Compensation for land occupation compensation compensation standard, land occupation compensation st

Judging from the situation you described, it is legal for you to occupy the land and build the factory with the approval of the relevant departments. If you are demolished, you will be compensated for the investment in building the factory, at least according to the standard of the local demolition of the factory (it is to compensate the factory building and not the land price, because the land use right certificate does not belong to you).

Legal analysis: 1. Land compensation fee. The land compensation fee is generally 6 to 10 times the average annual output value of the cultivated land in the three years preceding the expropriation.

2. Resettlement subsidy for land acquisition. Calculated according to the number of agricultural population that needs to be resettled. 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 work. 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.

4. Compensation standards for other attachments. If the expropriation of land requires the relocation of railways, highways, high-voltage power lines, communication lines, broadcasting lines, etc., it is necessary to negotiate with the relevant departments according to the specific situation, prepare an investment estimate, and include it in the preliminary design budget estimate for approval.

Legal basis: 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 make the decision on housing expropriation 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 losses caused by the suspension of production and business caused by the expropriation of houses.

The people at the municipal and county levels shall formulate subsidies and incentives to give subsidies and rewards to the expropriated persons.

Legal analysis: The compensation costs for the expropriation of cultivated land include land compensation, resettlement subsidies, and compensation for above-ground attachments and seedlings. The land compensation fee for the expropriated cultivated land shall be six to ten times the average annual output value of the cultivated land in the three years preceding the expropriation.

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 expropriated units before land acquisition. The standard of resettlement subsidy for each agricultural population in need of resettlement is 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 expropriated other land shall be prescribed by provinces, autonomous regions and municipalities directly under the Central Government with reference to the standards for land compensation and resettlement subsidies for expropriated 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 on the outskirts of the city, the land-using unit shall, in accordance with the relevant provisions of the state, pay for the construction of new vegetable land**. 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 land expropriation.

According to the level of social and economic development, under special circumstances, the standards of land compensation and resettlement subsidies for expropriated cultivated land may be raised.

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.

Most of the members of the land-expropriated rural collective economic organizations believe that the compensation and resettlement plan for land acquisition does not comply with the provisions of laws and regulations, and the local people at or above the county level shall organize a hearing, and modify the plan in accordance with the provisions of laws and regulations and the hearing.

The owner or user of the land to be expropriated shall, within the time limit specified in the announcement, go through the compensation registration with the proof of immovable property ownership. Local people at or above the county level shall organize relevant departments to calculate and implement the relevant expenses, ensure that the full amount is in place, and sign an agreement with the owner and user of the land to be expropriated on compensation and resettlement; If it is indeed difficult to reach an agreement on an individual case, it shall be truthfully explained when applying for land expropriation.

After the completion of the relevant preliminary work, the local people at or above the county level can apply for land expropriation.

Land Compensation Standards:

1. Compensation standards for expropriation of cultivated land;

The average compensation per mu of dry land is 10,000 yuan.

The average compensation per mu for paddy fields is 90,000 yuan.

The average compensation per mu for vegetable fields is 150,000 yuan.

2. Expropriation of basic farmland compensation standards;

The average compensation per mu of 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 for the expropriation of forest land and other agricultural land is 10,000 yuan.

4. The average compensation per mu for the expropriation of collective construction land such as industrial and mining construction land, villagers' houses, and roads is 10,000 yuan.

5. The average compensation per mu for the expropriation of idle land, barren hills, wasteland, barren beaches, barren ditches and unused land is 10,000 yuan.

2) Other taxes and fees.

1. The cultivated land occupation tax is 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. The cultivated land occupation and compensation balance land making fee, with an average of 4,000 yuan per mu, is used as a whole, and the Provincial Department of Land and Resources is responsible for supervising and accepting.

Legal basis: Article 2 of the State Land Compensation Law The People's Republic of China implements the socialist public ownership of land, that is, the ownership of the whole people and the collective ownership of the working people.

Ownership by the whole people, i.e. ownership of state-owned land is exercised by *** on behalf of the state.

No unit or individual may occupy, buy, sell, or illegally transfer land in any other form. Land use rights may be transferred in accordance with law.

The State may, for the sake of the public interest, expropriate or expropriate land in accordance with the law and provide compensation.

The State implements a system of paid use of state-owned land in accordance with the law. However, the State shall not allocate the right to use state-owned land within the scope prescribed by law.

The compensation standards for land occupation are as follows:

1. Land compensation fee. The land compensation fee is generally 6 to 10 times the average annual output value of the cultivated land in the three years preceding the expropriation.

2. Resettlement subsidy for land acquisition. Calculated according to the number of agricultural population that needs 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;

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 work. 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 the economic trees that have been growing for many years, they should be transplanted as much as possible, and the land-using unit should pay 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.

Article 48 of the Land Management Law of the People's Republic of China.

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 expropriation of land shall be paid in full and in a timely manner in accordance with the law, as well as the compensation fees for rural villagers' houses, other above-ground attachments and seedlings, etc., and arrange for the social security expenses of the 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' residences shall be based on the principles of compensation before relocation and improvement of living conditions, respect the wishes of rural villagers, and give fair and reasonable compensation by means such as rearranging homestead land for construction, providing resettlement housing, or monetary compensation, and compensate for the costs of relocation and temporary resettlement caused by expropriation, so as to protect rural villagers' right to live and their lawful rights and interests in housing property.

1. What is the compensation standard for land occupation?

1. The compensation standards for land occupation are as follows:

1) The standard of land acquisition compensation costs shall be stipulated in the land acquisition compensation and resettlement plan approved by the city and county;

2) The determination of the average annual output value of the land in the three years before the land is expropriated shall be subject to the unit price of the statistical annual report of the grass-roots unit approved by the local statistical department;

3) If the land compensation fee paid according to the regulations cannot enable the farmers who need to be resettled to maintain their original living standards, the resettlement subsidy can be increased;

4) ** Expropriation of farmers' land, there should be legal projects, in accordance with legal procedures, to give reasonable compensation to the expropriated, first compensation, and then expropriation, any expropriation that violates the above basic principles is illegal expropriation.

2. Legal basis: Article 47 of the Land Management Law of the People's Republic of China.

If the state expropriates land, after approval in accordance with legal procedures, the local people at or above the county level shall make a simple announcement and organize the implementation of the dry weaving.

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.