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What he did was absolutely illegal, but. China now has a clear provision: the compensation (resettlement) cost of land expropriation is composed of the total compensation multiple of the land compensation fee, the resettlement subsidy fee, and the seedling compensation fee (calculated at 1 times of the annual output value).
30 times the basic farmland); Not only arable land, pasture, houses, above-ground appurtenances, etc., the country has a clear compensation standard, a seedling, a well, a wire will be compensated; I have read the internal documents of the Land and Resources Bureau, and I seem to remember that a ripe and fruiting grape will be compensated about 600 yuan, and I can't remember anything else. The compensation standards in each region are different, but now any construction, renovation and related compensation and adjustment will be announced on the local ** network, you go to your local ** online to find out whether the compensation is unreasonable, if it is unreasonable compensation can be jointly appealed.
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Cultivated land is calculated as 10 times the average annual income in the previous three years.
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Join other villagers who have been fooled to sue him, and at the same time write more report letters and send them to the Commission for Discipline Inspection, the Land and Resources Management Bureau, and the mayor's office, don't send them in the county, since he dares to do this, it means that he must have someone in the county, but there is no way in the city and province, and his way of coercing and inducing you to sign a contract is itself problematic, don't be afraid, the sky won't fall.
Good luck!!!
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Legal analysis: If the land of rural residents is occupied due to public needs, the expropriated person will be paid full land compensation, resettlement subsidies and compensation fees for rural villagers' houses, other above-ground attachments and seedlings in accordance with the law, and social security expenses for the land-expropriated farmers will be arranged. The specific compensation standard is determined by the local people** according to factors such as the local economic level and the size of the expropriated land.
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 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.
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Legal Analysis: Compensation Standards for Occupying Basic Farmland:
1. The average compensation per mu of dry land is 10,000 yuan.
2. The average compensation per mu of paddy fields is 10,000 yuan.
3. The average compensation per mu of vegetable fields is 10,000 yuan.
Legal basis: "Land Management Law of the People's Republic of China" Article 47 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. The land compensation fee for the expropriated cultivated land shall be 6 to 10 times the average annual output value of the cultivated land in the three years preceding the expropriation. The subsidy for the resettlement of cultivated land shall be calculated according to the number of agricultural population that needs 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 number 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.
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.
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.
To expropriate vegetable land in the suburbs of the city, the land-using unit shall pay for the development and construction of new vegetable land in accordance with the relevant provisions of the State.
In accordance with the provisions of the second paragraph of this article, the payment of land compensation fees and resettlement subsidies cannot enable the peasants who need to be resettled to maintain their original living standards, and the resettlement subsidies may be increased with the approval of the people of the provinces, autonomous regions, and municipalities directly under the Central Government. However, the total amount of the land compensation fee and the resettlement subsidy shall not exceed 30 times the average annual output value of the land in the three years preceding the expropriation.
According to the level of social and economic development, under special circumstances, the standards of land compensation and resettlement subsidies for cultivated land may be raised.
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Legal analysis: According to the provisions of the relevant laws of our country, if the encroachment on the land of others causes losses, the encroached person may request the encroacher to compensate for the losses, and the amount of compensation can be negotiated by both parties, and if the negotiation fails, the court shall be sued.
Legal basis: "Land Management Law of the People's Republic of China" Article 79 Units or individuals who do not have the right to approve the expropriation or use of land illegally approve the occupation of land, exceed the approval authority and do not approve the occupation of land by the law, do not approve the use of land in accordance with the overall land use plan, or approve the occupation or expropriation of land in violation of the procedures prescribed by law, the approval documents shall be invalid, and the person in charge and other persons directly responsible for illegally approving the expropriation and use of land shall be punished according to law; where a crime is constituted, criminal responsibility is pursued in accordance with law. Land illegally approved or used shall be recovered, and if the relevant parties refuse to return it, it shall be punished as illegal occupation of land.
Where the expropriation or use of land is illegally approved, causing losses to the parties, they shall be liable for compensation in accordance with law.
You can be compensated for your direct losses and loss of available benefits, which will be handled in accordance with the relevant national regulations. However, some executive departments do not follow the national policy, and may give you a part less, but once you understand the relevant national regulations, they will not dare.
It shall not be lower than the land price of the expropriated area.
Expropriation: refers to the conversion of collectively owned land into state-owned land by the state and the recovery of the right to use; or the resumption of the city's state-owned construction land use rights; It is a legal act after going through the statutory approval process. >>>More
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