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The compensation standards for the relocation of ancestral graves in rural areas are as follows:Compensation standards for the relocation of rural graves: 1,000 yuan per hole for brick or cement structures, 120 yuan for each bone altar, 5,000 yuan for each burial grave, and compensation for large and luxurious cemeteries by agreement, which is determined according to local policies and actual conditions.
Article 48 of the Land Administration Law. Fair and reasonable compensation shall be given for land expropriation, so as to ensure that the original living standards of land-expropriated farmers are not reduced and their long-term livelihood is guaranteed.
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.
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The so-called cemetery demolition is actually the expropriation of land and therefore the demolition of graves. Article 47 of the Land Management Law provides that 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.
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Legal analysis: There is no unified standard for compensation for grave relocation in China's law, and the compensation standard is different in each place, and the local policy should prevail.
Legal basis: Land Management Law of the People's Republic of China
Article 48.
After the compensation and resettlement plan for land acquisition is determined, the relevant local people shall make an announcement and listen to the opinions of the land-expropriated rural collective economic organizations and farmers.
Article 2 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land.
For the needs of the public interest, the owner of the expropriated house (hereinafter referred to as the expropriated person) shall be fairly compensated for the expropriation of the houses of units and individuals on state-owned land.
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Hello, I am glad to answer for you: the compensation standard for the relocation of rural graves is: 1,000 yuan per hole for brick or cement structure, 120 yuan for each bone altar, 5,000 yuan for each hole of the cemetery that has been buried, and compensation for large-scale and luxurious cemeteries is agreed on separately, and the town is determined according to local policies and actual conditions.
Legal basis: Article 48 of the Land Management Law provides 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. 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 of Yuluna 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 land, land resource conditions, land output value, land location, land supply and demand, population, and economic and social development level, and adjust or re-publish one town at least 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.
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Legal analysis: For the compensation standard for the relocation of rural graves, it is necessary to refer to the "Regulations on the Expropriation and Compensation of Houses on State-owned Land" for compensation, but the "Regulations on the Expropriation and Compensation of Houses on State-owned Land" stipulates that each province and city shall stipulate its own regulations, and the compensation standards of each province and city are different.
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 made 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 losses caused by the suspension of production and business caused by the expropriation of houses. The people at the municipal and county levels shall formulate subsidies and incentives to give subsidies and rewards to the expropriated persons.
Article 18 If the expropriated person meets the requirements for housing security, the people at the city and county level who make the decision to expropriate the housing shall give priority to housing security. Specific measures are to be formulated by provinces, autonomous regions, and municipalities directly under the Central Government.
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, therefore, in practice, if you feel that the compensation is unreasonable, you can take legal measures to protect your legitimate rights and interests.
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