Land compensation population, how to calculate the compensation standard for land requisition?

1.According to Article 47 of the Land Management Law, when the state expropriates the collective land of farmers, compensation is made according to the area of the expropriated land, not according to the population. As long as the resettlement subsidy is calculated according to the number of agricultural population to be resettled.

The property is compensated as an attachment to the expropriated land.

2.The compensation for the expropriation of cultivated land includes land compensation, resettlement subsidies, and compensation for above-ground attachments and seedlings.

3.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 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 shall be 4 to 6 times the average annual output value of the cultivated land in the three years prior to the expropriation.

For land compensation and resettlement subsidies for the expropriation of other land, please refer to the specific provisions of the "Measures for the Implementation of the Land Management Law" of the province. (Find it at your local land and resources department).

4.For compensation for attachments and seedlings on expropriated land, please refer to the provisions of the Provincial Measures for the Implementation of the Land Management Law.

Usually according to the area of the land to be acquired! If housing is involved, there are more factors to consider.

Legal Analysis: The new population can be divided into land compensation. If the land expropriated by the state belongs to a rural collective economic organization, a certain amount of compensation needs to be paid to the rural collective economic organization, and then the villagers' group distributes the compensation to all the villagers.

All villagers in the village collective economic group, as long as they belong to the village, have a reason to share.

Legal basis: "Land Management Law of the People's Republic of China" Article 49 The land-expropriated rural collective economic organizations shall expropriate the income and expenditure of the compensation fees for land expropriation to the members of the collective economic organizations of the book and accept supervision. It is forbidden to encroach upon or misappropriate the compensation fees for land acquisition and other related expenses of the expropriated land units.

Organic Law of the People's Republic of China on Villagers' Committees Article 24 The following matters involving the interests of villagers can only be handled after discussion and decision by the villagers' meeting: (1) the personnel and subsidy standards of the village who enjoy the compensation for lost work; (2) the use of the proceeds from the village collective economy; (C) the establishment of the village's public welfare undertakings and fund-raising programs and construction contracting programs; (4) Land contracting and management plans; (E) the village collective economic project project, contracting program; (F) the use of the homestead; (G) the use and distribution of land requisition compensation fees; (8) Disposing of village collective property by means of loans, leases or other means; (9) Other matters involving the interests of the villagers that the villagers' meeting deems should be discussed and decided by the villagers' meeting. The villagers' meeting may authorize the villagers' representative meeting to discuss and decide on the matters provided for in the preceding paragraph.

Where the law has other provisions on matters concerning the discussion and decision of the property and the rights and interests of members of village collective economic organizations, follow those provisions.

1. The calculation methods of land requisition compensation are as follows:

1. The compensation fee for the expropriated cultivated land shall be 6-10 times the average annual output value of the cultivated land in the three years before the expropriation; The compensation fee standards for the expropriation of other land shall be specified by the provinces, autonomous regions and municipalities directly under the Central Government with reference to the compensation fee standards for the expropriation of cultivated and rotten land, and in light of the actual local conditions. The compensation fee for non-cultivated land with income can be calculated at 3-6 times the average annual output value of the land in the three years before the land acquisition, and no compensation will be paid for the expropriation of cultivated land without income. The compensation standard for the expropriation of non-cultivated land with income such as firewood, tidal flats, reservoirs, reed ponds, economic forest land, pastures, pastures, etc., shall be 6-10 times the average annual output value of the land in the three years before the expropriation.

2. The land requisitioned for artificial fish ponds, breeding farms, homesteads, orchards and other perennial cash crops shall be calculated according to the compensation standard for adjacent cultivated land.

3. The standard of compensation for seedlings of expropriated land shall be prescribed by provinces, autonomous regions and municipalities directly under the Central Government.

4. The attachments on the expropriated land shall be formulated by the provinces, autonomous regions and municipalities directly under the Central Government. Refer to how much the construction cost is discounted and how much is compensated.

5. For the requisition of 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.

The standard is: in cities with a population of one million, 7,000-10,000 yuan will be paid for each acre of vegetable land requisitioned; Cities with a population of more than 500,000 and less than one million pay 5,000-7,000 yuan for every acre of land requisitioned; Cities with a population of less than 100,000 pay 3,000-5,000 yuan for every acre of vegetable land requisitioned. All provinces, autonomous regions, and municipalities directly under the Central Government shall determine their own standards in accordance with the above standards.

However, the above standard limit shall not be exceeded.

2. Land requisition compensation expense items.

1. Land compensation fee.

A kind of economic compensation paid by the land-using unit to the rural collective economic organization whose land has been expropriated for economic losses caused by the expropriation of its land in accordance with the law.

2. Compensation for BIBS.

A compensation fee paid by the land-using unit to the units and individuals planting the seedlings on the expropriated land if the seedlings are damaged due to land acquisition.

3. Attachment compensation.

A kind of compensation paid by the land-using unit to the person where the land is located due to the damage of the attached objects on the expropriated land, such as houses and other facilities.

4. Resettlement subsidy.

The compensation paid by the land-using unit to the land-expropriated unit for the resettlement of surplus labor caused by land acquisition.

Compensation standards for land acquisition.

1. The specific standards and amounts of land acquisition compensation fees shall be stipulated in the land acquisition compensation and resettlement plan approved by the city and county according to law.

2. The determination of the average annual output value of the land in the three years before the land is expropriated (the compensation standard for land compensation and resettlement subsidies): according to the statistical annual report of the most basic unit approved by the local statistical department and the unit price approved by the price department.

3. If the land compensation fee and resettlement subsidy paid in accordance with the regulations cannot maintain the original living standard of the peasants who need to be resettled, the resettlement subsidy may be increased. The original land management stipulation that the sum of land compensation and resettlement subsidies shall not exceed 30 times the average annual output value of the land in the three years preceding the expropriation of the land has been deleted from the Land Administration Law on March 26, 2013.

Legal analysis: Compensation for rural land expropriation is distributed according to the number of registered population according to the usual distribution method, that is, the basis for calculating the population is the number of registered people. According to the Judicial Interpretation of the Supreme Court on Rural Land Contract Disputes, a rural collective economic organization, a villagers' committee or a villagers' group may, in accordance with the democratically agreed procedures prescribed by law, decide to distribute the land compensation and closure fees already received within the collective economic organization.

When the compensation and resettlement plan for land acquisition is determined, the person who already has the membership of the collective economic organization shall request the payment of the corresponding share, and shall be supported.

Legal basis: Article 24 of the Judicial Interpretation of the Supreme Court on Rural Land Contract Disputes: Rural collective economic organizations, villagers' committees, and villagers' groups may, in accordance with the procedures prescribed by law, decide to distribute the land compensation fees already received within the collective economic organizations. When the land requisition compensation and resettlement plan is determined, the person who already has the membership of the collective economic organization, and requests the payment of the corresponding share, shall be supported.

Compensation according to the land area.

The subject matter of land compensation is land use rights, which are generally divided into two forms:

The first is monetary compensation, which is to pay directly to the homestead according to how much money per square meter is according to the relevant compensation standards;

The second is replacement compensation, which is to resettle in the planned resettlement area according to how many square meters are converted into at different low prices.

Legal basis: Article 48 of the Land Management Law shall give fair and reasonable compensation 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 districts shall take into account 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 system such as raising reeds and raising the elderly. 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.