How to buy or expropriate rural land?

The "People's Republic of China's Land Management Law" refers to Article 22 of the land requisitioned by the state for construction, and the construction unit shall pay land compensation, compensation for Yang and attachments, and resettlement subsidies, and the standards are as follows: 1. Land compensation fee 1. For agricultural land acquisition and vegetables, the average annual output value (the same below) is calculated in the three years before land acquisition in accordance with the state's ** policy; 2。

expropriation of ponds, lotus ponds, breeding farms, orchards, bamboo orchards, woodlands and other land, calculated at five times the annual value of the land; 3。the income from the expropriation of firewood, beaches, ponds, reed ponds and other non-arable land, which is calculated as three times the amount of land, the annual value of production; 4。The homestead adjacent to the farmland shall be expropriated by calculating the compensation standard; Housing units are separated from the construction land and transferred to the reconstruction of the original homestead without compensation; 5。

Compensation is generally not given for the expropriation of non-productive non-cultivated land. Second, seedlings and attachments compensation 1. Compensation for seedlings, calculated on a value basis for general seasonal crops; Without any compensation, it can be harvested.

Perennial economic trees can be transplanted, and the transplantation fee shall be paid by the construction unit; It is not a reasonable compensation or consideration acquisition by the land user; 2。Reasonable compensation will be given according to the structure, size, and newness of the house; After the consultation, illegal buildings and land raids began to be planted and robbed, and no compensation was given for the raid construction of buildings; 3。Farmland water conservancy facilities, mechanical and electrical irrigation, wells, artificial ponds, breeding farms and attachments such as electricity, broadcasting, and communication facilities shall be paid for demolition and relocation or compensation according to the actual situation.

3. Resettlement subsidy 1. Units with a per capita agricultural population of more than one mu of land are levied resettlement subsidies for expropriated cultivated land, and the first three cultivated land of the three-year average annual output value per mu of cultivated land; The land requisition and resettlement subsidy for land units with per capita cultivated land of the former agricultural population is lower than one mu of cultivated land per mu to initiate a reduction of zero per mu of cultivated land, and the resettlement subsidy is increased by four times the annual value, and the annual output value is doubled, but cannot exceed 10 times the annual output value; 2。The resettlement subsidy for non-expropriated cultivated land shall be calculated slightly lower according to the annual output value of the land and the number of resettlement in the surrounding area; 3。

The expropriation of houses and other buildings, as well as non-arable land and non-production, do not pay the basis of the resettlement subsidy. Fourth, in accordance with the provisions of this article, the payment of land compensation and resettlement subsidies, which are insufficient for the resettlement of peasants to maintain their living standards, the provincial people**, may increase the resettlement subsidies, but the sum of land compensation and resettlement subsidies shall not exceed 20 times the average annual output value of the land in the three years before the land is expropriated. Fifth, if paid through land, except for the appurtenances and seedlings compensation fee for the national construction land acquisition compensation and resettlement costs shall be paid to the individual himself, the other people above the relevant township (town), county-level expenditure agrees to the organization of the transaction to develop the landless production unit, employment and living arrangements surplus labor employment subsidies cannot, no unit or individual shall use or occupy.

The standards and methods for compensation for land acquisition and resettlement for the construction of six large-scale water conservancy and hydropower projects shall be formulated for the people at the provincial level in accordance with national regulations.

Rural collective land is only allowed to enter the market for sale if it is first expropriated and converted into state-owned land. All other acts of buying and selling collective land are illegal. Private transactions are not protected by law.

If you want to use collective land, it is recommended to do it in the form of "rental" or temporary land, which is more flexible and does not touch the red line.

Rural land cannot be bought or sold in violation of regulations. The ownership of rural land is owned by the village collective economic organization, and individuals do not have the ownership of the land, but only enjoy the right to use and the right to benefit.

Constitution of the People's Republic of China

Article 10. The land of the city belongs to the state. Land in rural areas and on the outskirts of cities is collectively owned, except as provided for by law and belonging to the State;

Homesteads, self-cultivated land, and self-cultivated mountains are also collectively owned. The State may, in accordance with the provisions of law, expropriate or expropriate land and provide compensation for the needs of the public interest. No organization or individual may occupy, buy, sell, or otherwise illegally transfer land.

The right to use land may be transferred in accordance with the provisions of the law. All organizations and individuals who make use of land must make rational use of it.

Under normal circumstances, we can buy land, but the purchase of land is not the ownership of the land, but the right to use the land, so when purchasing the right to use the land, how do we need to go through the relevant procedures? Below, in order to help you better understand the relevant legal knowledge, I have compiled the relevant content, I hope it will be helpful to you.

1.Rural land with land use rights can be purchased.

1) Four wastelands and other unused land.

In the case of other unused land in the four wastelands, the word "purchase" is not appropriate, and it should be called "land contracted in other ways", except that the way of obtaining land use rights is similar to that of purchase, and it is through bidding, auction and public consultation.

2) State-owned branch land in rural areas.

Due to historical reasons, not all collective land in rural areas, but also state-owned land, such as state-owned farm land and state-owned construction land, all of which need to be listed for bidding and auction before they can be traded. As a townsman, you can participate in the "purchase", but whether you can get it depends on your ability, because these lands are generally "linked to the project", and if your project is good enough, you can "buy" its use rights for project development.

3) Rural collective management construction land.

This depends on whether your local area is a pilot area, this is a new policy issued by China this year, that is, rural collective management construction land can be traded in the market, and state-owned land has the same price and rights.

2.Rural land with land use rights cannot be purchased.

1) Rural land contracted in a family manner.

Most of the rural land has been contracted to individual peasant households on a household basis, and the peasant households have obtained the right to use it (contracting right + management right), but because their ownership rights belong to the village collective, according to the Land Management Law and the Land Contract Law, it is forbidden to buy and sell rural contracted land without permission.

However, as urban residents, they can obtain their land management rights through land transfer methods such as leasing and subcontracting, and then cultivate their land under the principle of agricultural use.

2) Rural homesteads.

Except for a few pilot areas that have clearly liberalized the transfer of homestead land, the purchase of homestead land by urban residents is expressly prohibited.

3) Rural collective land.

This includes mobile land and rural collective construction land, because the ownership of which belongs to the village collective, and without the consent of more than 2 3 villagers' representatives, urban residents cannot "buy" (transfer) the right to use the land.

Although in the rural land reform in recent years, restrictions on the use of rural land have been relaxed quite a lot, because it involves the fundamental issue of peasants' survival, and all policies are based on the premise of ensuring that peasants' interests and interests are not harmed.

A real problem is that young people now almost do not touch the land for a year, so they know nothing about land expropriation, in today's development, in the face of road construction, construction of real estate Cong Wei will definitely face the problem of land expropriation, rural land is expropriated to some extent is also a kind of upgrading! So, how much compensation can farmers get after rural land is expropriated? Can rural land be forcibly expropriated?

Let's take a look with me.

1. Can the state enforce the system of expropriation of rural land?

According to the provisions of the Land Administration Law, the State may forcibly expropriate land, including rural land, if it is necessary for the public interest. Article 2 of the Land Management 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.

2. What compensation is available for land expropriation?

First: land ** land is divided into three, six, nine and so on, in the countryside far from the city, the land ** is of course much cheaper. According to the rural land ** in previous years, it is generally 10,000 yuan per mu, and it may be increased now.

But the total of the family's fields and land is only about 3 acres, and even if all the fields and land are sold, it can only be 10,000 yuan. Of course, the state has additional compensation for farmers after land is expropriated, that is, grain subsidies. The specific subsidy standard is 2,000 yuan per mu per year, and farmers can take it all at once or in installments.

Second, farmers who enjoy the early expropriation of land under the minimum allowance age can enjoy the preferential policy of early minimum allowance age, the specific standard is that women aged 55 or above (inclusive) and men aged 60 (inclusive) or above can enjoy it, and the subsidy standard is 55 yuan per person per month. In an era when the aging of rural areas is becoming more prominent, this is also a kind of help.

Third: Compensation for Crop Seedling Fee Whether you are cultivating crops or crops in the rice field, whether your family's land is sold to others, as long as you plant crops, as long as others cover the loess, you can ask the village committee for compensation for your seedling fee.

Fourth: Rural welfare, because most of the land is used to build factories after the land is expropriated, so the village level also has its own industrial park at this time, and part of the taxes paid by the factories are used as public property in the village, and the money is used in the village to organize relevant personnel to send rice and oil to the poor people during the New Year's Festival, and there are also relevant additional allowances for the elderly.

If we cannot reach an agreement on compensation, it will not only affect the smooth progress of expropriation, but also cause tension between the government and the people because of the infringement of the interests of farmers, which is obviously contrary to the general policy of governing the country according to law.

Hello, if it is necessary for public interest, it can be levied, but it must go through the approval procedures.

According to Article 243 of the Civil Code of the People's Republic of China, for the needs of the public interest, the land owned by the collective, the houses of organizations and individuals and other immovable property may be expropriated in accordance with the authority and procedures prescribed by law. For the expropriation of collectively owned land, land compensation, resettlement subsidies and compensation for rural villagers' residences, other above-ground attachments and seedlings shall be paid in full and in a timely manner in accordance with the law, and social security expenses for land-expropriated farmers shall be arranged to ensure the livelihood of land-expropriated farmers and safeguard the legitimate rights and interests of land-expropriated farmers. The expropriation of the houses and other immovable properties of organizations and individuals shall be compensated for expropriation in accordance with law, so as to safeguard the lawful rights and interests of the expropriated persons; Where an individual's residence is expropriated, the living conditions of the expropriated person shall also be guaranteed.

Rural expropriation and expropriation of land is a legal act of the state to convert the land owned by peasant collectives into state-owned land in accordance with the procedures and authority prescribed by law for the needs of public interests, and to give reasonable compensation and proper resettlement to the land-expropriated rural collective economic organizations and land-expropriated farmers in accordance with the law.

1. What is the scope of land expropriation by the state?

1) Land and other commons in rural areas of ancestral halls, temples, monasteries, churches, schools and groups;

2) the land of industrialists and businessmen in rural areas;

3) The portion of the average amount of land owned per person by certain persons who lease a small amount of land for other occupations or for lack of labour, in excess of the average amount of land per capita in the locality of 200;

4) With the approval of the people at or above the provincial level, some or all of the land leased by rich peasants in certain special areas;

5) Semi-landlord rich peasants who lease a large amount of land in excess of the amount of land cultivated by themselves or hired men, shall expropriate the land they lease.

2. How much money is given for land expropriation.

The land 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 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 amount of cultivated land per capita occupied by the expropriated units before land requisition.

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 previous three years. 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.

1. After the rural peasants' land is expropriated, the peasants should not pay the land occupation and land use tax. If you occupy cultivated land, the first thing to pay is the cultivated land occupation tax. After one year, the land use tax is paid.

As long as the land is used for business, land use tax must be paid. 2. Cultivated land occupation tax is a one-time tax levied by the state on units and individuals that occupy cultivated land to build houses or engage in other non-agricultural construction, based on the actual area of cultivated land occupied and in accordance with the prescribed tax amount. Cultivated land occupation tax falls under the category of behavior tax.

Cultivated land occupation tax is a tax levied on units or individuals that occupy cultivated land to build houses or engage in non-agricultural construction. Land use tax refers to a tax levied by units and individuals using land within the scope of cities, county seats, organized towns, industrial and mining areas, based on the actual area of land occupied, and levied by the taxation authorities where the land is located in accordance with regulations. 3. Exemption from cultivated land occupation tax (1) Cultivated land occupied by military installations.

2) Schools, kindergartens, nursing homes, and hospitals occupy arable land. Reduction of cultivated land occupation tax(1) Cultivated land occupation tax shall be levied at a reduced rate of 2 yuan per square meter for the occupation of cultivated land by railway lines, highway lines, airport runways, aprons, ports and waterways. According to the actual needs, the competent departments of finance and taxation may exempt or reduce the cultivated land occupation tax for the circumstances specified in the preceding paragraph after consulting with the relevant departments and reporting to the relevant departments for approval.

2) If rural residents occupy cultivated land to build new houses, the cultivated land occupation tax shall be reduced by half of the applicable local tax amount. The families of rural martyrs, disabled servicemen, widows, widows and lonely people, and rural residents living in difficulties in old revolutionary base areas, areas inhabited by ethnic minorities, and remote and impoverished mountainous areas are exempted from or reduced cultivated land occupation tax.