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Article author:Yingting Lawyers Group | Update time:2023-06-19 | Reading times:342
Because of public interests, the state needs to expropriate people's houses and land and provide corresponding compensation to the parties. As we all know, the compensation standards for land acquisition and demolition are not fixed, and there is no unified calculation standard because there are many factors that need to be considered.
Today we will learn how to compensate for road construction and demolition?
The land acquisition compensation standard consists of land compensation fee, resettlement subsidy fee, ground attachment compensation fee and young crop compensation fee.
According to Article 47 of the Land Management Law, houses with homestead sites on collective land are expropriated and demolished:
When expropriating homestead land, refer to the land compensation and resettlement subsidy standards for farmland expropriation in provinces, autonomous regions, and municipalities directly under the Central Government. The attachments on the expropriated land are also stipulated by the province, autonomous region, and municipality directly under the Central Government. In other words, the specific compensation standards for homestead land expropriation still need to be divided by region with reference to local legislation.
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The local government will announce the compensation standards. In principle, compensation will be carried out in accordance with the announced standards. There is no national unified standard for demolition compensation and resettlement. There is a basic principle, which is to ensure that residents' lives will be smooth.
Land acquisition compensation costs
1. Land compensation fee is the economic compensation given by the land-using unit to the rural collective economic organizations whose land has been expropriated according to law for the economic losses caused by land expropriation.
2. Compensation fee for young crops: When the young crops on the requisitioned land are damaged due to land acquisition, the land-using unit pays compensation fees to the units and individuals who planted the young crops.
3. Compensation fee for attachments. Compensation fee paid by the land user to the houses and other attachments on the expropriated land due to damage to the acquired land.
4. Resettlement subsidies.
Compensation fees paid by the land-using unit for the surplus labor force caused by land acquisition by the land-expropriated unit. Regarding compensation, the state has corresponding policies and regulations. Compensation is inconsistent in different regions. Each region also has policy standards stipulating compensation. Therefore, parties do not need to worry about compensation. If they encounter unreasonable compensation, they must learn to use legal weapons to protect their legitimate rights and interests.
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The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail.
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