How should the expropriated land be compensated and how should the expropriated land be compensated

Hello, the compensation given to the expropriated person by land expropriation includes land compensation, land attachments, resettlement subsidies, seedling subsidies and rural villagers' housing fees, among which the compensation and resettlement subsidies for land are determined according to the comprehensive land price of the expropriated area, and in principle, it cannot be lower than the original living standard of the expropriated person.

Legal analysis: The specific standards and amounts of various land acquisition compensation fees shall be stipulated by the land acquisition compensation and resettlement plan approved by the city and county ** in accordance with the law.

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 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.

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 the land acquisition compensation fees and other related expenses of the expropriated land units.

Hello, the compensation given to the expropriated person by land expropriation includes land compensation fee, land attachments, resettlement subsidy, seedling subsidy, rural villagers' housing fee, social security fee, etc., among which, the land compensation fee and resettlement subsidy are determined according to the comprehensive land price of the expropriated area, and in principle, it cannot be lower than the original living standard of the expropriated person.

There is no uniform amount standard for compensation for land expropriation in the state, and it is different from place to place, and it should be determined according to the current situation and purpose of the land and the local economic level. The state shall pay the land compensation fee, resettlement subsidy and compensation fee for rural villagers' houses, other above-ground attachments and seedlings in full and in a timely manner in accordance with the law, and arrange the social security expenses of the 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 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. Among them, the rural villagers' houses shall be compensated by rearranging the homestead land to build houses, providing resettlement houses, or monetary compensation.

[Legal basis].Article 48 and Article 48 of the Land Management Law shall give fair and reasonable compensation to ensure that the original living standards of the 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 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 living conditions improved, in accordance with the principles of compensation before relocation, and the improvement of living conditions, respecting the wishes of rural villagers, and giving fair and reasonable compensation by means such as rearranging homestead land for construction, providing resettlement housing, or monetary compensation, and compensating for the costs of relocation and temporary resettlement caused by expropriation, so as to protect 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.

Hello, the compensation given to the expropriated person by land expropriation includes land compensation, ground attachments, resettlement subsidies, seedling subsidies and rural villagers' housing fees, among which, the compensation and resettlement subsidies for land are determined according to the comprehensive land price of the expropriated area, and in principle, it cannot be lower than the original living standard of the expropriated person.

Hello, rural land is expropriated, and the compensation given to the expropriated person includes compensation for land, attachments on the ground, resettlement subsidies, seedling subsidies, rural villagers' housing expenses, social security expenses, etc. Among them, the compensation fee and resettlement subsidy fee for land are determined according to the comprehensive land price of the expropriated area. However, in principle, it should not be lower than the original living standard of the expropriated person, therefore, in practice, if the compensation is unreasonable, it is recommended that the expropriated person should take legal measures to protect his rights and interests in a timely manner.

Legal analysis: Rural collective economic organizations, villagers' committees, and villagers' groups may, in accordance with the procedures prescribed by law, decide on the distribution of land compensation fees already received within the collective economic organization.

Legal basis: Article 24 of the Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Cases Involving Rural Land Contract Disputes: Rural collective economic organizations, villagers' committees, and villagers' groups may, in accordance with the procedures prescribed by law, decide to distribute the land compensation fees already received within the collective economic organizations. When the land requisition compensation and resettlement plan is determined, the person who already has the membership of the collective economic organization, and requests the payment of the corresponding share, shall be supported.

However, local regulations, autonomous regulations, special regulations, and local regulations that have been reported to the Standing Committee of the National People's Congress and filed with the National People's Congress have other provisions on the distribution of land compensation fees within rural collective economic organizations.