The construction of cement roads in the vegetable fields by the village is whether it is expropriate

The construction of cement roads in the vegetable fields by the village should be expropriated. In accordance with the Constitution, the State may, in accordance with the provisions of the law, expropriate or expropriate land and provide compensation for the needs of the public interest. The difference between expropriation and expropriation is that the essence of expropriation is compulsory purchase, mainly a change in land ownership, and there is no question of return.

The essence of expropriation is compulsory use, which is a change in the conditional right of use, and the expropriated land shall be returned to the expropriated person in a timely manner after the use of the land is completed, which is an act of temporary use of land.

Article 10 of the Constitution The land of cities shall be owned by the State.

Land in rural areas and on the outskirts of cities is collectively owned, except as provided for by law and belonging to the State; Homesteads, self-cultivated land, and self-cultivated mountains are also collectively owned.

The State may, in accordance with the provisions of law, expropriate or expropriate land and provide compensation for the needs of the public interest.

Land Administration Act

Article 2 The People's Republic of China implements the socialist public ownership of land, that is, ownership by the whole people and collective ownership by 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.

That's called requisition. The state is called expropriation. As long as you don't want to, you can not let the village levy it. The village is not allowed to use your private land.

Legal Analysis: There is compensation. The construction of rural roads is conducive to the passage of villages and households, and it is more beneficial to bring the countryside into the city, which is a long-term interest.

Since it is a village road, it is certain that the road to be built does not belong to the county road or a higher grade road. It may belong to the village road. Therefore, the construction of this road can be done by village collectives or community collectives.

Therefore, no compensation can be made for the occupied land**, and whether or not to compensate for the land of the occupied farmers or other treatment issues (such as adjusting the land within the collective) should be decided by the village or community collective. In addition, if the land is expropriated by the state in the future, the state will compensate at that time, and the plan of how to distribute the compensation for land acquisition is also determined by the collective.

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 fees for the expropriation of cultivated Sunyin land include land compensation fees, resettlement subsidies, banquet fees, and compensation fees 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 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 resettlement subsidy for each agricultural population to be resettled is 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 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.

48th land requisition compensation and resettlement programme is determined, the relevant local people should be announced, and listen to the views of the land-expropriated rural collective economic organizations and farmers.

49th land-expropriated rural collective economic organizations shall be expropriated land compensation costs of the income and expenditure to the members of the collective economic organizations announced, subject to supervision.

It is forbidden to encroach upon or misappropriate land expropriation compensation fees and other related expenses of expropriated land units.

Legal analysis: The compensation for rural road land acquisition is composed of compensation for the value of the expropriated houses, the costs of temporary resettlement due to the relocation caused by the houses, the compensation for the loss of production and business suspension caused by the lack of housing expropriation, and the subsidies and incentives formulated by the people at the city and county levels. The specific compensation measures will vary according to the actual local situation.

Legal Basis or Defence:

Regulations on the Expropriation and Compensation of Houses on State-owned Land" Article 17 The compensation given to the expropriated person by the people at the city and county level who make the decision to expropriate the house includes:

1) Compensation for the value of the expropriated house;

2) Compensation for relocation and temporary resettlement caused by the expropriation of housing;

3) Compensation for the loss of production and business suspension caused by the expropriation of housing.

The people at the municipal and county levels shall formulate measures for subsidies and incentives, and give subsidies and rewards to the expropriated persons.

Legal analysis: The compensation for rural road land acquisition is composed of compensation for the value of the expropriated house, the cost of temporary resettlement due to the relocation caused by the house, the compensation for the loss of production and business suspension caused by the expropriation of the house, and the subsidy and reward for the people at the city and county levels. The specific compensation measures will vary according to the actual local situation.

Yamacha sells. Legal basis: "Regulations on the Expropriation and Compensation of Houses on State-owned Land" Article 17 The compensation given to the expropriated person by the people at the city and county level who make the decision to expropriate the house includes:

1) Compensation for the value of the expropriated house;

2) Compensation for relocation and temporary resettlement caused by the expropriation of housing;

3) Compensation for the loss of production and business suspension caused by the expropriation of housing.

The people at the municipal and county levels shall formulate subsidies and incentives to give subsidies and rewards to the expropriated persons.

Legal analysis: The compensation for land acquisition and road construction in the village includes land compensation, resettlement subsidies, and compensation for ground attachments and seedlings. If the expropriated land is cultivated land, the compensation fee shall be six to ten times the average annual output value of the cultivated land in the three years preceding the expropriation.

Legal basis: Article 48 of the Land Management Law of the People's Republic of China 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 be paid in full and in a timely manner in accordance with the law, land compensation, resettlement subsidies and compensation for rural villagers' residences, other above-ground attachments and seedlings, etc., and arrangements shall be made for the social security of 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.

In the case of filial piety, the rural villagers' houses shall be sold in accordance with the principles of compensation before relocation and improvement of living conditions, respect the wishes of the rural villagers, and give fair and reasonable compensation by means such as rearranging homestead land for construction, providing resettlement housing, or monetary compensation, and compensate for the expenses of relocation and temporary resettlement caused by expropriation, so as to protect the rural villagers' right to live and their 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.