What about forced land acquisition in Xiaoxian County?
What about forced land acquisition in Xiaoxian County? Expropriation without the approval of the provincial government and the State Council is illegal, and it exists in a large number in reality. For this kind of expropriation, the villagers can refuse to hand over the land, refuse to cooperate, or jointly sue; Of course, if you think that the compensation standard set by the collection department is too high, it is acceptable. The other category is: expropriation approved by the government at or above the provincial level according to law. When villagers encounter such expropriation, they can file reconsideration and litigation against the approval documents of the provincial government; You can also file a reconsideration and lawsuit against the county government for organizing the implementation of land acquisition; If the compensation standard is deviated, you can apply to the government at or above the provincial level for an administrative ruling. Requisition of land needs to be approved by the people's government at or above the provincial level, and other organs have no right to approve it, otherwise it is illegal requisition of land; The compensation standard is determined according to the "land acquisition plan" in the approval document, but it shall not be lower than the local land price, otherwise it will be compensated illegally; Land requisition should publish the land requisition document number and compensation standard within the scope of land requisition, so as to ensure the right of informed confirmation hearing of the land requisitioned households, otherwise the procedure is illegal; Compensation should be paid in one lump sum, not monthly; Compensation for attachments on the ground shall be formulated locally, and compensation may also be determined through evaluation; Can the state expropriate land by force? 1. The state can expropriate land compulsorily, and expropriation of land is compulsory. This compulsion is not without any constraints, but under the law, the prescribed legal procedures must be fulfilled according to law. As long as the legal procedures are fulfilled, farmers must hand over their land. 2. Of course, the compensation for legal land acquisition is very small, which is far from the land transfer price, which also reflects the mandatory nature of land acquisition. 3. The compensation standard for lawful land acquisition shall be formulated by the local municipal and county governments. Of course, the provincial government generally needs to establish a control line. Where land is expropriated according to law, the local city and county governments and the Bureau of Land and Resources shall publish the announcement of land expropriation scheme and the announcement of compensation and resettlement scheme according to law, and the announcement shall specify the compensation and resettlement standards. It is through these two announcements that farmers understand the standards of land expropriation and compensation and resettlement. Without these two announcements, it can basically be concluded that land acquisition is illegal. What is the new national compensation standard for land expropriation? Article 48 of the Land Management Law gives fair and reasonable compensation for land acquisition, ensuring that the original living standards of landless farmers are not reduced and their long-term livelihood is guaranteed. Land requisition shall pay land compensation fees, resettlement subsidies and compensation fees for rural villagers' houses, other ground attachments and young crops on time and in full according to law, and arrange social security fees for landless farmers. The standards of land compensation and resettlement subsidies for requisitioning agricultural land shall be determined by the provinces, autonomous regions and municipalities directly under the Central Government through the formulation and publication of comprehensive land prices in the region. The formulation of regional comprehensive land price should comprehensively consider the original land use, land resource conditions, land output value, land location, land supply and demand, population and economic and social development level and other factors, and be adjusted or re-published at least once every three years. Compensation standards for expropriation of agricultural land, ground attachments and land other than young crops shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government. In accordance with the principle of compensation before relocation and improvement of living conditions, fair and reasonable compensation shall be given to rural villagers' houses, and the wishes of rural villagers shall be respected. Fair and reasonable compensation shall be given by rearranging housing sites, providing resettlement houses or monetary compensation, and compensation shall be paid for relocation and temporary resettlement expenses caused by expropriation, so as to protect rural villagers' right to live and legitimate property rights and interests. The local people's governments at or above the county level shall incorporate the land-expropriated farmers into the corresponding social security system such as providing for the aged. The social security expenses of landless peasants are mainly used for social insurance payment subsidies such as endowment insurance for eligible landless peasants. Measures for the collection, management and use of social security fees for landless farmers shall be formulated by provinces, autonomous regions and municipalities directly under the central government. Therefore, the above provisions are more detailed. Simply put, land acquisition is permanent, and compensation is divided into three categories: young crops, labor and land compensation. Among them, young crops are paid to farmers, and labor remuneration is paid to farmers. The land compensation policy stipulates that it should be paid to collective economic organizations (village committees, township governments, etc.). ), but townships and villages are made up of farmers. Therefore, some areas have begun to pay some of them to farmers. The compensation standard for land expropriation varies with the level of economic development in different places, generally ranging from 30,000 yuan/mu to100,000 yuan/mu. I come from Nanjing, Jiangsu. Our average land acquisition here is 6.5438+0.2 million yuan/mu. The standard is about 3,000 yuan/mu for young crops, 0/0000 yuan/person for labor and 30,000 yuan/mu for land compensation. In the past, all land compensation was paid to township governments and village committees, but now 70% is given to farmers and 30% to township governments and village committees. To sum up, land expropriation can only be carried out after consultation between the two parties, and it cannot be forcibly handled without the consent of the land requisitioner. Then this is illegal and wrong for anyone. Therefore, land requisitioners must learn to protect themselves by law. In this case, he must call the police and negotiate a solution in a civilized way.