How the state compensates farmers for land fees for the construction of railways

According to the provisions of the Property Law, for the public interest, collectively owned land, units, individual houses and other immovable property may be expropriated in accordance with the authority and procedures prescribed by law. For the expropriation of collectively-owned land, land compensation, resettlement subsidies, compensation for above-ground attachments and seedlings and other expenses shall be paid in full in accordance with the law, and social security expenses for land-expropriated farmers shall be arranged, so as to ensure the livelihood of land-expropriated farmers and safeguard the legitimate rights and interests of land-expropriated farmers. Peasants' land is collectively owned, and peasants contract collective soil in accordance with the contract management contract and enjoy the right to contract the land, and the state shall compensate the peasants for their expropriation of land in accordance with relevant regulations.

The specific compensation depends on the actual situation in your local area.

Different places, of course, the standards are different.

Legal analysis: compensation according to the local land acquisition compensation standard.

Legal basis: Article 47 of the Land Management Law of the People's Republic of China: 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 an investigation 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) where the land is to be expropriated and the village and the villagers' group shall be announced for at least 30 days, and the opinions of the rural collective economic organizations and their members, villagers' committees and other stakeholders shall be heard.

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 ownership of the immovable property. Local people at or above the county level shall organize relevant departments to calculate and implement the relevant expenses, ensure that the full amount is in place, and sign an agreement on compensation and resettlement with the owner and user of the land to be expropriated and requisitioned; 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 completion of the relevant preliminary work, the local people at or above the county level can apply for land expropriation.

The construction of high-speed railways occupies peasants' land, and the content and provisions of compensation are as follows:

1. Whether it is to occupy land for road construction, high-speed rail construction, airport construction, or land occupation for other public interests, it is generally necessary to give reasonable and fair compensation to the land user or house owner;

2. Land expropriation is generally based on the needs of public interests, so the expropriated persons should be compensated in an all-round way, including land compensation, resettlement subsidies, seedling subsidies, ground attachments and rural villagers' housing fees, etc., and social security fees for land-expropriated farmers should also be arranged;

3. In the case of rural villagers' residences, the wishes of rural villagers shall be respected in accordance with the principles of compensation before relocation and improvement of living conditions, and fair and reasonable compensation shall be given by means of rearranging homestead land for construction, providing resettlement housing, or monetary compensation, and compensation shall be made for the expenses of relocation and temporary resettlement caused by expropriation, so as to protect the rural villagers' right to live and their lawful rights and interests in housing property. That is to say, if the villagers' houses are within the scope of demolition, then they must be compensated first, and then relocated, and the wishes of the villagers must be respected.

Legal basis] Regulations for the Implementation of the Land Management Law of the People's Republic of China

Article 32 Provinces, autonomous regions and municipalities directly under the Central Government shall formulate and publish the comprehensive land price of the area, determine the land compensation fee and resettlement subsidy standard for the expropriation of agricultural land, and formulate the land compensation fee and resettlement subsidy distribution method.

The cost of compensation for the attachments and seedlings on the ground shall belong to the owner.

Social security expenses are mainly used for social insurance payment subsidies such as endowment insurance for eligible land-expropriated farmers, and are separately disbursed in accordance with the regulations of provinces, autonomous regions and municipalities directly under the Central Government.

Local people at or above the county level who apply for land expropriation shall promptly implement land compensation fees, resettlement subsidies, compensation fees for rural villagers' houses and other above-ground attachments and seedlings, social security expenses, etc., and ensure that the full amount is in place and the funds are earmarked. If the relevant fees are not fully paid, the land expropriation shall not be approved.

Various types of compensation paid by the demolition and construction unit to the owner or user of the demolished house in accordance with the prescribed standards. Generally, there are:

1) Housing compensation fee (house replacement fee), which is used to compensate for the loss of all the prudent owners of the demolished house, is classified according to the structure and depreciation degree of the demolished house, and is calculated according to the unit price of square meters.

2) Turnover compensation fee, which is used to compensate for the inconvenience of temporary residence or self-employment of the residents of the demolished houses, and is divided according to the temporary living conditions, and is subsidized monthly according to the population of the households of the demolished houses.

3) Incentive compensation fee, which is used to encourage the residents of the demolished houses to actively assist in the demolition of the houses or voluntarily give up some rights, such as voluntarily moving to the suburbs or not requiring the demolition units to resettle the housing, and the standards of the compensation fees for house demolition shall be determined by the local people according to the actual local situation and the relevant laws and policies of the state. The formula for calculating the compensation price of the location of the house and the replacement of the demolished house to the new price is as follows: the compensation price of the house demolition = the compensation price of the homestead location The area of the homestead + the replacement of the demolished house to the new price.

1) Calculation standards for compensation for house demolition.

1) Monetary compensation for house demolition = legally owned property appraisal** + agreed compensation amount for house decoration and decoration (or compensation amount for house decoration and decoration determined by assessment).

2) The difference in compensation for house demolition = assessment of legally owned real estate** + agreed compensation amount for house decoration or compensation amount for house decoration and decoration determined by assessment) - assessment of the house where the property rights are exchanged by the demolished person**.

2) Calculation standard of housing demolition and resettlement fee (demolished person or tenant) Housing demolition and resettlement fee = relocation subsidy + temporary resettlement subsidy if no swing house is provided + temporary resettlement subsidy beyond the transition period + compensation for losses caused by the suspension of production and business of non-residential houses Note:

1. If the demolition party provides a swing house and the user of the demolished house lives in it, the subsidy for the second item of the formula is 0;

2. If the demolished house is a residential house, the compensation fee for item 4 of the formula is 0;

3. The person being demolished receives compensation, indicating that the house is for his own use.

3) Compensation standards for rural house demolition.

1) If the land-expropriated village or villager group is revoked, and although the system is not revoked, but does not meet the conditions for relocation, the person being demolished can choose monetary compensation, or can choose to exchange the property right house with the same value as the monetary compensation. Its specific calculation is (demolished + 6 demolished houses, construction and replacement, unit price combined into new + base price of land use right per square meter of construction area of newly built multi-storey commercial housing in the same area + ** subsidy) The floor area of the demolished house;

2) If the system of the village or villager group that has been expropriated is not revoked, and the conditions for building houses in ex-situ are met, the demolished person can apply for new housing on the homestead within the scope of the central village or residential area determined by the overall land use plan of the township (town), and receive the corresponding monetary compensation, which is calculated as the construction area of the demolished house (the unit price of the demolished house is combined with the new ten ** subsidy); The cost of the new homestead used by the person being demolished.

Summary. Dear, Hello, I am glad to answer for you: the ** of one acre of cultivated land depends on the specific geographical location, generally about 1000 yuan.

There is no uniform provision on the compensation standards for rural land expropriated for national construction land in China, which can be formulated by provinces, municipalities and autonomous regions in accordance with the provisions of the Land Management Law and local conditions. According to the provisions of the Land Management Law, there are four compensation fees involved, namely land compensation, resettlement subsidies, compensation for ground attachments and compensation for seedlings. Since the project you are talking about has not yet been carried out, you need to pay attention to a key point in time in the future, that is, when the land acquisition authority will issue a pre-land acquisition announcement.

The pre-land acquisition announcement is an announcement issued by the land acquisition authority to the area that may be expropriated before the official start of land acquisition, announcing that the land will be requisitioned and demolished, and the relevant rights holders involved in the demarcation should maintain the status quo and no new buildings and new crops shall be planted. If it is a crop that is suddenly planted after the announcement of the pre-land acquisition announcement of the land acquisition authority, and the construction is rushed, it will not receive any compensation when the land is requisitioned in the future.

Dear, Hello, I am glad to answer for you: the ** of one acre of cultivated land depends on the specific geographical location, generally about 1000 yuan. There is no uniform provision on the compensation standards for rural land expropriated for national construction land in China, which can be formulated by provinces, municipalities and autonomous regions in accordance with the provisions of the Land Management Law and local conditions.

According to the provisions of the Land Management Law, there are four compensation fees involved, namely land compensation, resettlement subsidies, compensation for ground attachments and compensation for seedlings. Since the project you are talking about has not yet been carried out, you need to pay attention to a key point in time in the future, that is, when the land acquisition authority will issue a pre-land acquisition announcement. The pre-land acquisition announcement is an announcement issued by the land acquisition authority to the area that may be expropriated before the official start of land acquisition, announcing that the land will be requisitioned and demolished, and the relevant rights holders involved in the demarcation should maintain the status quo and no new buildings and new crops shall be planted.

If it is a crop that is suddenly planted after the announcement of the pre-land acquisition announcement of the land acquisition authority, and the construction is rushed, it will not receive any compensation when the land is requisitioned in the future.

Dear, is it currently occupying your arable land and discussing compensation? <>

In 2018, what is the role of rural cultivated land rights confirmation?

The confirmation of land rights to cultivated land in rural areas plays an important role in protecting farmers' land rights and interests. It can effectively prevent illegal land occupation, protect farmers' land ownership, ensure that farmers' land rights and interests are effectively protected, improve farmers' land use efficiency, improve farmers' living standards, promote agricultural development, and promote rural economic and social development. <>

We are Zhangbei County, Zhangjiakou, Hebei Province, land acquisition for railway construction, supporting watering land, how much is land acquisition? There are dry lands.

The cost of land acquisition is based on the actual situation, such as land type, land area, land use rights, etc., so it is impossible to give an exact answer.

Farmers who are occupied by the land can also choose a one-time compensation, and the compensation will be given to the farmers in a lump sum. The Land Management Law stipulates that if the 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.

Article 46 of the Land Management Law, if 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. The owner of the expropriated land, the right to use shall, within the time limit specified in the announcement, hold the land ownership certificate to the local people's ** land administrative departments for land requisition compensation registration.

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.