For those whose land will be expropriated, what can be done to get the maximum compensation

Updated on society 2024-05-22
8 answers
  1. Anonymous users2024-02-11

    The specific amount of compensation and resettlement varies from place to place. For details, please consult the local ** land and resources management department. Generally speaking, the local ** land and resources management department and the price department will clarify the specific standard of the compensation amount in the form of the joint following.

    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. 1. 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 prior to the expropriation. 2. 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 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. 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.

    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.

  2. Anonymous users2024-02-10

    1.The most important thing is to achieve that all the details are negotiated.

    For example, how much is one square meter compensated, and if there are crops on it, how to compensate.

    That is, the compensation standard should be clear and not ambiguous.

    2.If the compensation is not according to the standard, or there is an error in the measurement, you can apply to the competent department for reconsideration, or file an administrative lawsuit with the court.

  3. Anonymous users2024-02-09

    1. How to compensate for expropriated land.

    1. The compensation for land expropriation is as follows:

    1) The compensation for the economic loss shall be 6 to 10 times the average annual output value of the cultivated land in the three years prior to the expropriation;

    2) The compensation for the surplus labor caused by the expropriation of Tuxiao Wangdi shall be calculated according to the number of agricultural population to be resettled;

    3) The compensation for the damage to attachments and seedlings caused by the expropriation of the land shall be prescribed by the province where the expropriated person is located. Clever boy.

    2. 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, 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. What is the procedure for land expropriation.

    1, land administrative departments to develop land requisition programme;

    2. Declare and approve to the superior people;

    3. After approval, publish the plan;

    4. Carry out land requisition compensation registration;

    5, the municipal and county land administrative departments to develop land requisition compensation, resettlement program;

    6. Implementation plan.

  4. Anonymous users2024-02-08

    1. When your father died, regarding the inheritance of collective land, because the land contract was contracted on a household-by-household basis (although the contract was signed on an individual's name), the household could continue to use its contracting rights; The heirs in the collective household registration can inherit their contracting rights and above-ground attachments;

    2. If you and your mother moved out of the household registration 9 years ago and sold the house, it is a legal disposition of the inheritance; The assignment of contracting rights is also legal; If you and your mother are urban residents from the beginning, then you can only inherit the attachments on the ground, that is, the house, and the contract rights can only be inherited by the land of the nature of "forest land";

    3. This can only be historical records, which can prove that your father was a member of the group in the past, but it will not have much impact;

    4. Your mother's point of view is incorrect, because the collective land compensation itself is only a compensation for the expropriation of collective land, that is to say, it is a compensation for the members of the collective, and you and your mother are not members of the collective, and it is impossible to obtain the compensation in any case (even if the land is not disposed of, it may not be obtained).

  5. Anonymous users2024-02-07

    Compensation can be obtained, and the substantive right exists and is protected by property law.

  6. Anonymous users2024-02-06

    No!

    Your father has been dead for many years, and your mother remarried and obtained an urban hukou, and you also obtained an urban hukou, so you cannot enjoy ownership or use rights over the land owned by the rural collective, and your father's previous land should have been collectively owned. Inheritance can no longer be claimed.

  7. Anonymous users2024-02-05

    First of all, you and your mother's hukou are still not there**? Have you moved away? That's the key.

    It doesn't matter if the house is sold or not. As long as the land has not been transferred to your aunt? It's just that you give them seeds verbally, and you can get **compensation.

    All ** compensation is based on the account. As long as you don't return the land to the village, you will definitely get compensation. You can go to the **** network to find the relevant departments to check the compensation method for land expropriated by the state, it's okay, I have been working outside for 20 years, and my home is also in the field.

    Now I have the state and some benefits in my hometown village, and I can get them

  8. Anonymous users2024-02-04

    1. Your family has moved to a city divided into districts, so the village collective has the right to take back your family's contracted land, and also has the right not to allocate your family's land acquisition compensation.

    2. The current truth is that the village collective has not taken back your family's contracted land, and your family has subcontracted the contracted land (temporarily recognized as subcontracting, which is beneficial to your family) to your aunt's family, and the village committee has no objection to this. If the village committee (in fact, it should be the villagers' meeting) decides to distribute the land requisition compensation to your aunt's family, then your aunt should give the money to your family, because the land requisition compensation should belong to the original contractor, not to the subcontractor.

    Supplement: 3. It is not right to divide evenly according to households. The current regulation is that the compensation for land acquisition should be distributed to households, which is consistent with the actual area of land contracted for planting.

    4. Legally speaking, your family no longer exists as a "household" for rural land contracting.

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