How to compensate for the expropriation of construction land

Legal Analysis: Compensation Standards for Construction Land: :

1) Where cultivated land is requisitioned, the land compensation fee shall be between 6 and 10 times the annual output value of the cultivated land in the three years prior to the expropriation; In the case of expropriation of other land, the land compensation fee shall be 5 to 6 times the average annual output value of the adjacent cultivated land in the previous three years; If the output value of the green seedlings on the expropriated land can be calculated, compensation shall be made according to the output value, and reasonable compensation shall be given if the output value cannot be calculated; The compensation standards for above-ground attachments such as buildings and structures on the expropriated land shall be reasonably compensated with reference to the market. Those who rush to plant or build after the announcement of the land expropriation plan will not be compensated for the skin.

2) In the case of requisitioned cultivated land, the standard of resettlement subsidy for each agricultural population in need of resettlement shall be 4 to 6 times the average annual output value of the cultivated land in the three years prior to the expropriation of the cultivated land, but the resettlement subsidy for each requisitioned cultivated land shall not exceed 15 times the average annual output value of the cultivated land in the three years before the expropriation of the cultivated land. For the expropriation of other land with income, the standard of resettlement subsidy is 4 to 6 times the average annual output value of adjacent cultivated land in the previous three years, and the resettlement subsidy is not paid for the expropriation of land without income.

3) In accordance with the provisions of the payment of land compensation and resettlement subsidies, can not be used to maintain the original living standards of the peasants who need to be resettled, with the approval of the provincial people, can increase the resettlement subsidy. However, the sum of land compensation and resettlement subsidies shall not exceed 30 times the average annual output value of the land in the three years prior to the expropriation.

Legal basis: Regulations on the Expropriation and Compensation of Houses on State-owned Land

Article 2 For the needs of the public interest, the expropriation of the houses of units and individuals on State-owned land shall give fair compensation to the owners of the expropriated houses.

Article 10 The housing expropriation department shall draw up a compensation plan for expropriation and report it to the people at the municipal and county levels. The people's governments at the municipal and county levels shall organize relevant departments to demonstrate the expropriation compensation plan and publish it to solicit public opinions. The period for soliciting comments must not be less than 30 days.

Article 48 of the Land Management Law shall give fair and reasonable compensation for the expropriation of land to ensure that the original living water content of the farmers who have been expropriated early is not reduced, and the long-term livelihood is guaranteed.

The expropriation of land shall be paid in full and in a timely manner in accordance with the law, as well as the compensation fees for rural villagers' houses, other above-ground attachments and the sale of green seedlings by the elderly, and arrange the social security expenses of the land-expropriated farmers.

The compensation standard for land acquisition for construction land is:

1. The compensation standard for cultivated land is 10,000 yuan per mu on average. 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 basic farmland compensation standard for expropriation is an average compensation of 10,000 yuan per mu for dry land. 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.

Legal basis: Article 47 of the Land Management Law provides that if 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 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 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 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.

Hello, the houses on the rural homestead are expropriated, and monetary compensation, property rights replacement and homestead construction are generally adopted, among which, if the expropriated person chooses to replace the property rights, it shall be carried out according to the principle of splitting one and returning one, and if the expropriated person chooses monetary compensation, in principle, it cannot be lower than the original living standard of the expropriated person.

Legal Analysis: **The compensation standards for the expropriation of collective construction land are as follows:

1. Where cultivated land is requisitioned, the land compensation fee shall be between 6 and 10 times the annual output value of the cultivated land in the three years before the expropriation of cultivated land;

2. If other land is expropriated, the land compensation fee shall be 5 to 6 times the average annual output value of the adjacent cultivated land in the previous three years;

3. If the output value of the green seedlings on the expropriated land can be calculated, the compensation shall be made according to the value of the production reform;

4. The compensation standards for buildings, structures and other above-ground attachments on the expropriated land shall be reasonably compensated with reference to the market.

Legal basis: Article 48 of the Land Management Law stipulates that 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 districts shall comprehensively consider factors such as the original use of the land, the conditions of land resources, the value of 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.