Article 2 These Measures shall apply to land expropriation activities within the administrative area of this province.
Article 3 The term "land expropriation" as mentioned in these Measures refers to the act of expropriation of land collectively owned by farmers to the state with the approval of the people's government of the State Council or the province according to the needs of economic and social development and other public interests, and reasonable compensation and resettlement according to law.
Article 4 Land expropriation shall follow the principles of legal procedures, openness and transparency, full compensation and proper resettlement, taking into account the interests of the state, the collective and the individual.
Article 5 The municipal and county people's governments shall be responsible for land expropriation within their respective administrative areas.
Township (town) people's governments and sub-district offices shall, in accordance with the unified arrangements of the people's governments at higher levels, assist in the relevant work of land acquisition.
The administrative department of land and resources of the sixth provincial people's government is responsible for the supervision and management of land expropriation in the province. The administrative departments of land and resources of the people's governments of cities and counties shall be responsible for the specific implementation of land expropriation within their respective administrative areas.
Development and reform, agriculture, finance, human resources and social security, housing and urban construction, public security, civil affairs, auditing and supervision departments shall, in accordance with their respective responsibilities, do a good job in land acquisition. Article 7 The municipal and county people's governments shall, according to the national economic and social development plan, the overall land use plan, the urban and rural planning and the annual land use plan, make overall arrangements for land acquisition within their respective administrative areas.
Eighth expropriation of land collectively owned by farmers, the municipal and county people's governments shall issue a notice of land expropriation in the location of rural collective economic organizations. The announcement of land expropriation shall include the location, scope, use and compensation standard of the expropriated land.
Article 9 The administrative departments of land and resources of the people's governments of cities and counties shall organize survey and demarcation according to the announcement of land expropriation issued by the people's governments at the corresponding levels, and conduct on-the-spot investigation, inventory and verification with the villagers' committees and contractors on the ownership, type and area of the expropriated land and the ownership, type and quantity of the ground attachments, and fill in the land requisition survey list.
The list of land requisition investigation shall be confirmed by all parties involved in on-site investigation, inventory and verification. Rural collective economic organizations and farmers have objections to the survey results, which should be put forward on the spot, and the administrative departments of land and resources of the people's governments of cities and counties should review them on the spot.
Article 10 The administrative departments of land and resources of the people's governments of cities and counties shall, jointly with relevant departments, draw up a compensation and resettlement plan for land acquisition within 65 working days from the date of the end of the investigation in accordance with the relevant provisions of the state and the province.
The land requisition compensation and resettlement plan shall include the following contents:
(a) The location, type and area of the land;
(two) the standard and amount of compensation and resettlement fees for land acquisition;
(three) the types and quantities of attachments and young crops on the ground, and the compensation standards and amounts;
(4) Specific resettlement measures for land-lost personnel;
(5) Other compensation and resettlement measures.
Article 11 The administrative departments of land and resources of the people's governments of cities and counties shall publicize the land compensation and resettlement plan to be expropriated at the location of rural collective economic organizations, and the publicity period shall not be less than 5 working days.
Rural collective economic organizations, farmers or other rights holders who request a hearing on compensation standards and resettlement methods shall apply to the administrative departments of land and resources of the people's government of the city or county within five working days from the date of the end of the publicity of the compensation and resettlement plan for land acquisition. The administrative department of land and resources of the people's government of the city or county shall organize a hearing in accordance with the provisions.
Twelfth rural collective economic organizations, farmers or other rights holders have no objection to the compensation standards and resettlement methods, the administrative departments of land and resources of the people's governments of cities and counties and the financial departments shall sign an agreement with the rural collective economic organizations on land acquisition compensation and resettlement. The land acquisition compensation and resettlement agreement mainly includes the location, quantity, land type, compensation standard, resettlement method, time and method of cost allocation, time and method of land transfer, etc.
The list of land acquisition survey and investigation is an annex to the land acquisition compensation and resettlement agreement.
Thirteenth have objections to the standard of compensation, land acquisition compensation and resettlement agreement can not be reached, by the city and county people's government to coordinate; If the coordination fails, it shall be submitted to the provincial people's government for ruling.
Article 14 After the land acquisition compensation and resettlement agreement is signed or the compensation standard is determined, the administrative department of land and resources of the people's government of the city or county shall, in accordance with the relevant provisions of the state and the province, organize the preparation of the land acquisition plan, together with relevant materials, and report it to the people's government with the right of approval for approval.
Fifteenth city and county people's governments shall, after receiving the approval documents for land acquisition, make an announcement at the location of the rural collective economic organization where the land is expropriated.
The announcement mainly includes the following contents:
(a) the approval authority, approval number, approval time and land use;
(two) the ownership, location, land type and area of the expropriated land;
(3) Land requisition compensation and resettlement scheme.
Article 16 The financial department of the people's government of the city or county, jointly with the administrative department of land and resources, shall, within three months from the date of legally approving the expropriation of land, pay the rural collective economic organizations, farmers and other rights holders of the expropriated land full compensation and resettlement fees, ground attachments and young crops compensation fees according to the land expropriation compensation and resettlement agreement and the land expropriation investigation list.
Article 17 After the land requisition compensation and resettlement fees, ground attachments and young crops compensation fees are paid in full, the rural collective economic organizations, farmers and other rights holders whose land has been expropriated shall clean up the attachments and hand over the land within the prescribed time limit. Eighteenth city and county people's governments shall give compensation for land acquisition according to law, and take various ways to properly arrange the production and life of land-expropriated farmers to ensure that the original living standards of land-expropriated farmers are not reduced and their long-term livelihood is guaranteed.
Nineteenth land acquisition compensation and resettlement fees, in accordance with the comprehensive land price standards promulgated by the provincial people's government.
The regional comprehensive land price standard is adjusted and published once every 3 years.
Article 20 The compensation standards for attachments and young crops on expropriated land shall be formulated by the municipal people's government divided into districts and implemented after being approved by the price, finance, land and resources departments of the provincial people's government.
If the houses of members of rural collective economic organizations are demolished due to land requisition, which affects their residence, their living conditions shall be guaranteed.
Twenty-first city and county people's governments shall implement the relevant expenses of land expropriation according to law. Land acquisition related expenses include land acquisition compensation and resettlement expenses, ground attachments and young crops compensation fees, cultivated land reclamation fees, paid land use fees for new construction land, and government subsidies for social security funds for landless farmers.
The administrative department of land and resources of the people's government of the city or county shall, according to the local annual construction land plan, prepare the annual expenditure plan related to land expropriation, and report it to the financial department at the same level for examination and approval, and incorporate it into the annual land transfer revenue and expenditure budget to ensure that the relevant expenses of land expropriation are in place on time and in full.
Article 22 If all the land collectively owned by farmers is expropriated or there is no condition to adjust the contracted land after expropriation, 80% of the compensation and resettlement fee for land expropriation shall be paid to the land contractor, mainly for the social security and production and living resettlement of expropriated farmers, and the remaining 20% shall be paid to the rural collective economic organizations for setting up public welfare undertakings or building public facilities and infrastructure.
If the land collectively owned by the peasants that has not been contracted is expropriated, or the contracted land is conditionally adjusted after expropriation, the allocation and use scheme of the land compensation fee and resettlement subsidy shall be discussed and decided by all members of the villagers' meeting or rural collective economic organizations.
The ground attachments and young crops compensation fees belong to their owners.
Article 23 A social security system shall be implemented for land-expropriated farmers.
The social security fund for landless farmers is jointly raised by the government, collectives and individuals.
Part of the government contribution is arranged from the land transfer income; The government-funded part of a separate site selection project shall be borne by the land use unit.
In principle, the government-funded part shall not be less than 30% of the total social security expenses, and the following standards shall be implemented:
(1) If the comprehensive land price standard of the expropriated area is less than 50,000 yuan per mu, the government subsidy funds shall not be less than 50,000 yuan per mu 1 10,000 yuan;
(2) If the comprehensive land price standard of the expropriated area is 50,000 yuan to 6,543.8+0.5 million yuan per mu, the government subsidy fund shall not be less than 6,543.8+0.5 million yuan per mu;
(3) If the comprehensive land price standard of the expropriated area is more than 654.38+10,000 yuan per mu, the government subsidy fund shall not be less than 20,000 yuan per mu.
The government-funded part of the social security fund for landless farmers will be fully allocated to the local social security fund account when the land acquisition is submitted for approval; If the government subsidy funds are not implemented, the land acquisition will not be approved.
The specific measures for social security of landless farmers shall be formulated by the administrative department of human resources and social security of the province in conjunction with relevant departments.
Twenty-fourth to establish the employment security system for landless farmers, landless farmers will be included in the scope of unemployment registration and employment service system. The municipal and county people's governments shall arrange appropriate funds from the local land transfer income at one time to support the employment of landless farmers.
The municipal and county people's governments shall take measures to provide free labor skills training for landless farmers; Conditional to arrange certain public welfare jobs, support the employment of landless farmers.
Under the same conditions, land units should give priority to the employment of landless farmers.
Twenty-fifth encourage and support farmers to start their own businesses.
Land-expropriated farmers enjoy preferential treatment for urban unemployed residents in terms of loans.
Article 26 When the land collectively owned by peasants is expropriated in the planned area of a city or town or in a village (neighborhood) on the outskirts of a town, the people's government of the city or county may, according to the urban and rural planning and local conditions, arrange an appropriate amount of land for operation, which will be used by the rural collective economic organizations whose land has been expropriated for production, operation and resettlement of landless peasants.
Twenty-seventh expropriation of land collectively owned by farmers, land adjustment conditions, rural collective economic organizations can adjust the land for resettlement, so that farmers can continue to engage in agricultural production activities.
Twenty-eighth rural collective economic organizations whose land has been expropriated have all cultivated land or the per capita cultivated land after expropriation is less than 66 square meters. With the approval of the municipal and county people's governments, the members of the rural collective economic organizations will be included in the urban social security system in accordance with the regulations; The surplus land of the former rural collective economic organizations can be expropriated as state-owned according to law. Twenty-ninth land acquisition compensation and resettlement fees shall be earmarked and shall not be used for other purposes.
Thirtieth rural collective economic organizations whose land has been expropriated shall incorporate the income and expenditure of land acquisition compensation and resettlement fees into the contents of village affairs disclosure and announce them to the members of rural collective economic organizations.
Article 31 The departments of land and resources and finance of the provincial people's government shall timely supervise and inspect the allocation of land acquisition compensation and resettlement fees, ground attachments and young crops compensation fees, and ensure the timely and full payment of related expenses; Failing to pay the relevant expenses of land acquisition in full and on time, the planned supply of construction land and the approval of land acquisition in the city or county where the land is expropriated may be suspended. Thirty-second in violation of the provisions of these measures, the people's government of the city or county and the administrative department of land and resources did not organize the implementation of land acquisition or compensation and resettlement in accordance with the land acquisition procedures, and the people's government at the next higher level or the administrative department of land and resources shall order it to make corrections; If no correction is made within the time limit, it shall be punished according to law.
Article 33 If the rural collective economic organizations, farmers and other rights holders whose land has been expropriated fail to hand over the land within the prescribed time limit after the land expropriation has been approved according to law and the compensation and resettlement fees for land expropriation have been paid in full, the municipal or county people's governments shall order them to hand over the land within a specified time limit; If the land is not handed over within the time limit, it shall apply to the people's court for compulsory execution according to law.
Thirty-fourth in violation of the provisions of these measures, embezzlement, interception, misappropriation, dividing land compensation fees and resettlement fees, shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Thirty-fifth in violation of the provisions of these measures, hinder the land acquisition work, which constitutes a violation of public security management, and shall be punished by the public security organs according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 36 Where the administrative departments of land and resources of the people's governments at or above the county level and other relevant departments and their staff abuse their powers, neglect their duties or engage in malpractices for selfish ends in land acquisition, they shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. Thirty-seventh township (town) public facilities and public welfare undertakings use land collectively owned by farmers, and the procedures and standards for compensation and resettlement shall be implemented with reference to these measures.
Due to the needs of national construction, to recover state-owned farms, forest farms and other agricultural land, land recovery procedures and compensation standards shall be implemented with reference to these measures.
Due to the needs of national construction, the state-owned land used by rural collective economic organizations after the original farmers were converted into non-farmers is not compensated according to the regulations, and the land recovery procedures and compensation standards shall be implemented with reference to these measures.
Article 38 These Measures shall come into force as of 20111.
Kong X is an ordinary farmer. Kong X's husband, Li xx***, runs a honeycomb coal plant with good economic benefits. At the same time, his family contracted 5 mu of cultivated land. With diligence and wisdom, his life is thriving.
However, on 20 10, the county government's investment promotion broke the couple's quiet life. Just as Kong X and Li xx were weaving the dream of getting rich through hard work, surabaya county Land and Resources Bureau informed them that the land such as honeycomb coal plant and cultivated land in their village had been requisitioned by the county, and the county government had sold the land to a developer, asking them to vacate the land as soon as possible. Kong XX and Li XX wondered why this land was requisitioned without notice or approval. Don't people have the right to participate in government expropriation? After consulting lawyers, they thought that the expropriation of the county government was probably illegal, so they entrusted our Wang Weizhou lawyer to safeguard their legitimate rights and interests.
According to Mr. Wang's investigation, the land involved was submitted to the Shandong Provincial Government for approval in 2006 by the surabaya county Municipal Government for attracting investment. The approval document is "Reply on the first batch of urban construction land in surabaya county in 2006" (Zheng Lu Tuzi [2006] 1565), but the procedures of informed confirmation and hearing of land-expropriated farmers were not fulfilled in the process of expropriation. The land of Honeycomb Coal Plant was acquired by Li xx from the county, and the state-owned land use right certificate belongs to state-owned land. The county government once again reported it as collective land for examination and approval, which belongs to repeated land acquisition and the compensation standard is illegal. The cultivated land contracted by Kong X was approved by independent industrial and mining land, and both cases were illegally approved.
After research, Kong XX and Li XX respectively applied to the Shandong Provincial Government for administrative reconsideration, demanding to cancel the Reply on the First Batch of Urban Construction Land in surabaya county in 2006 (Tu Zi [2006]No. 1565). After examination, the Shandong provincial government admitted that the collection and approval was illegal, but refused to make an administrative reconsideration decision. Lawyers and farmers immediately complained about the inaction of the provincial government and demanded that it be dealt with according to law. Later, the Shandong provincial government made an administrative reconsideration decision, saying that the land of Li xx Honeycomb Coal Factory belongs to state-owned land, and the county government reported it as collective land, which is actually wrong. Therefore, the decision on the land acquisition of Li xx Honeycomb Coal Plant in the Reply (No.1565 [2006]) was revoked, and only the cultivated land contracted by Kong xx did not belong to independent industrial and mining land, which was not recognized by the Shandong Provincial People's Government, and Kong xx refused to apply to the State Council according to law.
After accepting the case, the Legislative Affairs Office of the State Council organized a hearing in surabaya county. At the hearing, Kong X's lawyer pointed out that the land contracted by Kong X, a land-expropriated farmer, belongs to cultivated land and has been cultivated, and signed a contract with the village committee according to the Rural Land Contract Law. After the surabaya county Municipal People's Government issued the rural land contractual management right certificate, according to the provisions of Land Category (20065438+0) No.255 of the Ministry of Land and Resources, due to the false nature of land types, the standards of land compensation fees and resettlement subsidies did not conform to the actual situation and legal provisions.
The respondent Shandong Provincial Government argued that according to the planning of surabaya county Municipal Government, the land involved had been changed from cultivated land to construction land, and the land classification was correct.
After investigation, the Legislative Affairs Office of the State Council believes that the land involved belongs to the cultivated land contracted by the applicant, and the land contracted by the applicant was declared as independent industrial and mining land by the surabaya county Municipal Bureau of Land and Resources, which was expropriated with the approval of the Shandong Provincial People's Government, which is inconsistent with the actual situation.
In the end, the State Council thought it was unclear that the Respondent Shandong Provincial Government's Reply on the First Batch of Urban Construction Land in surabaya county in 2006 (Zheng Lu Tuzi [2006] 1565) approved the Applicant's cultivated land as independent industrial and mining land. According to Article 14 and Article 28, Paragraph 1, Item 3 of People's Republic of China (PRC) Administrative Reconsideration Law,
Revoke the decision of the respondent Shandong Provincial People's Government (Zheng Lu Tuzi [2006] 1565) to expropriate the land contracted by the applicant. This is the final verdict.
Lawyer's analysis: the overall land use planning belongs to the government's land use planning for a certain period in the future, and the planning will not lead to the change of the actual land use. In a certain period of time, agricultural land will be planned as "construction land", and only when land needs to be expropriated in the future, the plot is located in the planning area, but it must still be declared according to the actual use of the land and compensated according to the actual use. The actual use of contracted land in Kongx belongs to cultivated land, so no matter how the county government plans in the future, it should be treated as cultivated land when collecting and approving.