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If it is a rural road, although most of them are built with money from the state, the road rights are collectively owned and not expropriated. It can only be argued that the collective should pay compensation for the loss. The amount of compensation depends on the value of the fruit tree, plus a year's available income.
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Compensate you for the land and the citrus trees.
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Land compensation fees, resettlement fees, and seedling fees shall be compensated in accordance with the provisions of the Land Law.
Article 47 of the Land Management Law of the People's Republic of China stipulates that where 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 resettlement subsidy for 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 in need of resettlement shall be four to six times the average annual output value of the cultivated land in the three years prior to the expropriation. However, the resettlement subsidy for each 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.
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Laws and policies: Article 7 Forest land compensation standards:
1) 6-8 times of the annual output value of cultivated land (dry land) for the expropriation and occupation of nursery land, orchards and other economic forest land;
2) The expropriation and occupation of arbor forest land, bamboo forest land, sparse forest land, shrub land, logging land, and burned land shall be 2-5 times the annual output value of cultivated land (dry land);
3) The expropriation and occupation of suitable forest land shall be 1 time of the annual output value of cultivated land (dry land).
The annual output value of land shall be carried out by the people at the county level.
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1) 6-8 times of the annual output value of cultivated land (dry land) for the expropriation and occupation of nursery land, orchards and other economic forest land;
2) The expropriation and occupation of arbor forest land, bamboo forest land, sparse forest land, shrub land, logging land, and burned land shall be 2-5 times the annual output value of cultivated land (dry land);
3) The expropriation and occupation of suitable forest land shall be 1 time of the annual output value of cultivated land (dry land).
The annual output value of land shall be comprehensively formulated by the people's land administrative departments at the county level according to the average annual output value of the first three years of cultivated land and its categories, the main and by-products of various crops, with reference to the national purchase price and the market, and submitted to the people at the same level for approval. Do you have a bottom?
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There are several types of compensation for road construction and tree destruction in rural areas:
1. Land compensation fee. The land compensation fee is generally 6 to 10 times the average annual output value of the cultivated land in the three years preceding the expropriation;
2. Resettlement subsidy for land acquisition. The resettlement subsidy per person is four to six times the average annual output value of the cultivated land in the three years preceding the expropriation of the cultivated land, calculated according to the number of agricultural population to be resettled. However, the resettlement subsidy for each hectare of expropriated cultivated land shall not exceed 15 times the average annual output value of the three years preceding the expropriation;
3. Compensation standard for green seedlings. For crops that have just been sown, one-third of the quarterly output value will be compensated for the cost of work. For crops in the growth period, the maximum compensation is based on the output value of the first quarter.
No compensation will be given to grain, oilseeds and vegetable seedlings that can be harvested. For perennial economic forests, it is necessary to transplant as much as possible, and the land-using unit shall pay the transplantation fee, and if it cannot be transplanted and must be cut down, the land-using unit shall compensate according to the actual value. For mature trees, they are cut down by the tree owner and no compensation is given.
Land Management Law of the People's Republic of China
Article 48.
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.
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.
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How to compensate for the destruction of trees by building roads in rural areas depends on the specific situation. Where land is expropriated, compensation shall be given in accordance with the original use of the expropriated land. The compensation cost base for cultivated land includes land compensation fees, resettlement subsidies, and compensation fees for ground attachments and seedlings.
The land compensation fee for the expropriation of cultivated land shall be 6 to 10 times the average annual output value of the cultivated land in the three years prior to the expropriation of the cultivated land.
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