Legal advice on compensation for land acquisition

According to the Law on Rural Land Contracting

1. He has no right not to let you contract.

Article 5: Members of rural collective economic organizations have the right to contract rural land contracted by their collective economic organizations in accordance with law.

No organization or individual may deprive or unlawfully restrict the right of members of rural collective economic organizations to contract land.

2. The contracting matters shall be determined by the local people at or above the county level.

Article 23: Local people at or above the county level shall issue certificates such as land contracting and management rights certificates or forest rights certificates to the contracting party, and register them to confirm land contracting and management rights.

The litigation process is complicated, so it's best to find a local lawyer. Before suing, you can try to negotiate a settlement, go to the county ** to reflect the situation, and see if I can give you another piece of land or something.

The current policy is that if it has not been cultivated for many years, it can be recovered.

However, it is unreasonable for the village leaders not to allocate land on the grounds that the contract has expired.

In addition, village leaders should not be able to directly decide how to allocate land, and local county-level authorities should have special working groups to take charge of this matter.

If it has been requisitioned, whether it can be compensated depends on the specific actual situation at that time.

You are a member of a collective economic organization and you should be given land, and it is not appropriate for the village to do so.

You didn't get a share of the land, and your claim for compensation now is, of course, unfounded. However, you can negotiate with your village on this issue, or you can do it through litigation.

The sample lawsuit you are talking about may be a complaint, this is not easy to say, as long as you prove that you are a member of this villager collective, you have this right.

Legal Analysis: There is no uniform standard for compensation for expropriated land. The general principle of compensation is not to reduce the original standard of living and conditions, but to make appropriate improvements and enhancements.

Houses on state-owned land refer to the Regulations on the Expropriation and Compensation of Houses on State-owned Land No. 590 (Decree No. 590 of the People's Republic of China), and refer to the provisions of the Land Management Law for collective land.

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.

Land Management Law of the People's Republic of China Article 18 of the fourth reform of land expropriation shall be given fair and reasonable compensation to ensure that the original living standards of land-expropriated farmers are not reduced and their long-term livelihoods are 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 their living conditions improved, and the wishes of rural villagers shall be respected, and fair and reasonable compensation shall be given by means such as rearranging homestead land for construction, providing resettlement housing, or monetary compensation, and compensation shall be made for relocation and temporary resettlement expenses caused by expropriation, so as to protect rural villagers' right to live and 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.

Legal Analysis: Legal Provisions for Compensation for Expropriation of Land.

The relevant provisions on compensation for land expropriation are scattered in the Land Law.

Legal basis: Article 47 of the Land Management Law of the People's Republic of China stipulates 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.

Article 26 stipulates that land compensation fees shall belong to rural collective economic organizations; The compensation fee for above-ground attachments and seedlings belongs to the owners of above-ground attachments and seedlings.

The resettlement subsidy for requisitioned land must be earmarked and must not be diverted for other purposes. Where the persons who need to be resettled are resettled by the rural collective economic organization, the resettlement subsidy shall be paid to the rural collective economic organization and shall be managed and used by the rural collective economic organization; if it is resettled by other units, the resettlement subsidy shall be paid to the resettlement unit; Where unified resettlement is not required, the resettlement subsidy shall be paid to the individual resettled person or used to pay the resettled person's insurance expenses after obtaining the consent of the resettled person.