Legal information

Introduction to the article: Households who have been demolished will save it for later use! In what cases is compensation based on area? When will compensation be paid on a per-capita basis?

Part 1, rural homesteads and collective construction land (excluding care buildings and equipment buildings on farmland)

According to the "Beijing Municipal Collective Land House Demolition Management Measures", rural collective economic organizations or village committees carry out demolition as the demolishers, and resettle the demolished people in houses within the scope of the collective construction land. After discussion and approval by the villagers' meeting or village representative meeting and approval by the township or town people's government, the resettlement can be based on the building area of the demolished houses, or based on the family population of the demolished people. The Yingting Demolition Group learned that if other demolishers entrust rural collective economic organizations or village committees to resettle the demolished people, they can refer to the provisions of paragraph 2 of Article 15.

1. The demolished persons must be resettled in houses within the scope of the collective construction land.

2. The family size of the demolished persons should be comprehensively considered on the basis of the house area.

3. Ensure that the original living standards of farmers affected by land acquisition and demolition are not reduced and that their long-term livelihoods are guaranteed.

4. If it has been included in the urban planning area, it can be compensated according to the compensation standard for houses on state-owned land and based on the area.

5. For demolished households with a small family size and relatively large land and housing area, they can submit opinions, submit a hearing, and apply for administrative reconsideration or administrative litigation.

Part 2, land compensation and resettlement subsidies

1. The "Land Management Law" stipulates that land acquisition compensation includes land compensation fees, resettlement subsidies and compensation fees for ground attachments and young crops. Only land compensation and resettlement subsidies are related to "capita distribution". Compensation fees for ground attachments and young crops have nothing to do with "head allocation" and "household registration". The relevant compensation should begiveThe owner of the attachments and the person who actually invested in the green crops.

2. After the rural collective land is expropriated, if the rural collective economic organization fails to adjust the land of equivalent quantity and quality to be contracted to the land-expropriated farmers or the expropriated land belongs to farmers' private land, no less than 70% of the land compensation fee shall be paid to the land-expropriated farmers.

3. Ying Ting believes that rural collective economic organizations or villagers committees or villager groups can decide to allocate the land compensation fees received within the collective economic organization in accordance with the democratic negotiation procedures stipulated by law. If a person who is a member of this collective economic organization when the land acquisition compensation and resettlement plan is determined requests to pay the corresponding share, it should be supported.

4. Land-expropriated farmers shall be selected from members of rural collective economic organizations who have the right to contract the expropriated land according to law at the time of land expropriation or who have local household registration. Generally speaking, only those with household registration can receive compensation, except for those who go out to study or join the army.

Yingting reminds you:

Land acquisition and demolition policies and resettlement compensation standards are different in various places, and land acquisition projects are different, so they cannot be generalized. If you have not negotiated compensation terms with the government, you can consult a lawyer specializing in land acquisition and demolition, or ask a lawyer to intervene and negotiate with the government using professional legal knowledge to strive for fair and satisfactory compensation.