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Specifically, the expropriation of peasant collective land outside urban planning areas should first enable the land-expropriated peasants to have the necessary cultivated land to continue to engage in agricultural production through the use of rural collective mobile land, contracted land voluntarily returned by contracted farmers, contracted land transfer, and land development and consolidation of newly added cultivated land. In urban planning areas, local people** should ,.. farmers who have lost land due to land acquisitionIV. Allocation of Compensation Fees for Land Expropriation and Handling of Disputes over the Inheritance of Land Contracting and Management Rights Article 22: Where the contracted land is expropriated in accordance with law, and the contracting party requests the contract-issuing party to pay compensation fees for the above-ground attachments and seedlings it has received, it shall be supported.
Where the contracting party has transferred the land contracting and management rights to a third party by means of subcontracting, leasing, etc., the compensation fee for BIBS shall be the actual input, unless otherwise agreed by the parties. Article 2 The term "land requisition compensation and basic livelihood security for land-expropriated farmers" in these measures refers to the state after the expropriation of collectively owned land by farmers, compensation to land-expropriated farmers and rural collective economic organizations in accordance with law, and the establishment of a basic livelihood security system for land-expropriated farmers to ensure the basic livelihood of land-expropriated farmers. Third within the administrative area of the province of land requisition compensation shall apply to these measures
This is different in every place, and now Wuhan has issued a new policy, and the livelihood security fund for land-expropriated farmers will be issued at a standard of not less than 800 yuan per person per year. Per capita contracted land "mu, annual per capita net income of households" The average level of the city in the previous year, women over 55 years old, men over 60 years old land-expropriated farmers; Inclusion"Urban village"The scope of comprehensive transformation and inclusion in the basic pension insurance for employees of agricultural reclamation enterprises.
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According to the relevant provisions of the Land Management Law, the compensation costs for land acquisition include: land compensation costs, resettlement subsidy costs, and compensation costs for seedlings and above-ground attachments. After the promulgation of the Decision on Deepening Reform and Strict Land Management (Guo Fa [2004] No. 28), the social security funds of land-expropriated farmers were also included in the compensation for land acquisition.
From the above-mentioned laws and regulations, it can be known that the land compensation fee is collectively owned, but the "Decision on Deepening Reform and Strict Land Management" stipulates that under the premise of not changing ownership, the people of all provinces, autonomous regions and municipalities directly under the Central Government are required to formulate the distribution method of land compensation within the rural collective economic organization in accordance with the principle that the land compensation fee is mainly used for land-expropriated farmers. At present, Gansu Province, Shanxi Province and other provinces have implemented this policy; The resettlement subsidy belongs to the resettled persons, and can be directly issued to the resettled persons of the land-expropriated households if they do not need to be resettled; The compensation fee for seedlings and above-ground attachments belongs to the owner of the property.
Social security funds also belong to the resettled. To sum up, if your paddy field is expropriated, you can enjoy the resettlement subsidy, the compensation fee for seedlings and above-ground attachments, the social security fund and the land compensation fee allocated to you under the land acquisition compensation project. Hebei Jigang Law Firm, Expropriation and Demolition Department, Fu Dongliang, 0311-85339069
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Determined according to the nature of the compensation. Usually, the compensation for seedlings and resettlement is paid to the individual, and the compensation for land is owned by the collective.
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Qinqin answered: The compensation is the contractor's income. Legal basis:
According to Article 19 of the Land Management Law of the People's Republic of China, when land is expropriated, compensation shall be paid to the expropriated person, and the compensation shall be paid by the expropriated person, and the compensation shall be paid to the expropriated person, and the expropriated person is the contractor, so the compensation is the contractor's income. Relevant information: For those who have no land for the first time, Article 25 of the Land Management Law of the People's Republic of China stipulates that after the land is expropriated, the farmers who originally had no land should participate in the distribution of compensation for land expropriation according to the collective unified distribution or other means.
As a result, landless peasants can also receive a distribution from the compensation money.
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According to Article 39 of the Land Management Law of the People's Republic of China, the expropriated land compensation belongs to the collective unified distribution, not the contractor's personal income. According to Article 20 of the Land Management Law of the People's Republic of China, the rights and interests of land contractors should be protected by the collective, and landless farmers should also be compensated to make up for their losses. Legal Analysis:
Article 39 of the Land Management Law of the People's Republic of China stipulates that the compensation for expropriated land shall be distributed by the collective and shall not be the personal income of the contractor. Article 20 of the Land Management Law of the People's Republic of China stipulates that the rights and interests of land contractors shall be protected by the collective, and landless farmers shall also be compensated to make up for their losses. Related Extensions Addendum:
According to the Land Management Law of the People's Republic of China, the distribution of compensation for land expropriation shall be determined on the basis of the actual losses of the contractor of the land, and shall not deviate due to the difference of the contractor. In addition, the distribution of land compensation should also take into account the actual income of farmers, as well as the subsidy policy for farmers.
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After the land contracted by rural villagers is expropriated by the state, the land compensation fee belongs to the rural collective economic organization; The compensation fee for the above-ground attachments and seedlings belongs to the owner of the above-ground attachments and seedlings (the contracted villagers) of Lafeng. Article 26 of the Regulations for the Implementation of the Land Management Law of the People's Republic of China provides that land compensation fees shall be owned by 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 the expropriation of land must be earmarked for specific purposes and must not be diverted for other purposes.
If the Lunfeng personnel 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. The people of cities, counties and townships (towns) shall strengthen supervision over the use of resettlement subsidies.
Paragraphs 1 and 2 of Article 46 of the Land Management Law shall expropriate the following land, which shall be approved by ***: (1) Permanent basic farmland; (2) Cultivated land other than permanent basic farmland exceeds 35 hectares; (3) Other land bases exceeding 70 hectares. The expropriation of land other than those provided for in the preceding paragraph shall be approved by the people of provinces, autonomous regions and municipalities directly under the Central Government.
Article 47, Paragraph 1 of the Land Management Law, where the state expropriates land, after approval in accordance with legal procedures, the local people at or above the county level shall make a public announcement and organize the implementation.
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. >>>More
If it is village collective land, unless it is wasteland, it is difficult for outsiders to contract, if it is state-owned land, then go to the local township ** to apply. Where a contract is contracted by a unit or individual other than the collective economic organization, the contracting party's credit standing and business capacity shall be reviewed before signing the contract.
Some farmers will contract land in rural areas to plant fruit trees, thinking that there will be a way out. Although the initial investment is relatively large, when the fruit is listed, everyone will also get a great benefit, and now most people prefer to eat fruit. You can also sell your fruit all over the country so that you can get more money. >>>More
It is related to the type of land, and the cultivated land is 34 yuan square meters (according to one acre of land = 660 square meters = 22,500 yuan). >>>More
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. >>>More