Legal information

Article introduction: Including land compensation, resettlement subsidies, compensation for ground attachments, and compensation for young crops. Have you received these four most important types of expropriation and resettlement compensation?

1. Land compensation fees for land acquisition.

The land compensation fee for land expropriation shall be six to ten times the average annual output value of the three years before the farmland was expropriated.

2. Resettlement subsidies for land acquisition.

The resettlement subsidy for land acquisition shall be calculated based on the number of agricultural population to be resettled. The Yingting demolition team learned that the number of agricultural people who need to be resettled is calculated based on the amount of expropriated cultivated land divided by the average amount of cultivated land per person in the expropriated unit before land acquisition. The resettlement subsidy standard for each agricultural population that needs to be resettled is four to six times the average annual output value of the three years before the farmland is expropriated. However, the resettlement subsidy for each hectare of expropriated cultivated land shall not exceed fifteen times the average annual output value of the three years preceding the expropriation.

3. Young crop compensation fee

Compensation standard for young crops: For crops that have just been sown, the cost of production will be compensated at one-third of the quarterly output value. For crops in the growing period, the maximum compensation is based on the output value of the first quarter. No compensation will be given for grain, oil crops and young vegetables that can be harvested. For perennial economic trees, try to transplant them as much as possible, and the land-using unit will pay the transplant fee; if they cannot be transplanted and must be cut down, the land-using unit will compensate them according to the actual value. For mature trees, the tree owners must cut them down without compensation.

4. Compensation fees for ground attachments

Land acquisition requires the relocation of railways, highways, high-voltage wires, communication lines, broadcasting lines, etc. The Yingting demolition team learned that they must negotiate with relevant departments based on specific circumstances, prepare an investment budget, and include it in the preliminary design budget for approval. Compensation for the demolition of farmland water conservancy facilities and other supporting buildings, water wells, artificial fish ponds, breeding farms, graves, toilets, pig pens, etc. shall be based on relevant standards and payment of relocation fees or compensation fees. When a land user occupies cultivated land to build houses or engage in other non-agricultural construction, it shall pay cultivated land occupation tax in accordance with the provisions of the "Interim Regulations of the People's Republic of China on Cultivated Land Occupation Tax".

Yingting reminds you:

When you sign the agreement, the amount of compensation you write is the amount you get in the end. When facing demolition, you must stay clear-headed and follow the content of the agreement. If you make a verbal commitment, it must be written in the demolition compensation agreement, otherwise you will definitely not sign it. Because verbal promises have no legal effect. If you have objections to resettlement compensation, file an administrative review within 60 days of receiving the expropriation decision, expropriation compensation decision and other specific administrative actions, and file an administrative lawsuit within 6 months. File a lawsuit to defend your rights within 6 months from the date the house was demolished. You can consult a land acquisition and demolition lawyer for solutions and strive for satisfactory compensation.