What is the basis for the compensation for the relocation of the house occupied by the railway land

1. The assessment should be completed by an institution with professional qualifications.

2. The appraisal agency will choose different valuation methods to evaluate the value and explain the calculation principle of the selection.

3. If you are not satisfied with the assessment of the assessment agency, you can submit it to it and request a re-evaluation and correction.

4. You can also choose to sue to protect your rights.

Various types of compensation paid by the demolition and construction unit to the owner or user of the demolished house in accordance with the prescribed standards. Generally, there are:

1) Housing compensation fee (house replacement fee), which is used to compensate for the loss of the owner of the demolished house, is classified according to the structure and depreciation degree of the demolished house, and is calculated according to the unit price of square meters.

2) Turnover compensation fee, which is used to compensate for the inconvenience of temporary residence or self-employment of the residents of the demolished houses, and is divided according to the temporary living conditions, and is subsidized monthly according to the population of the households of the demolished houses.

3) Incentive compensation fee, which is used to encourage the residents of the demolished houses to actively assist in the demolition of the houses or voluntarily give up some rights, such as voluntarily moving to the suburbs or not requiring the demolition units to resettle the housing, and the standards of the compensation fees for house demolition shall be determined by the local people according to the actual local situation and the relevant laws and policies of the state.

The formula for calculating the compensation price of the homestead location and the replacement of the demolished house to the new price is as follows: the compensation price of the house demolition = the compensation price of the homestead location of the homestead + the replacement of the demolished house to the new price.

1) Calculation standards for compensation for house demolition.

1) Monetary compensation for house demolition = legally owned property appraisal** + agreed compensation amount for house decoration and decoration (or compensation amount for house decoration and decoration determined by assessment).

2) The difference in compensation for house demolition = assessment of legally owned real estate** + agreed compensation amount for house decoration or compensation amount for house decoration and decoration determined by assessment) - assessment of the house where the property rights are exchanged by the demolished person**.

2) Calculation standards for housing demolition and resettlement fees.

Housing demolition and resettlement fee = relocation subsidy + temporary resettlement subsidy if no swing house is provided + temporary resettlement subsidy beyond the transition period + compensation for losses caused by the suspension of production and business of non-residential houses.

Note: 1. If the demolition party provides a swing house and the user of the demolition house lives in it, the subsidy for the second item of the formula is 0;

2. If the demolished house is a residential house, the compensation fee for item 4 of the formula is 0;

3. The person being demolished receives compensation, indicating that the house is for his own use.

3) Compensation standards for rural house demolition.

1) If the land-expropriated village or villager group has its system revoked, and if the system has not been revoked but does not meet the conditions for building a house in a different location, the person being demolished can choose monetary compensation or exchange a property right house with the same value as the monetary compensation. Its specific calculation is (demolished + 6 demolished houses, construction and replacement, unit price combined into new + base price of land use right per square meter of construction area of newly built multi-storey commercial housing in the same area + ** subsidy) The floor area of the demolished house;

2) If the system of the village or villager group that has been expropriated is not revoked, and the conditions for building houses in ex-situ are met, the demolished person can apply for new housing on the homestead within the scope of the central village or residential area determined by the overall land use plan of the township (town), and receive the corresponding monetary compensation, which is calculated as the construction area of the demolished house (the unit price of the demolished house is combined with the new ten ** subsidy); The cost of the new homestead used by the person being demolished.

This is the compensation standard for railway land occupation 1, the compensation standard for cultivated land, and the average compensation per mu for dry land is 10,000 yuan. The average compensation per mu for paddy fields is 20,000 yuan. The average compensation per mu for vegetable fields is 30,000 yuan.

2. The basic farmland compensation standard is levied, and the average compensation per mu for 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.

3. The average compensation per mu of forest land and other agricultural land is 10,000 yuan. 4. The average compensation per mu for collective construction land such as industrial and mining construction land, villagers' residences, and roads will be 10,000 yuan. 5. Collect idle land, barren mountains, wasteland, barren beaches, barren ditches and unused land with an average compensation of 10,000 yuan per mu.

2) Other taxes and fees 1 cultivated land occupation tax, calculated at 2 yuan per square meter. 2. The development and construction of commercial vegetable land shall be calculated at 10,000 yuan per mu. 3. The management fee for land acquisition shall be calculated at 3% of the total cost of land acquisition.

It shall be used by the land and resources department in strict accordance with the relevant regulations. 4. Cultivated land occupies and compensates for the balance of land making fees, with an average of 4,000 yuan per mu, which is organized and implemented by the Jilin Provincial Land Acquisition Service Office, and the Provincial Department of Land and Resources is responsible for supervising and accepting. 3) Land requisition work procedures 1 inform the land requisition.

Before submitting the land acquisition for approval in accordance with the law, the local land and resources department shall inform the land-expropriated rural collective economic organizations and farmers in writing of the use, location, compensation standard and resettlement channels of the proposed land acquisition. After the notification, no compensation will be given to the above-ground attachments and seedlings that are planted, planted or built on the land to be acquired. 2. Confirm the results of the land acquisition survey.

The land and resources department, in conjunction with the transportation and forestry departments, shall investigate the current status of the ownership, land type, area and ownership, type and quantity of the attachments to be acquired, and the results of the investigation shall be confirmed with the land-expropriated rural collective economic organizations, farmers and property owners of attachments on the ground, and the relocation offices of each city. 3. Organize land acquisition hearings. Before the land acquisition is submitted for approval in accordance with the law, the land and resources department shall inform the land-expropriated rural collective economic organizations and farmers that they have the right to apply for a hearing on the compensation standards and resettlement channels of the land to be acquired.

If the parties apply for a hearing, they shall organize a hearing in accordance with the procedures and relevant requirements stipulated in the Provisions on Land and Resources Hearings. 4. Sign a land acquisition compensation agreement. The land and resources department shall, in accordance with the compensation standards formulated in this plan, sign a land acquisition compensation agreement with the land-expropriated rural collectives, rough imitation economic organizations and individual farmers, and report the agreement as a necessary part of the land acquisition report, and submit it to the legal aid post bar with the land requisition file.

Shandong has determined that the land requisition for railway construction included in the scope of fees and compensation includes construction land such as railway main lines, stations and supporting facilities, as well as land for ditch reconstruction, road reconstruction, demolition and resettlement. Among them, the standard of cultivated land reclamation fee is 10,000 yuan per mu. The part of the social security funds for land-expropriated farmers shall be subsidized by the railway construction unit.

The specific payment standard is 10,000 yuan per mu if the comprehensive land price of the area is less than 50,000 yuan (including 50,000 yuan); The comprehensive land price of the expropriated area is between 50,000 yuan and 100,000 yuan (including 100,000 yuan), and the comprehensive land price is 150,000 yuan per mu; The comprehensive land price of the expropriated area is more than 100,000 yuan, and the land price is 20,000 yuan per mu.

At the same time, Shandong has also formulated specific standards for annual compensation for temporary land during the construction of railway projects. The standard is that 2,300 yuan per mu should be compensated for occupying agricultural land, and 1,500 yuan per mu for occupying other land. Shandong stipulates that temporary land should pay a land reclamation deposit, and the payment standard is 10,000 yuan per mu for the area occupied by beam yards and prefabricated yards, and 7,000 yuan per mu for other temporary land.

In terms of compensation for land for land extraction, Shandong stipulates that the compensation standard is 30,000 yuan per mu for agricultural land and 20,000 yuan per mu for other land. The land for the soil taking site shall pay a land reclamation deposit of 10,000 yuan per mu.

In the compensation standard for land acquisition for railway construction projects announced this time, Shandong Province ** stipulates that the land compensation fee and resettlement subsidy shall be implemented in accordance with the standards stipulated in the current "Notice on the Implementation of Comprehensive Land Price Standards for Land Acquisition Areas" in Shandong; The compensation standards for seedlings and above-ground attachments shall be formulated in accordance with the standards formulated by each districted city and reported to the provincial departments of finance, land and resources and other departments for approval.

In principle, the compensation standard for railway demolition shall not be lower than the original living standard of the subject of the demolition.

Before land acquisition, a land acquisition announcement should be issued, and there should be a unified compensation standard for land acquisition and relocation in the announcement.

If you do not see the announcement, it means that the land acquisition procedure is not legal, and you can ask for relevant documents, including project approval documents, formal or advance land use approval procedures, etc.

If the formalities are complete, you can ask to see the standard basis of land acquisition and implement it according to the standard. Generally, the standards of cities and counties are inconsistent, and each city sets standards according to its own situation.