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This one depends on it. If the nature of the land is not changed, that is, it was originally collective land and is still collective land, and what is repaired by the village is produced by the village, and what is repaired by the township is produced by the township. Those who change the nature of land, that is, change from collective land to state-owned land, are paid by the expropriated department, and generally the local county-level land department.
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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 the expropriation of cultivated land.
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Is this cost, it must be the state to pay.
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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.
The compensation standards for cultivated land occupied by road construction in rural areas are as follows:
1. The compensation standard for road construction varies from province to province. It is necessary to inquire about the expropriation policies and compensation standards issued by the local province**;
2. 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.
Legal basis
Land Management Law of the People's Republic of China
Article 48 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.
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The distribution of compensation for land acquisition for road construction is mainly determined by collective economic organizations. Because rural land belongs to peasant collectives, the use, income, and disposal of land are all decided by the rural collective economic organizations, so the specific distribution methods for the dregs of hunger are also decided by the organizations.
Legal basisArticle 9 of the Land Management Law of the People's Republic of China.
Land in rural and peri-urban areas shall be owned by peasant collectives, except where it is owned by the State by law; Homesteads, self-cultivated land, and self-cultivated mountains belong to peasant collectives.
Article 11. The land owned by the peasant collectives belongs to the village peasant collectives in accordance with the law, and is operated and managed by the village collective economic organizations or villagers' committees; Where a farmer's collective is already owned by two or more rural collective economic organizations in the village, it shall be operated and managed by each of the rural collective economic organizations or villagers' groups in the village; Those that are already owned by township (town) peasant collectives shall be operated and managed by township (town) rural collective economic organizations.
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1. Compensation standards.
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 total amount 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 Management Law on March 26, 2013.
2. Compensation management.
After the compensation fees are collected by the land-expropriated unit, they shall be handled as follows:
1. The land compensation fee, the resettlement subsidy that should be paid to the collective in accordance with the law, the compensation fee for the seedlings where the collective is located and the compensation fee for attachments shall be managed and used by the land-expropriated unit.
2. The compensation fee for seedlings and attachments shall belong to the owners of seedlings and attachments.
3. Attribution and use of the subsidy for resettlement foot height
1) If it is placed by a rural collective economic organization, it shall be paid to the rural collective economic organization and shall be managed and used by it.
2) If it is placed by other units, it shall be paid to the resettlement unit.
3) If there is no need for unified resettlement, it shall be issued to the individual resettler or used to pay the insurance premiums of the resettled person with the consent of the resettled person.
Methods for the distribution of proceeds from the use of collectively owned compensation costs:
1. Set up a special account in a local financial institution for deposit.
2. The use of jujube is open and subject to the supervision of villagers.
3. The distribution method shall be approved by more than half of the villagers' meeting or the villagers' representative meeting, and shall be reported to the township for the record.
3. Compensation disputes.
1. Disputes over compensation standards.
First by the county level or above coordination, coordination failed, by the approval of the land expropriation of the people's ** ruling.
2. Disputes over the distribution of compensation costs.
It is a civil dispute in nature, and the parties are the village committee or the rural collective economy and the villagers, and the parties can resolve it through civil litigation.
3. Disputes over the disclosure of land acquisition information.
It is an administrative dispute, and the parties can resolve it through administrative re-examination and administrative litigation.
Land acquisition is a paid activity. How to compensate for land acquisition is in accordance with the established standards. There are many purposes of land acquisition, and the standard of compensation may be a little different for different reasons, so what is the compensation method for highway land acquisition?
Land requisition compensation, in addition to compensation for the land, also need to compensate for the buildings on the land, in addition, there are crops and attachments should be accounted for the amount of subsidies.
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Legal analysis: 1. The specific standards and amounts of various land acquisition compensation fees shall be stipulated by the land acquisition compensation and resettlement plan approved by the city and county in accordance with the law.
2. Determination of the average annual output value of the land in the three years before the expropriation (compensation standards for land compensation and resettlement subsidies): The unit price determined by the provincial land and resources department shall prevail, and shall be implemented in various localities.
3. If the land compensation fee and the 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 fees and resettlement subsidies shall not exceed 30 times the average annual output value of the land in the three years prior to land expropriation has been deleted from the Land Management Law of the People's Republic of China on March 26, 2013.
Legal basis: Article 18 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land.
For the expropriation of individual residences, the people at the city and county levels who make the decision to expropriate the houses shall give priority to housing security in the mountains where the expropriated persons meet the conditions for housing security. Specific measures are to be formulated by provinces, autonomous regions, and municipalities directly under the Central Government.
1. According to the regulations, the new policy of land expropriation is as follows: if the state expropriates land, after approval in accordance with legal procedures, the local people at or above the county level shall make a public announcement and organize the implementation. 2, the owner of the expropriated land, the right to use shall, within the time limit specified in the announcement, hold the land ownership certificate to the local people's land administrative departments for land requisition compensation registration. >>>More
If this is the case, then the other party has the right to terminate the contract, and the only compensation that can be given to you is the compensation for the seedlings, which is to give a little compensation for the crops you are planting now, and nothing else. If it is not a force majeure reason such as state expropriation, it depends on how the contract was agreed at that time and executed according to the contract. If the contract does not stipulate a clause for early termination, the two parties need to negotiate a settlement, and the party who fails to negotiate can sue the court.
The ownership of the land expropriated by the Highway Bureau will be transferred to the state, and of course the corresponding compensation will be given. >>>More
Unjust enrichment – refers to the loss of others without a lawful basis and the gain of oneself. >>>More
Land expropriation is a measure taken by the state to return collective or individual land and other property to the public in accordance with the conditions prescribed by law. Land expropriation is the first act, mandatory, expropriation needs to pay compensation to the owner of the expropriated land, Huaicha, resulting in the surplus labor must be resettled. >>>More