The land compensation fee is generally six to ten times the average annual output value of the cultivated land in the three years preceding the expropriation.
2. The resettlement subsidy for land expropriation shall be calculated according to the number of agricultural population to be resettled. The number of agricultural population to be resettled in need of hail shall be 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 acquisition.
3. Compensation standard for green seedlings, for crops that have just been sown, one-third of the quarterly output value will be compensated for the cost of production. For crops in the growth period, the maximum compensation is based on the output value of the first quarter.
Fourth, the compensation standard for other attachments, the expropriation of land needs to be relocated to railways, public wide roads, high-voltage wires, communication lines, broadcasting lines, etc., according to the specific situation and the relevant departments to negotiate, the preparation of investment estimates, included in the preliminary design budget for approval.
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.
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According to China's "Regulations on the Expropriation and Compensation of Houses on State-owned Land", if the expropriation of individual residences and the expropriated person meets the conditions for housing security, the people at the city and county levels who made the decision to expropriate the housing shall give priority to housing security. Specific measures are to be formulated by provinces, autonomous regions, and municipalities directly under the Central Government.
The compensation for the value of the expropriated house shall not be lower than the market for similar real estate of the expropriated house on the date of the announcement of the expropriation decision**. The value of the expropriated house shall be assessed and determined by the real estate appraisal agency with corresponding qualifications in accordance with the housing expropriation appraisal method. If there is any objection to the value of the expropriated house determined by the assessment, it can apply to the real estate appraisal agency for a review of the assessment.
If there is any objection to the review result, you can apply to the real estate appraisal expert committee for appraisal. Housing expropriation assessment measures by the competent department of housing and urban-rural construction, in the process of formulation, should be open to the public to solicit opinions.
Legal basis: Article 18 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land stipulates that if the expropriated person meets the conditions for housing security in the expropriation of individual residences, the people at the city and county levels who make the decision to expropriate the houses shall give priority to housing security. Specific measures are to be formulated by provinces, autonomous regions, and municipalities directly under the Central Government.
Article 19 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land stipulates that the compensation for the value of the expropriated houses shall not be lower than the market for similar real estate of the expropriated houses on the date of the announcement of the expropriation decision**. The value of the expropriated house shall be assessed and determined by the real estate appraisal agency with corresponding qualifications in accordance with the housing expropriation appraisal method.
If there is any objection to the value of the expropriated house determined by the assessment, it can apply to the real estate appraisal agency for a review of the assessment. If there is any objection to the review result, you can apply to the real estate appraisal expert committee for appraisal.
Housing expropriation assessment measures by the competent department of housing and urban-rural construction, in the process of formulation, should be open to the public to solicit opinions.
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The compensation standard for collective land acquisition is to compensate according to the original use of the land, pay the land compensation fee, resettlement subsidy and compensation fee for the attachments and seedlings on the ground in full, and arrange the social security expenses of the land-expropriated people at the same time.
[Legal basis].Article 48 of the Land Administration Law.
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. 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.
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Hello, rural collective land is expropriated, generally there is no specific compensation standard, but in principle, the compensation given to the expropriated person shall not be lower than its original living standard, if it is lower than this principle, then it is unreasonable, and the expropriated person can take legal measures to protect their rights and interests.
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Article 25 The expropriation of land shall be paid in accordance with the following standards: Land compensation fees: :(1) Vegetable fields in towns and their suburbs, vegetable fields in industrial and mining areas, and intensive fish ponds shall be nine to ten times the average annual output value of the land in the three years preceding the expropriation; (2) Paddy fields, garden lands and vegetable fields other than those provided for in subparagraph (1) of this Article shall be eight to nine times the average annual output value of the land in the three years preceding the expropriation; (3) Dry land and artificial grassland, which shall be six to eight times the average annual output value of the land in the three years preceding the expropriation; (4) Grasslands other than forest lands, reed ponds and artificial pastures, and aquaculture waters other than intensive fish ponds, which are four to six times the average annual output value of the adjacent dry fields in the previous three years; (5) Other land, which is two to four times the average annual output value of the adjacent dry land in the previous three years. Article 26 The resettlement subsidy for the expropriation of income-bearing land other than cultivated land shall be compensated in a lump sum at four to six times the average annual output value of the expropriated land in the previous three years.
Article 27 The compensation fee for seedlings of the expropriated land shall be calculated according to the output value of a cultivation period; No compensation will be given for those who can harvest as scheduled. Seedlings, flowers and plants, and perennial economic forest trees that can be transplanted shall pay for the transplantation; If it cannot be transplanted, reasonable compensation shall be given or purchase at a price. The compensation standard for attachments on the expropriated land shall be agreed upon by both parties; If the agreement fails, the assessment agency with assessment qualifications recognized by both parties or designated by the people of the city (state) or county (city) shall confirm it through assessment.
Before land expropriation, the people of the city (state) and county (city) shall issue a notice of proposed land acquisition to the land-expropriated unit. After the notice of proposed land acquisition is served, no compensation will be given for the newly planted crops, trees and newly built facilities on the land to be expropriated; If the land is not requisitioned on time and causes losses to the owner or user of the expropriated land, the people of the city (prefecture) and county shall be compensated. If the vegetable land in the suburbs of the city is expropriated, the development and construction of the new vegetable land shall be paid, and the cultivated land reclamation and transportation fee shall not be paid.
Development and construction of new vegetable land**, mainly used for the development and construction of new vegetable land in the city. The charging standard for the development and construction of new vegetable plots is calculated according to the average annual output value of the land in the three years before it is occupied: 12 to 15 times that of Changchun City and Jilin City; Siping City, Liaoyuan City, Tonghua City, Baishan City, Baicheng City, Binai Songyuan City, Yanji City are eight to twelve times; Other counties (cities) and industrial and mining areas are six to eight times.
The land compensation fee for the state-owned agricultural land occupied by the state-owned agriculture, forestry, animal husbandry and fishery grounds, as well as the compensation fee for the attachments and seedlings on the ground, may be compensated with reference to the corresponding standard of the expropriated land. Typing is not easy, such as satisfaction, hope.
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