How to compensate for damage to farmers crops due to water conservancy construction?

Updated on Three rural 2024-04-03
9 answers
  1. Anonymous users2024-02-07

    Compensation rates are not generalized.

    1) If the crops are damaged solely because of the construction, and not the land is occupied, then the compensation standard is based on the actual loss, and is not less than the actual loss.

    2) If the construction of water conservancy facilities directly on the contracted land, rather than just being affected by the construction and damaging part of the crops, then compensation shall be made in accordance with the procedures of land acquisition.

    Because the land price is different in different places, the specific compensation can only refer to the similar situation in the neighboring areas, so that you can get a little idea.

    Please refer to the legal information below:

    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. 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.

  2. Anonymous users2024-02-06

    If the water conservancy is damaged, how can the farmer pay less? This has to follow the national policy, some local policies are different, and the losses are different. So the new reservoir, but you have to pay compensation, so that it will help the farmers to a certain extent.

  3. Anonymous users2024-02-05

    Compensation according to the amount of local land.

  4. Anonymous users2024-02-04

    Intentional destruction of cultivated land, if the circumstances are not serious, violates the Land Management Law, and may be ordered to make corrections or rectification within a time limit, and may be fined. If the circumstances are serious, they shall be suspected of the crime of intentional destruction of cultivated land, and shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and/or a fine in accordance with the provisions of Article 342 of the Criminal Law.

    Judicial interpretation of the crime of destroying others' cultivation and grinding land.

    This article is about the crime of illegally occupying cultivated land, forest land and other agricultural land, causing a large amount of destruction of cultivated land, forest land and other agricultural land and its criminal punishment.

    On August 31, 2001, the 23rd Session of the Standing Committee of the Ninth National People's Congress passed the Amendment (II) to the Criminal Law of the People's Republic of China, which amended this article and added provisions on the investigation of criminal liability for illegal occupation of forest land and other agricultural land.

    "Violation of land management regulations" in this article refers to the violation of land management law, forest law, grassland law, mineral resources law and other laws and administrative regulations on land management. According to the provisions of the Land Management Law, land is divided into agricultural land, construction land and unused land according to use. "Agricultural land" refers to land directly used for agricultural production, including cultivated land, forest land, grassland, farmland water conservancy, aquaculture water surface, etc.

    "Cultivated land" refers to the land where crops are grown, and also includes vegetable plots and garden plots. Among them, the garden land includes nurseries, flower beds, tea gardens, orchards, mulberry gardens and other land planted with economic forests. "Forest land" mainly includes arbor woodland above canopy density, bamboo woodland, shrub woodland, sparse forest land, Wuzao group felling land, fire land, undeveloped afforestation land, nursery land and suitable forest land planned by the people at or above the county level.

    "Illegal occupation of cultivated land, forest land and other agricultural land" refers to the conversion of cultivated land into construction land or other uses without approval or fraudulent approval, or the unauthorized occupation of forest land for construction or reclamation of forest land for planting, breeding, quarrying, sand mining and other activities in violation of the overall land use plan or plan. "Change of the use of occupied land" refers to the illegal occupation of cultivated land, forest land, grassland and other agricultural land, engaging in construction, mining, breeding and other activities on the occupied agricultural land without going through the approval procedures for the conversion of agricultural land, land requisition, and approval procedures for occupation in accordance with the law, and changing the original use of agricultural land as provided for in the overall land use plan.

  5. Anonymous users2024-02-03

    It is reasonable and lawful to demand appropriate financial compensation.

  6. Anonymous users2024-02-02

    Legal analysis: 1. Land compensation fee: six times the annual output value of the suburbs of the provincial municipalities; Other suburbs, industrial and mining areas and county-administered towns shall be compensated at five times the annual output value; Other regions are compensated at four times the annual value of production.

    The by-products of various crops (excluding vegetables) in cultivated land are calculated as 15-20 of the annual output of main products per mu. 2. Compensation for seedlings: 60-80% of the quarterly output value of the planted seeds; Those that have been cultivated but not planted are calculated at 40-60% of the quarterly output value.

    3. Compensation for attachments: formulated by the provincial people, after the site selection is determined, the newly added attachments will not be compensated.

    Legal basis: "Land Management Law of the People's Republic of China" Article 30 Those who occupy cultivated land shall pay land compensation, seedling compensation and attachment compensation in accordance with the regulations. The specific criteria are as follows:

    1. Land compensation fee: six times the annual output value of the suburbs of the provincial municipalities; Other suburbs, industrial and mining areas and county-administered towns shall be compensated at five times the annual output value; Other regions are compensated at four times the annual value of production. The by-products of various crops (excluding vegetables) in cultivated land are calculated as 15-20 of the annual output of main products per mu.

    2. Compensation for seedlings: 60-80% of the quarterly output value of those that have been planted; Those that have been cultivated but not planted are calculated at 40-60% of the quarterly output value. 3. Compensation for attachments:

    Formulated by the provincial people, after the site selection is determined, the newly added attachments will not be compensated.

  7. Anonymous users2024-02-01

    Hello, I'm glad to answer for you, this can be dealt with by the police, the standard for filing a case of the crime of destroying farmland Article 67 of the "Notice of the Supreme People's Procuratorate and the Ministry of Public Security on Printing and Distribution" stipulates as follows: If the case of illegal occupation of agricultural land (Article 342 of the Criminal Law) is caused to the destruction of a large amount of cultivated land, forest land and other agricultural leased dry land, if one of the following circumstances is suspected, a case shall be filed for prosecution: violating land management laws and regulations, illegally occupying cultivated land to build kilns, building graves, building houses, digging sand, quarrying, mining, taking late soil, Piling up solid wastes or carrying out other non-agricultural construction, causing serious damage or serious pollution to the planting conditions of cultivated land, and the amount of cultivated land destroyed reaches the above provisions, it is "causing a large amount of destruction of cultivated land" as provided for in this article.

  8. Anonymous users2024-01-31

    Summary. Hello, I am happy to answer for you what to do if the farmland water conservancy is destroyed; The destruction of farmland and water conservancy is an illegal act, and the punishment for destroying water conservancy facilities is as follows: if the amount has reached the standard for conviction of the crime of intentional destruction of property, the penalty shall be up to three years imprisonment, criminal detention or a fine; if it does not constitute a criminal offense, it is a public security case and is to be detained not less than 5 years but not more than 10 years, and may be concurrently fined not more than 500 yuan; where the circumstances are more serious, they are to be detained between 10 and 15 ri, and may be concurrently fined up to 1,000 RMB.

    Hello, I am happy to answer for you what to do if the farmland water conservancy is destroyed; The destruction of farmland and water conservancy is an illegal act, and the punishment for destroying water conservancy facilities is as follows: the amount has reached the standard for conviction of the crime of intentional destruction of property, and the penalty will be up to three years imprisonment, criminal detention or a fine; If it does not constitute a criminal landslide crime, it is a public security case, and it is to be detained for not less than 5 years but not more than 10 ri, and may be fined not more than 500 yuan; and where the circumstances are more serious, they are to be detained for between 10 and 15 years, and may be concurrently fined up to 1,000 RMB.

    Legal basis]: Article 33 of the "Law of the People's Republic of China on the Management and Punishment of Public Security Rent Deficiency" shall be detained for between 10 and 15 years: (1) Theft or damage to oil and gas pipelines and facilities, electric power and telecommunications facilities, radio and television facilities, water conservancy and flood control engineering facilities, or public facilities such as hydrological monitoring, surveying, meteorological surveying, environmental monitoring, geological monitoring, and geospatial reputation and earthquake monitoring;

  9. Anonymous users2024-01-30

    Summary. The penalties for sabotage of water conservancy facilities are as follows: if the amount has reached the standard for conviction of the crime of intentional destruction of property, the penalty shall be imprisonment of not more than three years, criminal detention or a fine; if it does not constitute a criminal offense, it is a public security case and is to be detained for not less than 5 days but not more than 10 days, and may be concurrently fined up to 500 RMB; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB.

    The penalties for sabotage of water conservancy facilities are as follows: if the amount has reached the standard for conviction of the crime of intentional destruction of property, the penalty shall be imprisonment of not more than three years, criminal detention or a fine; if it does not constitute a criminal offense, it is a public security case, and he shall be detained for not less than 5 days but not more than 10 days, and may be fined up to 500 yuan concurrently with the mausoleum; where the Spring Festival is more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB.

    Strengthen the legal system and strictly prohibit the destruction of water conservancy facilities: 1It is necessary to vigorously publicize the importance of protecting farmland water conservancy facilities through various means, so that the broad masses of cadres and the masses will consciously safeguard farmland water conservancy facilities.

    Cha Mengxin 2The judicial and public security departments should seriously investigate and deal with those who illegally occupy, destroy, and steal water conservancy facilities, and if the circumstances are serious enough to constitute a crime, they should be punished in accordance with the law. 3.

    In areas where water conservancy facilities are currently seriously damaged, it is suggested that the province or county issue a notice in the name of the province or county, explicitly prohibiting it, and select some major and important cases to punish according to law, so as to stop the unhealthy trend of destroying water conservancy facilities. 4.All localities may, according to their needs, with the approval of the provincial-level people, set up public security agencies in large-scale water conservancy projects, and their staffing and funds shall be adjusted and resolved by the water conservancy departments, and the public security business shall be led by the local public security organs.

    5.In the future, if the new capital construction of Zhisoi is detrimental to the facilities and benefits of the existing water conservancy project, it shall consult with the water conservancy project management unit in advance and be responsible for compensating for the loss.

    Legal basis]: Article 33 of the "Public Security Administration Punishment Law of the People's Republic of China" provides that anyone who commits any of the following acts shall be detained for not less than 10 days but not more than 10 days: (1) Theft or damage of oil and gas pipelines and facilities, electric power and telecommunications facilities, radio and television facilities, water conservancy and flood control engineering facilities, or public facilities such as hydrological monitoring, surveying, meteorological surveying, environmental monitoring, geological monitoring, and monitoring; (2) Moving or destroying boundary markers, boundary pillars, or other border markers, border facilities, or territorial sea markers;

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