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Hello, there is no specific compensation standard, which needs to be determined in combination with the actual situation, but in principle, it cannot be lower than the original living standard of the expropriated person, therefore, in practice, if you feel that the compensation is unreasonable, you can take legal measures to protect your legitimate rights and interests.
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Legal analysis: According to the compensation standard for rural land expropriation, the compensation for each grave is 5,000 yuan. In any of the following circumstances, if it is truly necessary to expropriate land owned by peasant collectives for the sake of the public interest, it may be expropriated in accordance with law:
1) Land for military and diplomatic needs; (B) by the organization of the implementation of energy, transportation, water conservancy, communications, postal and other infrastructure construction needs land.
Legal basis: "Land Management Law of the People's Republic of China" Article 45 In order to meet the needs of the public interest, in any of the following circumstances, if it is really necessary to expropriate the land owned by the peasant collective, the expropriation may be carried out in accordance with the law:
1) Land for military and diplomatic needs;
(B) by the organization of the implementation of energy, transportation, water conservancy, communications, postal and other infrastructure construction needs land.
3) The use of land for public undertakings such as science and technology, education, culture, health, sports, ecological environment and resource protection, disaster prevention and mitigation, cultural relics protection, comprehensive community services, social welfare, municipal public utilities, preferential care and resettlement, and protection of martyrs is organized and implemented by the first organization;
4) The construction of poverty alleviation and relocation and affordable housing projects organized and implemented by ** requires land;
E) within the scope of urban construction land determined in the overall land use plan, approved by the people at or above the provincial level and organized by the local people's ** organization and implementation of the development and construction of land needs;
6) Other circumstances where the law provides that land owned by peasant collectives may be expropriated for the public interest.
The construction activities provided for in the preceding paragraph shall conform to the national economic and social development plan, the overall land use plan, the urban and rural plan and the special plan; The construction activities provided for in items (4) and (5) shall also be included in the annual plan for national economic and social development; The development of the parcels specified in item (5) shall comply with the standards stipulated by the competent department of natural resources.
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The compensation standards for each land requisition and relocation grave are different across the country, and each province formulates corresponding compensation implementation regulations in accordance with the Land Management Law of the People's Republic of China.
Legal basis: Article 4 of the Land Management Law of the People's Republic of China states that the state prepares an overall land use plan, stipulates land use, and divides land into agricultural land, construction land and unused land. Strictly restrict the conversion of agricultural land into construction land, control the total amount of land used for construction, and implement special protection for cultivated land.
The term "agricultural land" as used in the preceding paragraph refers to land directly used for agricultural production, including cultivated land, forest source slag land, grassland, farmland water use land, aquaculture water surface, etc.; Construction land refers to the land for the construction of buildings and structures, including urban and rural residential and public facilities, industrial and mining land, transportation and water conservancy facilities, tourism land, military facilities, etc.; Unused land refers to land other than agricultural land and construction land.
Units and individuals using land must use land in strict accordance with the hail and quiet uses determined in the overall land use plan.
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Regarding the compensation for the relocation of the cemetery, there is no unified standard, which needs to be determined according to the relevant regulations formulated by the local government, and the general compensation standard is several thousand yuan.
1. The relocation of the graves of martyrs, religions, and ethnic minorities should be handled in conjunction with the civil affairs, ethnic and religious departments.
2. The compensation amount for double graves will be increased by 60% of the compensation standard.
3. If the grave has steles and other cemetery facilities, the compensation standard shall be increased by 30%.
4. Graves such as granite and marble exceeding the above standards shall be compensated according to the appraised value.
Legal basis. Article 45 of the Land Management Law of the People's Republic of China In order to meet the needs of the public interest, in any of the following circumstances, it is really necessary to expropriate the land owned by the peasant collective, and the expropriation may be carried out in accordance with the law: (1) the land is used for military and diplomatic purposes; (B) by the organization of the implementation of energy, transportation, water conservancy, communications, postal and other infrastructure construction needs land. 3) The use of land for public undertakings such as science and technology, education, culture, health, sports, ecological environment and resource protection, disaster prevention and mitigation, cultural relics protection, comprehensive community services, social welfare, municipal public utilities, preferential care and resettlement, and protection of martyrs is organized and implemented by the first organization; 4) The construction of poverty alleviation and relocation and affordable housing projects organized and implemented by ** requires land; E) within the scope of urban construction land determined in the overall land use plan, approved by the people at or above the provincial level and organized by the local people's ** organization and implementation of the development and construction of land needs; 6) Other circumstances where the law provides that land owned by peasant collectives may be expropriated for the public interest.
The construction activities provided for in the preceding paragraph shall conform to the national economic and social development plan, the overall land use plan, the urban and rural plan and the special plan; The construction activities provided for in items (4) and (5) shall also be included in the annual plan for national economic and social development; The development of the parcels specified in item (5) shall comply with the standards stipulated by the competent department of natural resources.
In fact, many times when choosing a good cemetery, on the basis of the price of the tomb, you will also pay attention to the topography. You can refer to the following points to choose a cemetery: 1. A large cemetery environment, with mountains and rivers, surrounded by a water system in the middle; 2. The first look at the direction, as the saying goes: >>>More
The amount of compensation is generally based on the local hukou, although you still live in the old place, but your hukou is no longer in the local area; Although your sister-in-law and your nephew are not in the local area, their household registration is in the local area. >>>More
The old cemetery has no place, there is no one, there is a new cemetery, and the graves of the parents are brought over. I think this is the case if you have no land and no place for your old age, and if. If a new cemetery is erected, then. >>>More
The old cemetery of the family is moved to the ancestral cemetery, then of course it is possible in this case, because signing in to the ancestral cemetery will make your family happier and better.
Hello, the compensation given to the expropriated person for rural demolition includes compensation for land, attachments on the ground, resettlement subsidies, seedling subsidies and housing expenses for rural villagers.