Although the government's land acquisition and the developer's land acquisition are land acquisitions, there are still some differences in substance. So what's the difference between the two? Which party will pay higher compensation for land acquisition?

1. The subjects of collection are different

The subject of expropriation must be the government, and it must be the people's government at the city or county level. Township and town governments are not qualified to issue expropriation decisions. The subjects of demolition implementation are usually non-governmental organizations, such as developers, land reserve centers, etc.

2. The purpose of demolition is different

Most of the purposes of demolition are dangerous renovation projects, urban infrastructure construction, development and expansion projects of private enterprises, etc. However, expropriation has relevant regulations and must be for public interests, such as road maintenance, subway repair, high-speed railway construction, etc.

Government land acquisition is generally carried out in accordance with the Implementation Regulations of the Land Management Law. After the land acquisition plan is approved in accordance with the law, the people's government of the city or county in the area where the land is acquired will organize its implementation, and an announcement of relevant information will be issued in the township (town) village where the land is acquired. This includes information such as the approval number, the approved land acquisition authority, the access route for land acquisition, the scope and area of ​​land acquisition, as well as the compensation standard and time limit for land acquisition compensation.

The owners and use rights holders of the expropriated land shall, within the time limit specified in the announcement, take the land ownership certificate to the land administration department designated in the announcement to register for land expropriation compensation. The land administration departments of the municipal and county people's governments shall, in accordance with the approved land acquisition plan, work with relevant departments to formulate land acquisition compensation and resettlement plans, and issue an announcement in the township (town) where the land is located. Listen to the opinions of rural collective economic organizations and farmers whose land has been expropriated. After the land acquisition compensation fee and resettlement plan is submitted to the municipal and county people's governments for approval, the land administration department will begin organizing and implementing it.

What is the procedure for land acquisition by developers?

Before land acquisition, the developer must apply for construction land to the land management department of the local people's government at or above the county level where the land is located with the approved design task or preliminary design, annual capital construction plan, and the corresponding materials, certificates or pictures required by the local government. At the same time, the developer must fill out the "Construction Land Application Form" and attach the following materials:

1. Relevant certificates for the establishment of the construction unit in accordance with the law

2. Approval of project feasibility study report or other relevant approval documents

3. Construction project land pre-examination report issued by the land management department

4. Preliminary design or other related materials

5. Overall layout of the construction project

6. If you occupy cultivated land, file a case to supplement the cultivated land.

7. If the construction project is located in a geological disaster area, a geological disaster risk assessment report should be provided

8. Provide land price evaluation report

Are developer land acquisition compensation the same as government land acquisition compensation?

Generally speaking, developers cannot expropriate land. Only the government can expropriate land, and government land expropriation and demolition are carried out by the government's first-level development units. The cost of land acquisition and demolition is easily recognized by the Audit Bureau during the audit. The government's land acquisition and demolition are in line with national policies and are legal.

However, developers may offer higher compensation in comparison. However, no matter who is the subject of land expropriation, procedures should be formulated in strict accordance with relevant national regulations and reasonable compensation should be provided.

The specific compensation standards mainly refer to Article 47 of the Land Management Law: Where land is expropriated, compensation shall be provided according to the original use of the expropriated land. Compensation fees for farmland acquisition include land compensation fees, resettlement subsidies and compensation fees for ground attachments and young crops. The resettlement subsidy for cultivated land acquisition shall be calculated based on the number of agricultural population to be resettled. The number of agricultural population that needs to be resettled shall be divided by the amount of cultivated land acquired by the amount of cultivated land per capita of the expropriated unit before land acquisition. The resettlement subsidy standard for each agricultural population to be resettled is four to six times the average annual output value of the three years before the farmland is acquired.

At the same time, according to relevant regulations, whoever expropriates land must protect the rights and interests of the expropriated people and shall not be lower than the previous quality of life of the expropriated people.