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The specific compensation standards mainly refer to Article 47 of the Land Administration Law. The main contents are as follows:
Where land is expropriated, compensation shall be given in accordance with the original use of the expropriated land.
There are three types of compensation fees for cultivated land, namely, land compensation, resettlement subsidies, and compensation for above-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 fee for the above-ground attachments and seedlings of the expropriated cultivated land is divided into the compensation standard for seedlings and the compensation standard for other attachments.
Compensation standard for 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 trees, 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.
Compensation standards for other attachments: If the land needs to be relocated to railways, highways, high-voltage wires, communication lines, broadcasting lines, etc., it is necessary to negotiate with the relevant departments according to the specific situation, prepare the investment estimate, and include it in the preliminary design budget estimate for approval. Compensation for the demolition of farmland water conservancy facilities and other supporting buildings, wells, artificial fish ponds, breeding farms, graves, toilets, pigsties, etc., shall be paid relocation fees or compensation fees with reference to 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.
The above is the "compensation standard for land expropriation", I hope the answer of Shandong Tiancheng Land can help you.
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Our family is also facing such a situation, and the levy** varies from region to region. After the land is requisitioned, the compensation is carried out according to a certain standard, but the compensation money is generally invested in the purchase of social security, and my parents can receive social security, and the money received is more than enough for life. In terms of housing placement, according to the population, how many square meters a person has, so many people will spend money to buy a certain area to meet their living requirements, or as an investment.
There will be a certain amount of overpayment before the house is occupied and you move into a new house, but it is small, and it is basically enough to rent a house. But the policy is changing at any time, and now the country's attention to farmers is also increasing, and I don't know what changes will be made in the future.
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The state-owned land expropriation ** table is as follows:
1. The compensation standard for cultivated land expropriation is 10,000 yuan per mu of dry land. The average compensation per mu for paddy fields is 90,000 yuan. The average compensation per mu for vegetable fields is 150,000 yuan;
2. The compensation standard for expropriation of basic farmland is 10,000 yuan per mu on average. The average compensation per mu of paddy fields is 10,000 yuan. The average compensation per mu for vegetable fields is 10,000 yuan;
3. The average compensation per mu for the expropriation of forest land and other agricultural land is 10,000 yuan;
4. The average compensation per mu for the expropriation of collective construction land such as industrial and mining construction land, villagers' residences, and roads is 10,000 yuan;
5. The average compensation per mu for the expropriation of idle land, barren hills, wasteland, barren beaches, barren ditches and unused land is 10,000 yuan.
Land Management Law of the People's Republic of China
Article 2. The People's Republic of China implements the socialist public ownership of land, that is, the ownership of the whole people and the collective ownership of the working masses.
Ownership by the whole people, i.e. ownership of state-owned land is exercised by *** on behalf of the state.
No unit or individual may occupy, buy, sell, or illegally transfer land in any other form. Land use rights may be transferred in accordance with law.
The State may, for the sake of the public interest, expropriate or expropriate land in accordance with the law and provide compensation.
The State implements a system of paid use of state-owned land in accordance with the law. However, the State shall not allocate the right to use state-owned land within the scope prescribed by law. Article 35.
After permanent basic farmland has been demarcated in accordance with law, no unit or individual may occupy or change its use without authorization. It is indeed difficult to avoid permanent basic farmland in the site selection of key construction projects such as national energy, transportation, water conservancy, and military facilities, and those involving the conversion of agricultural land or land acquisition must be approved.
It is forbidden to circumvent the approval of the conversion of permanent basic farmland and agricultural land or land acquisition by means such as adjusting the overall land use plan at the county level or the overall land use plan of the township (town) without authorization.
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Hello, the compensation given to the expropriated person by the expropriation of state-owned land includes the compensation for the value of the expropriated house, the resettlement subsidy, the loss of production and business, the relocation fee, etc., in principle, the compensation for the value of the expropriated house cannot be lower than the market of similar real estate on the date of the announcement of the expropriation decision.
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Legal analysis: 1. The standards of land compensation fees and resettlement subsidies for the expropriation of agricultural land shall be determined by provinces, autonomous regions and municipalities directly under the Central Government through the formulation and publication of comprehensive land prices for the districts.
2. 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.
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 livelihoods are 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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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.
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The average compensation per mu for dry land, 90,000 yuan per mu for paddy fields, and 150,000 yuan per mu for vegetable fields.
The average compensation per mu for the expropriation of forest land and other agricultural land, the average compensation per mu for the expropriation of industrial and mining construction land, villagers' residences, roads and other collective construction land, and the average compensation of 10,000 yuan per mu for the expropriation of idle land, barren mountains, wasteland, barren beaches, barren ditches and unused land.
Land Acquisition Work Procedures:
1. Huaiji informs the land acquisition situation, before the land acquisition is submitted for approval in accordance with the law, the local land and resources department shall inform the land-expropriated rural collective economic organizations and farmers in writing of the use, location, compensation standards, resettlement channels, etc., and after the notification, the land-expropriated rural collective economic organizations and farmers will not be compensated for the above-ground attachments and seedlings that are planted, planted and built on the land to be acquired.
2. Confirm the results of the land acquisition survey, the land and resources department, together with the transportation and forestry departments, shall investigate the current situation of the ownership, land type, area and ownership, type and quantity of the attached objects on the ground to be acquired, and the results of the investigation shall be confirmed jointly with the land-expropriated rural collective economic organizations, farmers and property owners of the attachments on the ground, and the relocation offices of the cities.
3. Organize land requisition hearings, before land requisition is submitted for approval in accordance with the law, the land and resources department shall inform the land-expropriated rural collective economic organizations and farmers that the compensation standards and resettlement channels of the land to be expropriated have the right to apply for a hearing, and if the parties apply for a hearing, they shall organize hearings in accordance with the procedures and relevant requirements stipulated in the provisions of the land and resources hearing.
4. Sign the land requisition compensation agreement, and the national land resources department shall, in accordance with the compensation standards formulated in this plan, sign a land requisition compensation agreement with the land-expropriated rural collective economic lead infiltration organization and individual farmers, and report the agreement as a necessary part of the land requisition report with the land requisition file.
5, public land requisition approval matters, approved by the law to expropriate the land, except for special circumstances involving national secrecy provisions, the provincial Department of land and resources through the ** to the public to publicize the approval of land requisition, county and municipal land and resources departments shall, in accordance with the provisions of the land requisition announcement measures, in the village where the land is expropriated, the group announcement of land requisition approval matters.
6, the payment of land requisition compensation and resettlement fees, land requisition compensation and resettlement program approved by the city, county ** should be in accordance with the time limit prescribed by law to the land-expropriated rural collective economic organizations to pay land requisition compensation and resettlement costs on time, the local land and resources departments should cooperate with agriculture, civil affairs and other relevant departments to supervise the distribution and use of land requisition compensation and resettlement costs within the land-expropriated collective organizations. <>
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