Enterprise demolition

When an enterprise expropriates farmers' land due to expansion or other reasons, it will inevitably involve the issue of compensation for the land expropriated. As for the compensation standard, although our country does not have a specific standard for this, it has made corresponding provisions in the Land Management Law. So what is the compensation standard for enterprise land expropriation?

1. What is the compensation standard for enterprise land acquisition?

Adjustments to the demolition compensation standards shall be announced by the municipal and county people’s governments. Our country's laws stipulate that local governments should adjust the land acquisition compensation standards every 2 to 3 years based on the level of economic development, local per capita income growth, etc., and gradually increase the level of land acquisition compensation. Provinces whose currently implemented land acquisition compensation standards have exceeded the prescribed number of years will not pass the land use review if they fail to adjust them in time. Various specific price compensation standards are set by district and county price bureaus based on local economic levels and per capita income levels.

1. The specific standards and amounts of various land acquisition compensation fees shall be stipulated in the land acquisition compensation and resettlement plan approved by the municipal and county governments in accordance with the law.

2. Determination of the average annual output value of the three years before the land is expropriated (compensation standards for land compensation fees and resettlement subsidies): based on the annual statistical report of the most basic unit approved by the local statistics department and the unit price approved by the price department.

3. If the land compensation fees and resettlement subsidies paid in accordance with regulations cannot enable the farmers who need to be resettled to maintain their original living standards, the resettlement subsidies may be increased. However, the total of land compensation fees and resettlement subsidies shall not exceed 30 times the average annual output value of the three years before the land is expropriated.

2. Legal provisions related to compensation standards for enterprise land acquisition

"Land Management Law of the People's Republic of China"

Article 47 Where land is expropriated, compensation shall be provided according to the original purpose of the expropriated land.

Compensation fees for farmland expropriation 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 three years before the expropriation of the cultivated land. 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 to be resettled is calculated by dividing the amount of expropriated cultivated land by the average amount of cultivated land per person of 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.

The standards for land compensation and resettlement subsidies for the expropriation of other land shall be stipulated by the provinces, autonomous regions and municipalities with reference to the standards for land compensation and resettlement subsidies for the expropriation of cultivated land. The compensation standards 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 plots in urban suburbs, the land-using unit shall pay a fund for the development and construction of new vegetable plots in accordance with relevant regulations.

If the payment of land compensation fees and resettlement subsidies in accordance with the provisions of paragraph 2 of this article cannot enable the farmers who need to be resettled to maintain their original living standards, the resettlement subsidies may be increased with the approval of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government. 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 land compensation fees and resettlement subsidies for cultivated land acquisition under special circumstances.

Article 48 After the land acquisition compensation and resettlement plan is determined, the relevant local people's government shall make an announcement and listen to the opinions of the rural collective economic organizations and farmers whose land has been acquired.

Article 49 The rural collective economic organization whose land has been expropriated shall announce the income and expenditure status of the compensation fees for the expropriated land to the members of the collective economic organization and accept supervision. It is prohibited to encroach on or misappropriate the land acquisition compensation fees and other related expenses of the units whose land has been expropriated.

Therefore, every local government will make corresponding regulations on compensation for land acquisition by companies, and the compensation standard is based on the local economic level. Although there is no fixed standard, there is generally a minimum limit. Therefore, if you think that the compensation standard given by the company is too low, you can file a lawsuit. If you still have questions about the standard of compensation for land acquisition by the company, you can call a lawyer to consult.