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Land Management Law of the People's Republic of China.
23rd land compensation for requisitioned land shall be calculated and paid in accordance with the following standards:
1) Where cultivated land is requisitioned, compensation shall be made according to 8 to 10 times the average annual output value of the three years prior to the expropriation;
2) Where agricultural land other than cultivated land is requisitioned, compensation shall be made according to four to seven times the average annual output value of the three years prior to the expropriation;
3) Where unused land is requisitioned, compensation shall be made according to 50% of the local cultivated land compensation fee;
4) Where land is requisitioned for construction, compensation shall be made with reference to the compensation standards for local cultivated land.
Article 24 The resettlement subsidy for requisitioned 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 to be expropriated by the average amount of cultivated land occupied by the expropriated units before the expropriation. 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 per hectare of expropriated cultivated land shall not exceed 15 times the average annual output value in the three years preceding the expropriation.
Resettlement subsidies for land other than cultivated land shall be handled with reference to the provisions of the preceding paragraph.
The resettlement subsidy for requisitioned land must be earmarked for the resettlement of laborers and shall not be diverted for other purposes. The people of the city and county shall organize the relevant departments and units to adopt social insurance, provide employment opportunities, set up enterprises, one-time subsidies and other means to properly resettle the persons who need to be resettled.
25th in accordance with the provisions of Article 23 (1) and Article 24 of the first paragraph of these measures to pay land compensation and resettlement subsidies, can not make the need to resettle farmers maintain the original standard of living, approved by the provincial people, can increase the resettlement subsidy. However, the total amount 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.
For expropriated land, the agricultural tax and special agricultural product tax borne by the land shall cease to be levied from the year following the approval of the expropriation.
Article 26 The compensation fee for green seedlings on the expropriated land shall be calculated according to the output value of the crops in the current season;Compensation for trees, buildings, structures, farmland and water conservancy facilities on the expropriated land shall be calculated according to their actual value;No compensation will be paid for the trees, crops planted or facilities built after the announcement of the land expropriation programme.
Article 27 The average annual output value is calculated as follows: the average annual output of the three years prior to the expropriation multiplied by the ** stipulated by the State;If the state does not stipulate **, it shall be calculated according to the market ** announced or recognized by the price department of the city or county.
The average annual output referred to in the preceding paragraph shall be subject to the average annual output of the township (town) in the previous three years as counted by the statistical department where the expropriated land is located.
28th city and county people shall, in accordance with the provisions of these measures, combined with local conditions, develop specific standards for compensation for land expropriation. Root.
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The compensation standards for rural land published on some websites are basically not credible, and only the compensation standards for land expropriation issued by the people of various provinces, autonomous regions and municipalities directly under the Central Government are credible.
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Legal analysis: 1. The specific measures for compensation and resettlement of the land owned by the expropriation of farmers' collectives shall be formulated by ***. In accordance with the specific measures formulated by the government, provinces, autonomous regions and municipalities directly under the Central Government may stipulate specific standards for compensation and resettlement.
2. If the land is expropriated, compensation shall be given according to 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 sum of the land compensation fee and the resettlement subsidy fee shall not exceed 30 times the average annual output value of the land in the three years preceding the expropriation. 3. Land requisition compensation includes land compensation, resettlement subsidies and social security expenses for land-expropriated farmers, compensation for farmers' houses, and compensation for other above-ground attachments and seedlings. 4. In terms of housing security.
Land-expropriated farmers in urban planning areas will be provided with houses on state-owned land, and monetary compensation will be given at market prices if they cannot be provided; Outside the urban planning area, homestead land is arranged to rebuild the house and compensation is provided according to the cost of the new house.
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 resettlement subsidy for cultivated land shall be calculated according to the number of agricultural population in Lu Bufan who 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 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. 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. If the land compensation fee and resettlement subsidy are paid in accordance with the provisions of the second paragraph of this article, and the peasants who need to be resettled cannot maintain their original living standards, the resettlement subsidy may be increased with the approval of the people's government of the province, autonomous region, or municipality directly under the Central Government.
However, the sum 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: New Policy on Compensation for Rural Land Expropriation: The compensation standard for rural land expropriation consists of land compensation fees, resettlement subsidies, and compensation fees for seedlings and above-ground attachments.
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 of land compensation fees 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 decay price of 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, 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 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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The new standard of compensation for rural land expropriation stipulates that land expropriation shall be paid in full and in a timely manner in accordance with the law, as well as compensation for rural villagers' houses, other above-ground attachments and seedlings, and social security expenses for land-expropriated farmers. As for the question of how to stipulate the new standard of compensation for rural land expropriation, I will answer it for you in detail below.
1. How to stipulate the new standards for compensation for rural land expropriation
1. The provisions of the new standard for compensation for rural land expropriation are: land expropriation shall be paid in full and in a timely manner in accordance with the law, as well as land compensation fees, resettlement subsidies, and compensation fees for rural villagers' houses, other above-ground attachments and seedlings, etc., and social security expenses for land-expropriated farmers shall be arranged.
2. Legal basis: According to Article 48 of the Land Management Law of the People's Republic of China, the standards of 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 the comprehensive land price of the area. The formulation of comprehensive land prices for districts 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-announced 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.
2. What should be done if the peasants do not agree to the expropriation of land
During the announcement period, the land-expropriated farmers have the right to express different opinions and can request a hearing. After the land acquisition compensation and resettlement plan is approved by the people of the city and county, if the land-expropriated farmers have disputes over the compensation standards, they shall be coordinated by the people at or above the county level; If the coordination fails, the people who approve the land acquisition shall make a ruling. If the approval of the land acquisition authority is the people of the province, autonomous region and municipality directly under the Central Government, then the ruling made by it can apply for reconsideration once in accordance with the law, and if the reconsideration decision is not satisfied, it can apply for a final ruling, or directly file an administrative lawsuit with the people's court.
1. The key to land expropriation is not whether the peasants sign and agree, but whether it is legal. If it is a legal land acquisition, it is useless for farmers not to sign, because land acquisition is a state act, and it is carried out by cities and counties on behalf of the state.
2. To judge whether land acquisition is legal, the simplest thing is to see if there are two announcements: the "Announcement of the Land Acquisition Program" issued by the city and county ** and the "Announcement of the Land Acquisition Compensation and Resettlement Program" issued by the Land Bureau, both of which should be posted in the village group where the land is expropriated, and the people can see it. In the absence of these two announcements, it can be determined that the land acquisition is not legal.
For illegal land acquisition, farmers certainly have the right to refuse, and the local ** cannot be forcibly occupied.
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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 standards of compensation for rural land expropriation are as follows:
1. If the land is expropriated, compensation shall be given according to the original use of the expropriated land;
2. 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;
3. The resettlement subsidy for cultivated land shall be calculated according to the number of agricultural population to be resettled.
What are the land acquisition processes?
1. The land use unit of the construction project shall apply to the municipal and county land administrative departments for land use application;
2. The land department of the city and county shall formulate a land acquisition plan and report it to the people at the same level for review;
3. Land acquisition review and approval;
4. The people where the land is expropriated issue an announcement on the land expropriation plan;
5. The people and their land departments where the land is expropriated shall formulate compensation and resettlement plans and announce them;
6. The implementation of the compensation and resettlement plan for the people in the place where the land is expropriated and the land department;
7. The construction project land unit shall be issued with the approval certificate of construction land.
Legal basis: Article 47 of the Land Management Law of the People's Republic of China.
If the state expropriates land, after approval in accordance with legal procedures, the local people at or above the county level shall make a public announcement and organize the implementation.
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.
Probably multiple the size of your home to compensate.
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