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Anonymous users2024-02-10Each province and city is slightly different, you can refer to Article 47 of the Land Management Law If the 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. 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 subsidy for the resettlement of 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 resettlement subsidy per 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.
To expropriate vegetable land in the suburbs of the city, the land-using unit shall pay for the development and construction of new vegetable land in accordance with the relevant provisions of the State.
In accordance with the provisions of the second paragraph of this article, the payment of land compensation fees and resettlement subsidies cannot enable the peasants who need to be resettled to maintain their original living standards, and the resettlement subsidies may be increased with the approval of the people of the provinces, autonomous regions, and municipalities directly under the Central Government. However, the sum of the land compensation fee and the resettlement subsidy shall not exceed 30 times the average annual output value of the land in the three years preceding the expropriation.
According to the level of social and economic development, under special circumstances, the standards of land compensation and resettlement subsidies for cultivated land may be raised.
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Anonymous users2024-02-09The compensation is made by the province to which the land belongs.
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Anonymous users2024-02-08Legal analysis: The national compensation standard for high-speed land acquisition is that land compensation, resettlement subsidies and compensation for above-ground attachments and seedlings should be paid according to the original use of the land.
Legal basis: Article 48 of the Land Management Law of the People's Republic of China Fair and reasonable compensation shall be given for land expropriation 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.
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Anonymous users2024-02-07The land occupied by the construction of expressways belongs to the land requisitioned by the state for construction, and the law stipulates that the land requisitioned by the state construction shall be compensated by the land-using unit. The compensation fee for the expropriation of cultivated land shall be 3 to 6 times the average annual output value of the cultivated land in the three years prior to the expropriation. The standards for compensation 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 compensation standards for the expropriation of cultivated land.
Article 27 of the Land Management Law of the People's Republic of China stipulates that land requisitioned by the state for construction shall be compensated by the land-using unit. The compensation fee for the expropriation of cultivated land shall be 3 to 6 times the average annual output value of the cultivated land in the three years prior to the expropriation. The standards for compensation 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 compensation standards 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. Requisition of vegetable land in the suburbs of the city, the land-using unit shall, in accordance with the relevant provisions of the State, pay for the development and construction of new vegetable land**. Article 28 stipulates that when the state requisitions land for construction, the land-using unit shall pay the resettlement subsidy in addition to the compensation fee.
The resettlement subsidy for requisitioned 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 to be expropriated by the average amount of cultivated land occupied by the land-expropriated units before land acquisition. The standard of resettlement subsidy for each agricultural population in need of resettlement shall be the resettlement subsidy for the expropriated cultivated land, and the maximum shall not exceed 10 times the average annual output value of the three years prior to the expropriation.
The standards for resettlement subsidies for requisitioned other land shall be prescribed by provinces, autonomous regions and municipalities directly under the Central Government with reference to the standards for resettlement subsidies for requisitioned cultivated land.
Article 17 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land.
The compensation given to the expropriated person by the people at the city and county level who made the decision to expropriate the house includes:
1) Compensation for the value of the expropriated house;
2) Compensation for relocation and temporary resettlement caused by the expropriation of housing;
3) Compensation for the loss of production and business suspension caused by the expropriation of housing. The people at the municipal and county levels shall formulate subsidies and incentives to give subsidies and rewards to the expropriated persons.
Article 21.
The expropriated person can choose monetary compensation or exchange of property rights. If the expropriated person chooses to exchange the property rights of the house, the people at the city and county levels shall provide the house for the exchange of property rights, and calculate and settle the difference between the value of the expropriated house and the value of the house used for the exchange of property rights with the expropriated person.
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Anonymous users2024-02-06Legal Analysis: 1. The compensation fee for the expropriation of cultivated land for the construction of expressways shall be 3 to 6 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 requisitioned for the construction of expressways shall be calculated according to the number of agricultural population to be resettled. The number of agricultural population to be resettled is calculated by dividing the amount of cultivated land to be expropriated by the average amount of cultivated land occupied by the land-expropriated units before land acquisition.
3. The compensation standards for attachments on the expropriated land and green seedlings in rotation shall be prescribed by the provinces, autonomous regions and municipalities directly under the Central Government.
Legal basis: Civil Code of the People's Republic of China Article 117: Where immovable or movable property is expropriated or requisitioned in accordance with the authority and procedures prescribed by law for the needs of the public interest, fair and reasonable compensation shall be given.
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