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Legal Analysis: The demolition of trees first asks the forest appraisal agency to conduct an appraisal and compensate according to the value of the assessed trees.
Legal basis: "Land Management Law of the People's Republic of China" Article 47 Where the State expropriates land, it shall be announced and organized by the local people at or above the county level after approval in accordance with legal procedures.
If the local people at or above the county level intend to apply for land expropriation, they shall carry out a survey of the current situation of the land to be expropriated and a social stability risk assessment, and announce the scope of expropriation, the current status of the land, the purpose of expropriation, the compensation standard, the resettlement method and social security within the scope of the township (town) and village and villager group where the land is to be expropriated for at least 30 days, and listen to the opinions of the rural collective economic organizations and their members, villagers' committees and other stakeholders who are subject to land expropriation.
Most of the members of the land-expropriated rural collective economic organizations believe that the compensation and resettlement plan for land acquisition does not comply with the provisions of laws and regulations, and the local people at or above the county level shall organize a hearing, and modify the plan in accordance with the provisions of laws and regulations and the hearing.
The owner or user of the land to be expropriated shall, within the time limit specified in the announcement, go through the compensation registration with the proof of immovable property ownership. Local people at or above the county level shall organize relevant departments to calculate and implement relevant expenses, ensure that the full amount is in place, and sign agreements with the owners and users of the land to be expropriated on compensation and resettlement; If it is indeed difficult to reach an agreement on an individual case, it shall be truthfully explained when applying for land expropriation.
After the completion of the relevant preliminary work, the local people at or above the county level can apply for land expropriation.
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The assessment of land acquisition seedlings generally includes the following aspects:
Plant variety, specification and quantity: record and count the variety, height, diameter at breast height, crown width, age and so on of each seedling, and estimate it according to the actual number of seedlings.
Land type: The type of land, soil fertility, drainage, etc. will affect the growth of seedlings, and it is necessary to consider the degree of influence of these factors on seedlings and make a reasonable assessment.
Environmental factors: such as sunlight, temperature, rainfall and other factors will affect the growth of seedlings, and it is necessary to consider the degree of influence of these factors on seedlings and make a reasonable assessment.
Evaluation method: According to the type, specification, quantity and environment of seedlings, select appropriate evaluation methods, such as market comparison method, cost method, income method, etc.
It should be noted that the evaluation standards and compensation standards for seedlings may vary in different regions and situations, and the specific assessment methods and standards can be consulted with the local land acquisition department or professional appraisal agency. Questions related to demolition assessment and compensation can be answered with a nod to the question.
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1. Seedling transplantation is seasonal and specialized, and land acquisition is mainly based on relocation, and compensation will be made according to 20%-40% of the "standard" according to different seasons, and compensation will be paid according to the "standard".
2. In case of special requirements (e.g., ancient and famous trees, etc.), compensation shall be assessed by the professional department, and if the assessment fails, the parties A and B shall negotiate and resolve the matter separately.
3. The compensation standard for flowers and trees does not calculate the survival rate, but only compensates for the handling and loss costs, which is generally compensated at 5% of the total garden price.
4. During the flower purchase period, in principle, the land should be harvested first and then the land should be used, and no compensation should be given, and if the land is urgently needed, the loss of output value should be compensated; In other seasons, only the cost of the investment is compensated.
1. What is the compensation standard for seedlings expropriated in Anhui?
1. Apple seedlings 2 4 yuan (transplanting fee), designated planting within half a year, the seedlings are returned to the original owner.
1) The first fruit period is 9750-18200 yuan.
2) The peak fruit period is 16,900-29,250 yuan.
3) The fruit decay period is 14300-6500 yuan.
2. Cherry seedlings 2 4 yuan (transplanting fee), designated planting within half a year, the seedlings are returned to the original owner.
1) The first fruit period is 13,000-19,500 yuan.
2) The peak fruit period is 18,200-33,800 yuan.
3) The fruit decay period is 13650-5850 yuan per mu.
3. The young age of grapes is 1000 3000 yuan, and the tree is returned to its original owner.
1) The first fruit period is 3600 7200 yuan.
2) The full fruit period is 9800 to 18000 yuan.
3) The decay period is 6000 to 3600 yuan.
4. Other fruit tree seedlings 2 4 yuan (transplanting fee), designated planting within half a year, the seedlings are returned to the original owner.
1) The first fruit period is 8450-16900 yuan.
2) The peak fruit period is 14950-26000 yuan.
3) The fruit decay period is 13650-5850 yuan per mu.
5. Nursery seedlings 4000 8000 yuan acres of seedlings to the original owner.
2. What are the compensation costs for land acquisition?
1. Land compensation fee is a kind of economic compensation paid by the land-using unit to the land-expropriated rural collective economic organization for the economic losses caused by the expropriation of its land in accordance with the law.
2. Compensation for green seedlings is a kind of compensation paid by the land user to the unit planting the green seedlings and the young people who have damaged the green seedlings on the expropriated land due to land acquisition.
3. Compensation for attachments is a compensation fee paid by the land use unit to the person where the land is located due to the damage of the land requisitioned, such as houses and other facilities.
4. Resettlement subsidy, the compensation paid by the land-using unit for the resettlement of the surplus labor force caused by the land acquisition by the land-using unit.
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Legal analysis: Fair and reasonable compensation should be given for land expropriation, so as to ensure that the original living standards of land-expropriated farmers are not reduced and their long-term livelihoods are guaranteed. 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, and specific inquiries are required.
Legal basis: Article 48 of the Land Management Law shall give fair and reasonable compensation 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 the comprehensive land price for a district shall comprehensively consider factors such as the original use of the land, the conditions of land resources, the value of the land, the location of the land, the relationship between land supply and demand, the population of the Divine Clan, and the level of economic and social development, and shall be adjusted or re-published at least once every three years. The compensation standards for the expropriation of other soil and poor land, above-ground attachments and seedlings other than agricultural land 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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1. In the process of land acquisition, it is necessary to pay compensation for seedlings, not compensation.
2. The compensation fee for seedlings in the process of requisition, for seedlings, refers to the cost of transplantation or abandonment. If you are able to transplant, you only need to be reimbursed for the transplant fee; If it cannot be transplanted, all the value of the seedlings needs to be compensated.
3. To sum up, in land acquisition, after the compensation fee is paid, the seedlings still belong to the original owner. However, after paying the full cost of the value of the seedlings, the seedlings belong to the expropriating party. The specific attribution shall be agreed upon by both parties in the expropriation agreement.
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That depends on the compensation agreement you signed when you requisition, generally the county expands the land acquisition is not only your family, depending on your local situation, others have their own compensation and ** seedlings Then your seedling industry should belong to your own, if others do not have that your family will not have, ask about the agreement before land acquisition.
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After receiving the compensation for the seedlings, the ownership of the seedlings will be returned to the place where the seedlings are collected.
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Let me tell you! After receiving the compensation for the seedlings, the seedlings still belong to the farmers themselves, but they need to be relocated from the requisitioned land within the specified time. Needless to say, land acquisition is done in many places.
You can check the legal provisions related to BIBS compensation and take a look! Or consult a lawyer! Anyway, we all took the seedlings and transplanted them after taking the compensation for the seedlings.
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