Provisions of Land Management Law on compensation for homestead;
Article 47 of the current land management law stipulates that if land is expropriated, compensation shall be given according to the original use of the expropriated land. Compensation for requisition of cultivated land includes land compensation fee, resettlement fee and compensation fee for attachments and young crops on the ground. The land compensation fee for expropriation of cultivated land is six to ten times the average annual output value of the cultivated land in the three years before expropriation.
The resettlement subsidy for requisitioned cultivated land shall be calculated according to the number of agricultural population to be resettled. The number of agricultural population to be resettled shall be calculated by dividing the number of cultivated land requisitioned by the average number of cultivated land occupied by each requisitioned unit before land requisition.
The resettlement subsidy standard for each agricultural population in need of resettlement is four to six times the average annual output value of the cultivated land in the three years before expropriation. 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 before expropriation.
Second, the homestead compensation standard:
Homestead compensation is formulated according to different places, and the compensation standard should be checked by relevant local departments.
If the compensation standard is too low:
1, you can go to the land department to consult the local compensation standard;
2. If the standard is too low, you can complain to the higher authorities.
Third, the compensation method:
The property right of rural homestead belongs to the village collective, which is allocated to the villagers for use, and the villagers build houses and live on the homestead. There are two compensation methods for house site demolition.
First, homestead compensation,
The second is housing compensation.
Because the property right of the homestead belongs to the village collective, this part of compensation belongs to the village collective and will not be directly given to the homestead users. The property right of the house belongs to the villagers, so the compensation of the house belongs to the villagers After the villagers' homestead is expropriated, if there are no other homesteads, then the village collective will redistribute the homestead to the villagers and let them build houses on the new homestead.
Fourthly, the compensation of homestead in the latest land law
1. The draft amendment to the land law clearly stipulates that rural villagers' houses shall be compensated separately. The draft stipulates that the specific measures for compensation and resettlement of land collectively owned by farmers shall be formulated by the State Council. According to the specific measures formulated by the State Council, provinces, autonomous regions and municipalities directly under the Central Government may stipulate specific compensation and resettlement standards.
The current article 47 stipulates that if land is expropriated, compensation shall be given according to the original use of the expropriated land; Compensation for requisition of cultivated land includes land compensation fee, resettlement fee and compensation fee for attachments and young crops on the ground; The sum of land compensation fees and resettlement subsidies shall not exceed 30 times of the average annual output value in the three years before land expropriation. The draft amendment has revised the above three provisions.
2. Compensation for land expropriation has increased homestead compensation and social security compensation. The draft amendment stipulates that land acquisition compensation includes land compensation fees, resettlement subsidies and social security fees for landless farmers, compensation fees for farmers' houses, compensation fees for other ground attachments and compensation fees for young crops.
3. In terms of housing security. In the urban planning area, land-expropriated farmers provide houses on state-owned land, and monetary compensation is given at the market price if they cannot provide them; Outside the urban planning area, arrange the homestead to rebuild housing, and compensate according to the cost of new housing.
Extended data:
I. Compensation for land requisition
"Land expropriation compensation refers to the fair compensation given to the owner of the expropriated house (hereinafter referred to as the expropriated person) by the house expropriation department on its own or by entrusting the house expropriation implementation unit in accordance with the provisions of the compensation standards for the demolition of houses on collective land and state-owned land in China."
Second, the compensation fee items
1. Land compensation fee is the economic compensation paid by the land unit for the economic losses caused by the rural collective economic organizations whose land has been expropriated.
2. Young crops compensation fee The compensation fee paid by the land-using unit to the units and individuals planting young crops for young crops damage caused by land requisition.
3. Compensation fee for attachments. If the attachments such as houses and other facilities on the expropriated land are damaged due to expropriation, the land-using unit shall pay the compensation fee to the expropriated person.
4 resettlement subsidies, as well as compensation fees paid by land units for the resettlement of surplus labor generated by land acquisition.
Third, the compensation standard
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 according to law.
2. Determination of the average annual output value in the three years before land acquisition (compensation standard of land compensation fee and resettlement subsidy): the annual statistical report of the most basic unit approved by the local statistical department and the unit price approved by the price department shall prevail.
3, according to the provisions of the payment of land compensation fees, resettlement subsidies can not make the farmers who need to be resettled to maintain their original living standards, you can increase the resettlement subsidies. The original land compensation fee and resettlement subsidy shall not exceed 30 times of the average annual output value in the three years before land acquisition, and have been deleted in the Land Management Law on March 26th, 20 13? [2]? .
Fourth, salary management.
After the land acquisition unit collects the compensation fee, it shall be handled in the following ways:
1. Land compensation fees owned by collectives, resettlement subsidies payable to collectives according to law, young crops compensation fees and ground attachments compensation fees shall be managed and used by land-expropriated units.
2. Young crops compensation fee and attachments compensation fee belong to the owners of young crops and attachments.
3, the ownership and use of resettlement subsidies:
(1) The resettlement of rural collective economic organizations shall be paid to the rural collective economic organizations for management and use.
(2) if it is placed by other units, it shall be paid to the placement unit.
(3) If there is no need for unified resettlement, with the consent of the resettlement personnel, it shall be paid to the individual resettlement personnel or used to pay the insurance premium for the resettlement personnel.
Five, the collective compensation income distribution method:
1, set up a special account in a local financial institution.
2, the use of public, accept the supervision of the villagers.
3, the distribution method by the villagers' meeting or the villagers' representative meeting by more than half, reported to the township government for the record.
Dispute over compensation by intransitive verbs
The dispute over 1. compensation standard shall first be settled by the government at or above the county level through coordination. If the coordination fails, it shall be decided by the people's government that approved the requisition of land.
2. The dispute over the allocation of compensation expenses is essentially a civil dispute. The parties are village committees or rural collective economies and villagers, and the parties can solve them through civil litigation.
3. The dispute over land acquisition information disclosure belongs to administrative disputes, and the parties can solve it through administrative reconsideration and administrative litigation.
Seven. land management law
Article 47 Where land is expropriated, compensation shall be given according to the original use of the expropriated land. Compensation for requisition of cultivated land includes land compensation fee, resettlement fee and compensation fee for attachments and young crops on the ground. The land compensation fee for expropriation of cultivated land is six to ten times the average annual output value of the cultivated land in the three years before expropriation. Farmland resettlement subsidy is calculated according to the number of agricultural population to be resettled.
The number of agricultural population to be resettled shall be calculated according to the number of cultivated land expropriated divided by the average number of cultivated land occupied by each expropriated unit before land expropriation. The resettlement subsidy standard for each agricultural population in need of resettlement is four to six times the average annual output value of the cultivated land in the three years before expropriation.
However, the resettlement subsidy for each hectare of cultivated land to be expropriated shall not exceed fifteen times the average annual output value of the three years before expropriation. The standards of land compensation fees and resettlement subsidies for the expropriation of other land shall be stipulated by provinces, autonomous regions and municipalities directly under the Central Government with reference to the standards of land compensation fees and resettlement subsidies for the expropriation of cultivated land.
The compensation standards for attachments and young crops on expropriated land shall be stipulated by provinces, autonomous regions and municipalities directly under the Central Government. Requisition of vegetable fields in the suburbs of cities, land units shall pay the new vegetable field development and construction fund in accordance with the relevant provisions of the state.
If the payment of land compensation fees and resettlement subsidies in accordance with the provisions of the second paragraph of this article still fails to maintain the original living standards of farmers who need resettlement, 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 sum of land compensation fees and resettlement subsidies shall not exceed 30 times of the average annual output value of the land in the three years before expropriation.
According to the level of social and economic development, under special circumstances, the State Council can raise the standards of cultivated land compensation and resettlement subsidies. Forty-eighth after the land acquisition compensation and resettlement plan is determined, the relevant local people's governments shall make an announcement and listen to the opinions of the rural collective economic organizations and farmers whose land has been expropriated.
Forty-ninth rural collective economic organizations whose land has been expropriated shall announce the revenue and expenditure of land acquisition compensation to the members of the collective economic organizations and accept supervision. It is forbidden to occupy or misappropriate the land acquisition compensation and other related expenses of the requisitioned land units.
Eight, compensation work requirements
The "Notice" clearly stipulates the compensation and resettlement for the house demolition of land-expropriated farmers, solving the housing problems of land-expropriated farmers, standardizing the land expropriation procedures, and improving the transparency of land expropriation.
The "Notice" requires that the compensation and resettlement work for demolition involved in land acquisition should be done well, and the illegal forced demolition should be resolutely stopped and corrected; Reasonable compensation and resettlement for house demolition, adopting diversified resettlement methods according to local conditions, and properly solving the housing problem of farmers who have been demolished; Make overall plans and promote land acquisition and demolition in an orderly manner.
At the same time, we should conscientiously do a good job of informing, confirming and hearing before the approval of land use, and properly solve the reasonable demands put forward by the masses; Simplify the implementation procedures after land acquisition and approval; Strengthen the main responsibility of city and county governments in land acquisition, and the land and resources management departments should conscientiously perform their duties under the unified organization and leadership of the government;
Implement the feedback system after the approval of land acquisition. Within 6 months after the approval of construction land, the municipal and county land and resources management departments shall timely report the completion of land acquisition approval to the higher authorities through the online submission system.
Baidu Encyclopedia-Land expropriation compensation standard