(a) the principle of land acquisition:
1. The state, in order to meet the needs of public interests, expropriates or expropriates land collectively owned by farmers in accordance with the authority and procedures prescribed by law, and makes compensation.
2, the expropriation of land, compensation according to the original use of the expropriated land.
3. Compensation fees for requisition of cultivated land include land compensation fees, resettlement fees and compensation fees 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.
(two) pay attention to the study of local specific provisions on land acquisition compensation and resettlement:
Because the urban land in China is owned by the state and the rural land is collectively owned, the demand for land in the process of urbanization must be met by the expropriation of rural collectively owned land by administrative organs. When handling such cases, lawyers should not only understand the relevant provisions of the state, but also pay attention to studying the specific local regulations.
(3) Work procedures for land requisition compensation and resettlement
1. Before the land requisition is submitted for approval according to law, the land management department at the county level shall inform the rural collective economic organizations and farmers of the purpose, place, compensation standard and resettlement method of land requisition in writing. After being informed, all the attachments and plants planted, planted and built on the expropriated land by the rural collective economic organizations and farmers will not be compensated.
2. The administrative department of construction land at or above the county level shall investigate the ownership, category and area of the land to be requisitioned and the ownership, category and quantity of the ground attachments, and the investigation results shall be confirmed with the rural collective economic organizations, farmers and the property owners of the ground attachments.
3. After the land acquisition is approved according to law, the land management department at or above the county level shall announce the approval of land acquisition in accordance with the provisions of the Measures for the Announcement of Land Acquisition. Except for special circumstances such as state secrecy provisions, the approval of land acquisition shall be published online.
4. Land management departments at or above the county level shall, according to the approval documents of land acquisition, draw up compensation and resettlement plans for land acquisition (including compensation and resettlement standards for land acquisition and demolition) within 45 days from the date of announcement of land acquisition, and report them to the local people's government for approval, and make an announcement in accordance with the provisions of the Measures for Announcement of Land Acquisition. If the rural collective economic organizations and farmers whose land has been expropriated apply for a hearing, the land management department shall organize a hearing in accordance with the procedures and relevant requirements stipulated in the hearing of land and resources.
5. After the approval of the land requisition compensation and resettlement plan, the local people's government shall organize the county-level land management department or entrust the relevant units to negotiate and sign the land requisition compensation and resettlement agreement with the land requisitioned units.
The compensation and resettlement fees for individual site selection projects and batch projects shall be paid according to the compensation and resettlement plan of the people's government of the city or county. Failing to pay in full on schedule, no approval letter for construction land shall be issued, and no land shall be used.
6. The implementation procedures of compensation and resettlement for land acquisition and house demolition shall be implemented in accordance with the relevant provisions of various provinces and cities. If the compensation and resettlement for land acquisition and house demolition needs to be evaluated, it should also be carried out in accordance with the "Code for Real Estate Evaluation".
Attached 20 16 latest rural land expropriation compensation and resettlement standards:
The compensation standard for rural land expropriation consists of land compensation fee, resettlement subsidy and young crop compensation fee.
I. Land compensation fee
How is the land compensation fee for land requisition calculated? The land compensation fee is generally six to ten times the average annual output value of the cultivated land in the three years before it is requisitioned.
II. Subsidies for land acquisition and resettlement
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.
Third, the young crops compensation standard
For the newly sown crops, the production cost will be compensated by one third of the quarterly output value. For growing crops, the maximum compensation is based on the output value in the first quarter. Crops, oilseeds and tender vegetables that can be harvested will not be compensated. Perennial economic trees should be transplanted as far as possible, and the land use unit should pay the transplant fee; Can not be transplanted and must be cut down, the land unit should be compensated according to the actual value. For timber trees, the owner of the tree will cut them down for free.
Four, other attachments compensation standard
Land requisition needs to relocate railways, highways, high-voltage power lines, communication lines, broadcasting lines, etc. , and need to negotiate with relevant departments according to the specific situation, prepare the investment estimate, and include it in the preliminary design estimate for approval. Compensation for the demolition of farmland water conservancy facilities and other supporting buildings, wells, artificial fish ponds, farms, graves, toilets, pigsty, etc. Payment shall be made according to relevant standards. Land units that occupy cultivated land for building houses or engage in other non-agricultural construction shall pay cultivated land occupation tax in accordance with the Provisional Regulations of the People's Republic of China on Farmland Occupation Tax.