What is the compensation standard for land acquisition in Datong 2022?
Land expropriation is land expropriation, and the state should compensate citizens for the land they enjoy the right to use according to law. So what is Datong's compensation standard for land acquisition? Land expropriation compensation includes land compensation fee, farmer resettlement subsidy and compensation fee for attachments on land. 1. Compensation for expropriation of agricultural land: 1. Land compensation fee: calculation method: the land expropriation price (area price) of each region set by each government according to local conditions multiplied by the area of the expropriated land is the standard of land compensation fee. Unused land is executed at 60% of the area price. See the Notice of Hebei Provincial People's Government on Implementing Piece Price in Land Requisition Areas for the piece price in Hebei Province. If it is levied according to the needs of national projects, it will be implemented in accordance with the newly introduced policies. If there are no specific rules, the land compensation fee is generally paid according to 16 times of the average annual output value of the expropriated cultivated land in the first three years. In principle, 20% of the land compensation fee belongs to the village collective and 80% to the contractor. 2. Resettlement subsidy: This compensation item is generally combined with land compensation fee. According to the provisions of Document No.238 (2004) of the Ministry of Land and Resources, the total amount of land compensation fee and resettlement fee is calculated at 30 times. If calculated separately, the standard of resettlement subsidy is 14 times of the average annual output value of the expropriated cultivated land in the first three years. This fee is specially used to subsidize those who need to be resettled. The village collective organization is responsible for the resettlement of land-expropriated personnel, and the expenses shall be uniformly used and resettled by the village collective. 3. Young crop compensation fee or attachment compensation fee: Young crop compensation fee is calculated according to the output value of crops in the current season at the time of land acquisition. The compensation fee for ground attachments is also issued by the community municipal government, and there are specific compensation standards. Taking Shijiazhuang City as an example, the Shijiazhuang Municipal Government issued the Notice on the Compensation Standard for Collecting Young Crops on Collective Land and Attachments to Buildings on the Ground in Shijiazhuang City in document No.27 (2007). Other cities and counties also have this regulation. The expropriated person can calculate these two expenses according to this standard. It should be noted that the two expenses are owned by the land contractor or the owner of the attached object, and the collective organization cannot ask for division. There are two compensation methods for Datong state-owned land: 1, property right exchange compensation; 2. Money compensation. Datong property right exchange compensation: 1, Datong housing value compensation standard: The housing compensation here refers to the compensation for the value of the buildings on the expropriated state-owned land, which is not lower than the similar market price of the expropriated houses on the date of the announcement of the housing expropriation decision, and an appraisal agency with appraisal qualification is invited to conduct appraisal and determination. The market price here, the prefecture-level city government departments will formulate the corresponding housing market price list according to the annual residential housing market price law for local residents' reference. For example, the Shijiazhuang Municipal People's Government publishes the price list of residential housing market in Shijiazhuang demolition area every year in response to the three-year policy of great change. If you don't know the price of the demolished houses in your area, you can consult the local government construction department or ask for materials. If there is any objection to the evaluation of determining the value of the house, the evaluation can be reviewed. If there is any objection to the evaluation results, it may apply to the evaluation expert committee for re-evaluation. 2. Datong's relocation expenses and temporary resettlement expenses (commonly known as transition expenses). The specific amount and calculation method of relocation expenses and temporary resettlement expenses have generally been determined by municipalities. For details, please refer to the standards issued by various places. The compensation standards listed by the author here are all calculated by means of large-scale relocation and crossing. If the demolisher provides the revolving house, there is no need to pay the temporary resettlement fee. Take Shijiazhuang as an example (self-relocation): 20 12 relocation fee 20 yuan /m2, calculated twice; The temporary resettlement fee (transition fee) is calculated according to 25 yuan /m2, and it will be increased by 50% every month if it is overdue within 12 months, by 75% from 13 months if it is expected to be less than 24 months, and by 100% from the 25th month if it is overdue for more than 24 months. 3. Compensation for losses caused by the suspension of production and business in Datong City. This fee is the compensation for non-residential business premises. Because it is a case, the compensation standard cannot be unified. Generally determined by the parties involved in the collection through consultation. If negotiation fails, it can be entrusted to a real estate price assessment agency for assessment and determination. 4. The demolition subsidies and incentive subsidies in Datong City include difficult subsidies and overall subsidies. Hardship allowance is a subsidy for the poor, which is determined according to the standards issued by the local government; Pooled subsidy The standard of pooled subsidy will also be issued for all the additional subsidies for the demolished houses. For example, Shijiazhuang released the benchmark subsidy coefficient of the houses expropriated in Shijiazhuang urban area. Reward refers to the extra compensation paid to the demolished person to encourage the demolished person to move in time. The specific standards vary from place to place, but the fee is not mandatory, and it depends on local policies. 5. The compensation for house decoration and household appliances relocation in Datong is also negotiated by both parties first, and the negotiation cannot be determined by the evaluation agency. The relocation of household appliances is also implemented with reference to the above measures. However, in order to be unified and convenient, counties and cities will issue specific compensation standards according to market prices, and the specific amount will be subject to the compensation standards issued at the time of release. Monetary compensation for demolition in Datong: 1. The compensation standard of housing value compensation is the same as that of property right exchange, but one item is added: the pool subsidy area is included in the compensation calculation. 2. According to the above standards, only 12 months of temporary resettlement fee will be paid, and the relocation fee is the same as the property right exchange. 3. Other compensation items that make monetary compensation to the people who have been demolished, as long as they meet the conditions, can also enjoy all kinds of difficult subsidies, demolition incentives, losses due to suspension of production and business, special housing compensation, household appliances relocation, etc. 1. compensation for house demolition on collective land At present, the contradiction of collective land expropriation is becoming more and more prominent. China has not yet formulated a normative law and regulation on collective land and housing expropriation. The compensation standard of rural land expropriation is still scattered in land management law and local laws and regulations, but the compensation standard is low, which obviously does not conform to the reality of rural economic development. The relevant national legal departments are working on it, and the specific implementation time is still unknown. In order to facilitate the demolition work, counties and cities have formulated and improved corresponding compensation standards according to national laws and regulations. For example, Hebei Province issued Document No.32 (2008). Rural expropriation and demolition includes agricultural land and homestead, which are explained one by one as follows: 2. The compensation for rural homestead houses is still based on the current laws and regulations, because the state is working hard to formulate new compensation standards for collective land and house expropriation and demolition, and the houses on the homestead are only compensated as attachments. I believe that after the introduction of the new regulations, we may make full reference to the compensation items of state-owned land and houses, and we will wait and see. Here I simply estimate the compensation items: 1, homestead compensation fee; 2. Housing compensation fee and decoration fee; 3. Resettlement and relocation expenses; 4. Difficult subsidies and rewards; 5. Relocation compensation for various household appliances in the house; 6. Compensation for operating losses of non-residential houses, etc. In recent years, the transformation of villages in Datong City is a policy that benefits the country and the people, which is advocated by the government to improve urban functions and improve urban environment. Its demolition is essentially different from house demolition on state-owned land and rural collective land demolition. The reconstruction and demolition of villages in cities is a combination of government advocacy, developer investment and villagers' independent demolition, and the main body of demolition is village collective organizations' independent demolition. The expropriation and demolition of state-owned land and rural collective land are carried out in the name of the government, and the main bodies of the demolition are essentially different. The compensation items for the reconstruction and demolition of villages in cities vary from village to village. According to their own conditions and economic conditions, the villagers' assembly or villagers' meeting will determine the compensation scheme through discussion. But generally speaking, it is divided into the following items: 1, a homestead replaces a 300-square-meter high-rise residential building in the same lot: this is the compensation method advocated and decided by the Shijiazhuang municipal government, which is the bottom line and cannot be lower than this standard. Of course, the villages basically follow this standard, and some villages even raise the compensation standard, such as giving the villagers of collective organizations 300 square meters of interior area. 2. Temporary resettlement fee and relocation fee: the temporary resettlement fee is calculated as 15 yuan /m2, and the relocation fee is calculated as 10 yuan /m2, which is calculated twice; This is the standard as of 20 1 1. However, the recent expropriation and demolition of state-owned land has increased these two quantities. The compensation for the reconstruction of villages in cities will definitely be improved accordingly with reference to this standard. 3. Compensation and decoration payment for above-ground houses: There is no specific standard for reference, and it is generally determined by the evaluation agency. Of course, assessment agencies have specific standards. The compensation for interior decoration is basically the same. 4. Loss due to suspension of production and business: This expense is mainly used to compensate the business premises. For example, the losses compensated by curtain along the street, enterprises or companies in urban villages during the period of suspension are generally determined through negotiation or evaluation. 5. Incentives for demolition: Each village sets its own reward standards, which cannot be unified. 6. Electrical appliance transfer fee: generally compensated according to the market price. Current home appliance transfer fee: an air conditioner in 200 yuan; Cable TV1every household in 50 yuan; Telephone transfer to 88 yuan; Water heater 100 yuan, and so on. If the market price rises in the process of demolition, the compensation will be increased accordingly. 7. Other compensation or subsidies: On the basis of the above standards or with reference to the above standards, each village will pay and compensate the needy households separately, which will be determined by the main collective organizations of each village through the compensation scheme, depending on the situation of the village. To sum up, due to the implementation of "one village, one policy" in the reconstruction of urban villages, the compensation projects in urban villages may not be compensated according to the above projects, mainly because the economic development conditions of each village are different. The author mainly refers to the compensation projects for the reconstruction of most urban villages. Recently, however, the contradiction between the reconstruction and demolition of villages in cities has been increasing, because there is a big difference in compensation for demolition among villages in cities, which has aroused great public anger. Therefore, the author suggests that a reasonable compensation scheme should be formulated comprehensively on the basis of "the same price in the same place" in the country, and the gap between villages should not be too large, let alone compared with each other. What is the compensation standard for land acquisition in Datong? With regard to compensation for land expropriation, if the state expropriates land for urban planning or public facilities, it should give subsidies to users. The standards of subsidies vary according to the economic conditions in different regions and the types of land.