Legal information

Introduction to the article: Some people consulted Yingting and said that places such as Liuzhou in Guangxi and Yichun in Jiangxi are about to build and relocate reservoirs, and the compensation provided is too small, not even enough to resettle houses. The land is gone, how will we survive in the future? What kind of resettlement compensation is provided by the law to the immigrants?

Part One: Original text of the law

Article 51 of the "Land Management Law of the People's Republic of China" stipulates that the compensation standards and resettlement methods for land requisitioned for the construction of large and medium-sized water conservancy and hydropower projects shall be separately stipulated by the State Council.

Part 2: Interpretation of legal provisions

1. The compensation standards and resettlement methods for land acquisition and resettlement for large and medium-sized water conservancy and hydropower projects are separately stipulated by the State Council. This is because land acquisition and resettlement for large and medium-sized water conservancy and hydropower projects have some special characteristics compared with other construction projects.

1. The scope of land acquisition for the construction of large and medium-sized water conservancy and hydropower projects is large. Generally, thousands or tens of thousands of acres of cultivated land are occupied. Some hydropower projects flood hundreds of thousands of acres, which is rare for other projects.

2. Land acquisition is relatively concentrated, unlike railways and highways, which involve many towns and villages. Therefore, the population that needs to be relocated is also relatively concentrated, generally numbering several thousand to tens of thousands, or even hundreds of thousands.

3. The location of the reservoir area is relatively remote, and there are no conditions for resettling the population through agricultural transfer and labor recruitment. Comprehensive agricultural development, the development of agriculture, forestry, animal husbandry, sideline production, fishery, or the establishment of township and village enterprises can only be used to resettle the immigrants.

4. The economic and natural conditions in the reservoir area are poor, and people's living standards are low. If resettlement is not done well, it will bring long-term difficulties to farmers' lives.

5. There is insufficient investment in water conservancy and hydropower projects, and low standards can only be adopted for resettlement. Support and subsidies will be provided when the hydropower and water conservancy projects are completed and achieve benefits.

2. The main measures taken by the state to compensate for land acquisition and resettlement of large and medium-sized water conservancy and hydropower projects.

1. The local government shall organize, formulate and implement the resettlement plan. According to the needs of the work, some local governments have also established special water conservancy and hydropower resettlement agencies to be responsible for the resettlement work of water conservancy and hydropower projects.

2. Adopt developmental resettlement, a combination of on-site resettlement and out-migration, mainly through the development of wasteland, tidal flats and land adjustment to solve the living and production problems of the immigrants.

3. Adopt a combination of early compensation and later support. Ying Ting believes that according to regulations, the land acquisition compensation standards for large and medium-sized water conservancy and hydropower projects are relatively low. However, after the water conservancy and hydropower projects achieve benefits, part of the proceeds will be used to establish a reservoir area development fund to support the production and life of the land-expropriated immigrants. At the same time, local governments have also adopted many preferential policies for land acquisition and resettlement, such as tax exemptions and various subsidies.

3. According to the provisions of the original "Land Management Law", the State Council promulgated the "Regulations on Land Acquisition Compensation and Resettlement for the Construction of Large and Medium-sized Water Conservancy and Hydropower Projects" on January 25, 1991, which made special provisions on land acquisition compensation and resettlement for the construction of large and medium-sized water conservancy and hydropower projects. Ying Ting learned that according to the principles stipulated in the new law, the State Council will revise the original regulations. The main purpose is to make corresponding adjustments to the compensation standards determined by the regulations based on the redetermined land acquisition compensation standards in the new law.

Yingting reminds you:

1. It can be seen from everyone’s feedback that many immigrants who are about to relocate are worried that the compensation is too low and cannot guarantee a normal life in the future. However, my country has a basic policy on compensation for land acquisition and demolition, which means that the original living standards cannot be reduced due to land acquisition and demolition. Regarding this situation, our country's law provides this.

(1) Governments at or above the county level must take practical measures to prevent the living standards of land-expropriated farmers from being reduced due to land acquisition. Ensure full and timely payment of land compensation fees, resettlement subsidies, and compensation fees for ground attachments and young crops in accordance with the law.

(2) If the land compensation fees and resettlement subsidies paid in accordance with the current legal provisions are still unable to maintain the original living standards of the land-expropriated farmers and are insufficient to cover the social security expenses of landless farmers due to land acquisition, the people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government shall approve an increase in resettlement subsidies.

(3) If the total of land compensation and resettlement subsidies reaches the legal upper limit and is not enough to maintain the original living standards of the land-expropriated farmers, the local people's government can subsidize it with income from the paid use of state-owned land. The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government must formulate and publish unified annual output value standards or comprehensive land prices for land acquisition in cities and counties. Land acquisition compensation must be the same price for the same land. National key construction projects must include the full amount of land acquisition costs in their budget estimates.

2. According to the relevant laws and regulations of our country, the expropriated and demolished persons can 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. If your house is forcibly demolished, you must file a lawsuit to defend your rights within 6 months of knowing the date of demolition. Therefore, if you are not satisfied with the resettlement compensation conditions, you should actively negotiate with the expropriating party. If you delay, you will only miss the statute of limitations. If you cannot reach an agreement with the expropriation and demolition party, please contact a professional expropriation and demolition lawyer as soon as possible to find a solution.