administrative agreement

The construction of high-speed rail has driven economic development. With the comprehensive construction of a moderately prosperous society, more and more convenient travel methods have become the goal pursued by people. The country has tightened its planning for high-speed rail. Therefore, the construction of high-speed rail will definitely occupy land. How to compensate for land acquisition?
When land is acquired for high-speed railway construction and rural houses are demolished, the compensation law is the Land Management Law, and the compensation standards are stipulated by the provinces, autonomous regions, and municipalities directly under the Central Government.

It can be seen that the demolition compensation involved in high-speed rail construction varies in different regions, but according to the "Land Management Law of the People's Republic of China", there are certain standards to regulate it.
Article 47 Where land is expropriated, compensation shall be provided according to the original purpose of the expropriated land.
Compensation fees for cultivated land acquisition include land compensation fees, resettlement subsidies and compensation fees for ground attachments and young crops.

The land compensation fee for the expropriation of cultivated land shall be six to ten times the average annual output value of the cultivated land in the three years before the expropriation. The resettlement subsidy fee for cultivated land shall be calculated based on the number of agricultural population to be resettled. The resettlement subsidy standard for each agricultural population to be resettled shall be calculated based on the amount of cultivated land to be expropriated divided by the average amount of cultivated land occupied by the expropriated unit before land acquisition. The resettlement subsidy standard for each agricultural population to be resettled shall be four to six times the average annual output value of the cultivated land in the three years before the expropriation.

However, the resettlement subsidy for each hectare of expropriated cultivated land shall not exceed 15 times the average annual output value of the three years before expropriation.
The standards for land compensation and resettlement subsidies for the acquisition of other land shall be stipulated by the provinces, autonomous regions and municipalities directly under the Central Government with reference to the standards for land compensation and resettlement subsidies for the expropriation of cultivated land. The standards for compensation for attachments and young crops on the expropriated land shall be stipulated by the provinces, autonomous regions and municipalities directly under the Central Government.

When expropriating vegetable land in urban suburbs, the land-using unit shall pay a new vegetable land development and construction fund in accordance with relevant national regulations.
If land compensation and resettlement subsidies are paid in accordance with the provisions of paragraph 2 of this article, and the original living standards of the resettled farmers are still unable to be maintained, the resettlement subsidy may be increased with the approval of the people's government of the province, autonomous region, or municipality directly under the Central Government.

Beijing land expropriation lawyers specialize in: rights protection of various types of houses and breeding farms and other building structures that are deemed to be illegal construction (illegal construction), expropriation and demolition of companies, enterprises, factories, and breeding farms, expropriation and compensation of houses on state-owned land, rural land expropriation and housing resettlement compensation, administrative agreements, etc. The scope of agency covers Beijing, Shanghai, Tianjin, Yunnan, Guizhou, Sichuan, Chongqing, Xinjiang, Qinghai, Gansu, Jilin, Liaoning, Shandong, Hebei, Henan, Hubei, Hunan, Shaanxi, Anhui, Jiangsu, Zhejiang, Jiangxi, Guangdong, Fujian, Hainan and other regions.

However, the total of land compensation and resettlement subsidies shall not exceed thirty times the average annual output value of the three years before the land is expropriated.
Based on the level of social and economic development, the State Council may increase the standards of farmland compensation fees and resettlement subsidies under special circumstances. What are the basic procedures for land expropriation?
1. Pre-select agricultural land that conforms to the plan.

The acquisition of rural land must comply with the overall land use plan, the overall urban construction plan and the annual land use plan;
Otherwise, the land shall not be used. After initially selecting agricultural land as construction land, the opinions of the land and resources, construction, planning and other departments should be first sought to see whether it complies with various plans for agricultural land.
2. Prepare feasibility report of construction project.

After confirming that agricultural land can be used for construction, a construction project feasibility report must be prepared in accordance with the requirements of the construction department, and a land use application must be submitted to the construction department. If it meets the requirements, the land user shall pay the site selection fee in accordance with regulations, and the construction department will issue a "Site Selection Opinion" for the construction project.
3. Submit an application for land use pre-examination.

After the conversion of agricultural land or land expropriation is approved in accordance with the law, the land-using unit shall submit a pre-examination application for land use to the land and resources bureau at the same level within two years of the "Site Selection Opinion", and the land and resources bureau shall
4. The Land Acquisition Bureau is specifically responsible for expropriating agricultural land owners and users, signing compensation and resettlement agreements, and handling land acquisition procedures.

Compensation for land acquisition includes land compensation, resettlement subsidies, compensation for young crops and compensation for ground attachments. The above compensation shall be paid in full by the land-using unit within 3 months from the date of approval of the land acquisition compensation and resettlement plan. If the unit fails to pay the land payment in full and on time, the government shall refuse to issue a construction land approval letter, and rural collective economic organizations and farmers have the right to refuse the construction unit to start construction.

5. Obtain the land use approval document. According to the approved land supply plan, the Bureau of Land and Resources will issue the land use approval document and the "Construction Project Land Preliminary Review Report" to the land user after completing the land acquisition compensation and resettlement subsidies.
6. Pay the transfer fee and obtain the land use rights. After the land is requisitioned, the land will become state-owned land. The Land Bureau and the land user will sign a "Construction Project Land Preliminary Review Report" in accordance with relevant regulations to provide land.

The unit shall pay the transfer fee according to the agreement
7. Complete the construction project approval procedures and start construction on suitable land. After signing the contract and paying the fees as stipulated in the contract, the land user can truly obtain the land use rights, and then the land user can go through the relevant approval procedures for the construction project and start construction.

The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail. If you want to know more about this, you can consult our Beijing land expropriation lawyer for one-on-one online consultation.