How to determine the compensation standard of the Seedlings Fee?

Updated on society 2024-04-30
3 answers
  1. Anonymous users2024-02-08

    Compensation for seedlings refers to the economic compensation that the state shall give to the land contractor or land user when the state expropriates the land and the crops are in the growth stage and cannot be harvested.

    The Land Management Law stipulates that compensation shall also be given as appropriate for the expropriated land, the seedlings that have been planted before the land acquisition agreement is drawn up, and the existing above-ground attachments. However, no compensation will be given for the seedlings planted and the above-ground attachments that are rushed to be built after the land acquisition plan is negotiated and signed. 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.

    In practice, the following methods can be followed:

    Compensation standard for green seedlings: If the green seedlings grown on the land before the expropriation are destroyed due to land requisition construction, the land-using unit shall be compensated according to the output and output value of the crops in the field in one season. The specific compensation standard should be determined according to the actual local situation.

    For crops that have just been sown, the cost of production will be compensated according to 1 3 of the output value of one season, and for crops in the growth period, the maximum compensation will be made according to the output value of one season; For grain, oilseeds and vegetable seedlings, if they can be harvested, they will not be compensated, and those that cannot be harvested will be compensated according to one season; For the economic trees that grow for many years, it is necessary to transplant as much as possible, and the land-using unit pays the transplantation fee, if it must be cut down, the land-using unit shall compensate according to the actual value, and for the mature timber trees, the forest right owner shall cut it by himself, and the land-using unit shall only pay the felling man-hour fee, and shall not be compensated.

  2. Anonymous users2024-02-07

    Compensation standard for seedlings fee:

    Land Administration Act

    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 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 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 in need of resettlement shall be four to six times the average annual output value of the cultivated land in the three years prior to the expropriation. However, the resettlement subsidy for each 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.

    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.

    Shandong Province implements the "Land Management Law of the People's Republic of China".

    27th expropriated land attachments and seedlings compensation fees shall be implemented according to the following standards:

    1) The compensation fee for seedlings is calculated according to the output value of one crop;

    2) The trees on the expropriated land, where there are conditions for transplanting, shall be organized to transplant, and the transplanting labor fee and the seedling loss fee shall be paid; If it cannot be transplanted, it can be compensated for the price;

    3) Buildings, structures and other attachments on the expropriated land may be compensated at a discount in accordance with relevant provisions, or new attachments of the same quantity and quality may be given.

    No compensation will be given to the trees, seedlings and buildings and structures that are planted by surprise during the land acquisition period; No compensation shall be paid for the construction of buildings and other facilities on illegally occupied land.

  3. Anonymous users2024-02-06

    Legal Analysis: Compensation Standard for 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. No compensation will be given to grain, oilseeds and vegetable seedlings that can be harvested. For perennial economic trees, it is necessary to transplant as much as possible, and the land-using unit pays the transplantation fee; If it cannot be transplanted and must be cut down, the land-using unit shall compensate according to the actual value.

    For mature trees, they are cut down by the tree owner and no compensation is given.

    Calculation formula of seedling compensation fee: Seedling compensation fee refers to the economic compensation given to land contract management or land users for land contract management or land users who fail to harvest crops in the growing period and fail to harvest the land due to the need to requisition land in a timely manner. The standard of compensation for seedlings is generally calculated according to the output value of a season, and if it is sown soon or the input is small, it can also be calculated according to a certain proportion of the output value of a season.

    The specific standards of compensation for seedlings shall be stipulated and announced by each province, autonomous region and municipality directly under the Central Government.

    Calculation formula: Seedling compensation = annual output value and number of cultivation seasons.

    Legal basis: "Land Management Law of the People's Republic of China" Article 47 Where the State expropriates land, it shall be announced and organized by the local people at or above the county level after approval in accordance with legal procedures.

    If the local people at or above the county level intend to apply for land expropriation, they shall carry out a survey of the current situation of the land to be expropriated and a social stability risk assessment, and announce the scope of expropriation, the current status of the land, the purpose of expropriation, the compensation standard, the resettlement method and social security within the scope of the township (town) and village and villager group where the land is to be expropriated for at least 30 days, and listen to the opinions of the rural collective economic organizations and their members, villagers' committees and other stakeholders who are subject to land expropriation.

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