Land occupation, according to what provisions should be compensated

1. It should be compensation for land acquisition for urban construction, not compensation.

2. In accordance with the Land Management Law of the People's Republic of China:

Article 27 The land-using units shall pay land compensation fees for land requisitioned by the state for construction. The compensation fee for the expropriation of cultivated land shall be 3 to 6 times the average annual output value of the cultivated land in the three years prior to the expropriation. The standards for compensation 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 compensation standards 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.

Requisition of vegetable land in the suburbs of the city, the land-using unit shall, in accordance with the relevant provisions of the State, pay for the development and construction of new vegetable land**.

Article 28 In addition to paying compensation for land requisitioned by the state, the land-using unit shall also pay the resettlement subsidy.

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 land-expropriated units before land acquisition. The standard of resettlement subsidy for each agricultural population in need of resettlement shall be the resettlement subsidy for the expropriated cultivated land, and the maximum shall not exceed 10 times the average annual output value of the three years prior to the expropriation.

The standards for resettlement subsidies for requisitioned other land shall be prescribed by provinces, autonomous regions and municipalities directly under the Central Government with reference to the standards for resettlement subsidies for requisitioned cultivated land.

Land Management Law of the People's Republic of China

Yes, you can go to court and sue them! There are still people in China who are in charge of this!

Compensation standards for occupied land.

1.The expropriation of cultivated land and vegetable land shall be calculated at six times the average annual output value (the same below) in the three years before the expropriation of the land in accordance with the ** policy stipulated by the state.

2.The requisition of land such as fish ponds, lotus root ponds, breeding farms, orchards, bamboo orchards, and forest land shall be calculated at five times the annual output value of the land.

3.The expropriation of firewood, tidal land, reservoirs, reed ponds and other non-cultivated land with income shall be calculated at three times the annual output value of the land.

4.If the requisitioned homestead land is calculated according to the compensation standard of the adjacent cultivated land, and the house is requisitioned by the construction unit separately, the original homestead shall not be compensated.

5.Compensation is generally not given for the expropriation of non-profitable non-cultivated land.

Land Management Law of the People's Republic of China Article 47 Where the State expropriates land, it shall be announced and organized by the local people at or above the county level after approval in accordance with legal procedures.

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 relevant preliminary work is completed, the local people at or above the county level can apply for land expropriation.

Legal analysis: the land use right should be compensated for the corresponding compensation, for the public interest to use the land and for the implementation of urban planning for the reconstruction of the old city, the need to adjust the use of land, is due to the need to use the land and the land user can not continue to use the land, so the land user should be given appropriate compensation.

Legal basis: "Land Management Law of the People's Republic of China" Fifth land administrative departments are responsible for the management and supervision of land throughout the country. The establishment and responsibilities of the administrative departments of the local people at or above the county level shall be determined by the people of the provinces, autonomous regions and municipalities directly under the Central Government in accordance with the relevant regulations.

1) Occupy basic farmland and have no conditions for reclamation, shall pay a cultivated land reclamation fee of 2 times the compensation fee for the land supplement in the place; If the reclaimed cultivated land does not meet the requirements, the cultivated land reclamation fee shall be paid for the land compensation fee of between 1 and 2 times. (B) occupy other cultivated land, there is no condition for reclamation, shall pay the land compensation fee of 1 times the land compensation fee for the land; If the cultivated land does not meet the requirements, the cultivated land reclamation fee shall be paid at the rate of not less than one time of the land compensation fee for the land expropriated. The land compensation fee for cultivated land in the area shall be calculated at 40% of the compensation standard for the comprehensive land price of the area.

Cultivated land reclamation fees shall be included in the total investment of construction projects.

Legal basisLand Administration Act

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 the compensation and resettlement subsidies for the source 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.

The land use right shall be compensated accordingly, and if the land is used for the public interest and the old urban area is reconstructed for the implementation of urban planning, the land user can not continue to use the land because of the need to use the land, so the land user shall be given appropriate compensation.

Legal basis] according to Article 5 of the Law on the Elimination of Land Management, the land administrative departments are responsible for the management and supervision of land throughout the country. The setting of local people's land administrative departments at or above the county level and their responsibilities shall be determined by the people's departments of provinces, autonomous regions and municipalities directly under the Central Government in accordance with the relevant provisions.