land expropriation

With the implementation of the rural revitalization policy, more and more rural areas have begun to develop in a planned and high-quality manner, and the employment and living environment of farmers are getting better and better. However, it has brought large-scale changes to the countryside, such as overall reconstruction, relocation, demolition, etc., especially the problems caused by demolition. However, for a large number of farmers in the current society who go out to work or have settled abroad, they do not know much about the policy, nor do they know much about the compensation they can get after their old houses are demolished.
1. Compensation standards are not uniform. Many people believe that as long as the housing area is the same and other conditions are roughly the same, the compensation amount will be the same. In fact, this is wrong. The compensation standards are set by the local government. The specific compensation standards are different in each region and the composition is also different. For example, rural land acquisition and demolition includes house compensation, homestead compensation, land compensation, resettlement subsidies, compensation for ground attachments and young crops, etc.
Land compensation fees and homestead compensation fees are generally owned by rural collectives and distributed uniformly by the village collectives.
2. The difference between each type of compensation. House compensation: House compensation is mainly based on many factors such as the area of the house and the actual condition of the house. Homestead compensation: Although the house is located on the homestead, there is still individual compensation for the homestead, which is of the nature of land and is owned by rural collective land.
Naturally, this step of compensation is indispensable. Land compensation: When the state requisitions land from rural collective economic organizations for general construction, the calculation standard for land compensation is: if cultivated land is requisitioned, the land other than cultivated land will be calculated based on 6-10 times the average annual output value of the three years before the requisition. The land compensation fee is determined by each province, autonomous region, and municipality directly under the Central Government with reference to the above-mentioned cultivated land compensation standards.
Beijing lawyer consulting fields: legal services for 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.
Compensation fee for ground attachments: refers to the total cost of demolition and restoration of various buildings and structures on the ground such as houses, wells, roads, pipelines, canals, etc., as well as the cost of compensation or felling of trees on the acquired land. After rural land is expropriated, the nature of the land has changed, but the compensation to farmers is not due to the location and use after the change of nature.
Therefore, the demolition compensation received by farmers is relatively low. Three Related Laws "Regulations on Expropriation and Compensation of Houses on State-owned Land" Article 17 The people's government at the city and county levels that makes the decision to expropriate houses shall provide compensation to the expropriated persons, including: (a) Compensation for the value of the expropriated houses; (2) Compensation for relocation and temporary resettlement caused by the expropriation of houses;
3. Compensation for losses caused by house expropriation. The people's governments at the city and county levels shall formulate subsidies and reward measures to provide subsidies and rewards to the expropriated persons. Article 47 of the "Land Management Law of the People's Republic of China" Where land is expropriated, compensation shall be provided according to the original use of the expropriated land. Compensation for cultivated land expropriation includes land compensation, resettlement subsidies, and compensation 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 expropriation of other land shall be implemented by provinces, autonomous regions, and municipalities with reference to the provisions of the preceding paragraph. The State Council may increase the standards for cultivated land compensation and resettlement subsidies under special circumstances based on the level of social and economic development.
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 a lawyer on this site for one-on-one online consultation.