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After the household contract is expropriated, can I ask for land compensation if the standard is too low?
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Article author：Yingting Lawyers Group | Update time：2019-04-26 | Reading times：339
land contractDuring this period, household contracted land was expropriated and acquiredcompensation, whether farmers can use their time tocompensationAre you asking for land replenishment on the grounds that the standards are too low? The state expropriates collective land and givescompensationNorms are also common rules. Farmers cannot use their timecompensationOn the grounds that it is too low, ask for land ascompensation. The editor of Express will introduce them to you one by one.
Second roundland contractDuring this period, the land contracted by rural households was expropriated and obtainedcompensation, now at that timecompensationHow to deal with requests for land replenishment on the grounds that the standards are too low?
Basis for handling such issues:
1. "Villageland contractArticle 16 of the Law: “If the contracted land of the contractor is expropriated or occupied in accordance with the law, he shall be entitled to obtain corresponding compensation in accordance with the law.compensation. "
2. Article 47 of the Land Management Law: “Where land is expropriated, compensation shall be paid according to the original purpose of the expropriated land.compensation. levy for plowingcompensationFee includes landcompensationfees, organization subsidy fees and ground attachments and young cropscompensationfee.
expropriation of plowed landcompensationThe fee shall be six to ten times the average annual output value of the three years before the plowing is levied. The organizational subsidy fee for plowing is calculated based on the number of agricultural population required to organize.
The agricultural population that needs to be organized is calculated by dividing the amount of plowed land expropriated by the average number of plowed land per person in the expropriated unit before land acquisition. The organization subsidy standard for each agricultural population that needs organization is four to six times the average annual output value of the three years before the plowing was expropriated. However, the organizational subsidy for each hectare of expropriated plowed land shall not exceed fifteen times the average annual output value of the three years before expropriation.
expropriation of land from other landscompensationThe provinces, autonomous regions, and municipalities directly under the Central Government shall expropriate plowed land according to the regulations on fees and organization subsidies.compensationStandard rules for fees and organizational subsidies. Attachments and young crops on the expropriated landcompensationStandards are regulated by provinces, autonomous regions and municipalities directly under the Central Government.
When expropriating vegetable plots on the outskirts of a city, the land user shall pay a fund for the development and creation of new vegetable plots in accordance with relevant national regulations. Payment of land in accordance with the rules of paragraph 2 of this articlecompensationIf the fees and organization subsidies cannot enable farmers who need organizations to maintain their original living standards, the organization subsidies may be increased with the approval of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government. However, landcompensationThe total of fees and organizational subsidies shall not exceed thirty times the average annual output value of the three years before the land is expropriated.
The State Council may, under special circumstances, proceed with the expropriation of plowed land based on the level of social and economic development.compensationFees and organizational subsidy fees. "
Criteria that should be grasped when dealing with such issues: 1. The expropriation of collective land is a state act, and the collective land and land-expropriated farmers’compensationNorms are governed by laws. The state can progressively expropriate plowed land based on the level of social and economic development in different periods.compensationFees and organizational subsidy fees. 2. Obtained in accordance with the regulatory policies at the timecompensationFarmers, after the state implements regulations, should not repeatcompensation, farmers cannot use the timecompensationTo obtain land from collective economic organizations on the grounds that it is too lowcompensation. If farmers really have difficulty living after their contracted land is expropriated, they can be properly solved by being included in the social security system.
Second roundland contractDuring this period, the land contracted by rural households was expropriated and obtainedcompensation, now at that timecompensationHow to deal with requests for land replenishment on the grounds that the standards are too low?
Basis for handling such issues:
1. "Villageland contractArticle 16 of the Law: “If the contracted land of the contractor is expropriated or occupied in accordance with the law, he shall be entitled to obtain corresponding compensation in accordance with the law.compensation. "
2. Article 47 of the Land Management Law: “Where land is expropriated, compensation shall be paid according to the original purpose of the expropriated land.compensation. levy for plowingcompensationFee includes landcompensationfees, organization subsidy fees and ground attachments and young cropscompensationfee.
expropriation of plowed landcompensationThe fee shall be six to ten times the average annual output value of the three years before the plowing is levied. The organizational subsidy fee for plowing is calculated based on the number of agricultural population required to organize.
The agricultural population that needs to be organized is calculated by dividing the amount of plowed land expropriated by the average number of plowed land per person in the expropriated unit before land acquisition. The organization subsidy standard for each agricultural population that needs organization is four to six times the average annual output value of the three years before the plowing was expropriated. However, the organizational subsidy for each hectare of expropriated plowed land shall not exceed fifteen times the average annual output value of the three years before expropriation.
expropriation of land from other landscompensationThe provinces, autonomous regions, and municipalities directly under the Central Government shall expropriate plowed land according to the regulations on fees and organization subsidies.compensationStandard rules for fees and organizational subsidies. Attachments and young crops on the expropriated landcompensationStandards are regulated by provinces, autonomous regions and municipalities directly under the Central Government.
When expropriating vegetable plots on the outskirts of a city, the land user shall pay a fund for the development and creation of new vegetable plots in accordance with relevant national regulations. Payment of land in accordance with the rules of paragraph 2 of this articlecompensationIf the fees and organization subsidies cannot enable farmers who need organizations to maintain their original living standards, the organization subsidies may be increased with the approval of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government. However, landcompensationThe total of fees and organizational subsidies shall not exceed thirty times the average annual output value of the three years before the land is expropriated.
The State Council may, under special circumstances, proceed with the expropriation of plowed land based on the level of social and economic development.compensationFees and organizational subsidy fees. "
Criteria that should be grasped when dealing with such issues: 1. The expropriation of collective land is a state act, and the collective land and land-expropriated farmers’compensationNorms are governed by laws. The state can progressively expropriate plowed land based on the level of social and economic development in different periods.compensationFees and organizational subsidy fees. 2. Obtained in accordance with the regulatory policies at the timecompensationFarmers, after the state implements regulations, should not repeatcompensation, farmers cannot use the timecompensationTo obtain land from collective economic organizations on the grounds that it is too lowcompensation. If farmers really have difficulty living after their contracted land is expropriated, they can be properly solved by being included in the social security system.
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