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Compensation Standards for Rural Land Expropriation:
The compensation standard for rural land expropriation is composed of land compensation, resettlement subsidies, and seedling compensation
1. The land compensation fee is generally six to ten times the average annual output value of the cultivated land in the three years preceding the expropriation.
2. The resettlement subsidy for land expropriation 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 divided 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 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 cultivated land to be expropriated 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 production. 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 perennial economic forests, it is necessary to transplant as much as possible, and the land-using unit pays 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.
Fourth, the compensation standard for other attachments, the expropriation of land needs to relocate railways, highways, high-voltage wires, communication lines, broadcasting lines, etc., according to the specific situation and the relevant departments to negotiate, the preparation of investment estimates, included in the preliminary design budget for approval. Compensation for the demolition of farmland water conservancy facilities and other ancillary buildings, wells, artificial fish ponds, breeding farms, graves, toilets, pigsties, etc., shall be paid relocation fees or compensation fees with reference to the relevant standards. When a land-using unit occupies cultivated land to build a house or engage in other non-agricultural construction, it shall pay the cultivated land occupation tax in accordance with the provisions of the "Provisional Regulations of the People's Republic of China on Cultivated Land Occupation Tax."
Rural land acquisition compensation standard requirements.
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.
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The State shall compensate for land compensation, resettlement subsidies, and compensation for seedlings and ground attachments when expropriating land. Compensation shall be given to the landowner for the loss of investment and income on the land, compensation for the difficulties caused by the loss of land, one-time economic compensation for the loss of crops growing on the expropriated land, and compensation for all kinds of above-ground buildings and structures on the expropriated land.
[Legal basis].Article 48 of the Land Administration Law.
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 compensation standards for expropriation of land other than agricultural land, attachments and seedlings on land deferred reform shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.
For the houses of rural villagers, the wishes of the rural villagers shall be respected in accordance with the principle of compensation before relocation and improvement of living conditions, and fair and reasonable compensation shall be given by means of rearranging homestead land for construction, providing resettlement housing, or monetary compensation, and compensating for the expenses of relocation and temporary resettlement caused by expropriation, so as to protect the rural villagers' right to live and their lawful rights and interests in housing property.
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According to China's "Regulations on the Expropriation and Compensation of Houses on State-owned Land", if the expropriation of individual residences and the expropriated person meets the conditions for housing security, the people at the city and county levels who make the decision to expropriate the housing shall give priority to housing security. Specific measures are to be formulated by provinces, autonomous regions, and municipalities directly under the Central Government.
Legal basis: Regulations on the Expropriation and Compensation of Houses on State-owned Land
Article 18 If the expropriated person meets the requirements for housing security, the people at the city and county level who make the decision to expropriate the housing shall give priority to housing security. Specific measures are to be formulated by provinces, autonomous regions, and municipalities directly under the Central Government.
Article 19 The compensation for the value of the expropriated house shall not be lower than the market for similar real estate of the expropriated house on the date of the announcement of the decision to expropriate the house. The value of the expropriated house shall be assessed and determined by the real estate appraisal agency with corresponding qualifications in accordance with the housing expropriation appraisal method.
If there is any objection to the value of the expropriated house determined by the assessment, it can apply to the real estate appraisal agency for a review of the assessment. If there is any objection to the review result, you can apply to the real estate appraisal expert committee for appraisal.
Housing expropriation assessment measures by the competent department of housing and urban-rural construction, in the process of formulation, should be open to the public to solicit opinions.
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