Land compensation lawyer consultation

In order to meet the needs of public interests, the state may, in accordance with the law, expropriate or requisition land and make compensation. Article 42 of the Property Law stipulates: "In the public interest, collectively owned land, houses of units and individuals and other immovable property may be expropriated in accordance with the authority and procedures prescribed by law." Paragraph 4 of Article 2 of the Land Management Law stipulates: "The state may expropriate or requisition land according to law for the needs of public interests and make compensation." Article 5 of the land contractual management right certificate stipulates that "farmers who contract land shall obey the basic construction of farmland. Obey the requirements of national construction land and obtain reasonable compensation according to law. " Therefore, there is a legal basis for rural land expropriation, and legal land expropriation should be protected.

I. Compensation standard

The first category: the compensation standard for agricultural land expropriation is 35,700 yuan/mu (unified annual output value 1700 yuan/mu, land compensation multiple is 7, and resettlement compensation multiple is14); The compensation standard for land requisition for construction land and unused land is 18700 yuan/mu (unified annual output value is 1700 yuan/mu, land compensation multiple is 5, and resettlement compensation multiple is 6). Applicable area: Lucheng Town

The second category: the compensation standard for agricultural land expropriation is 35,354 yuan/mu (the unified annual output value is 1.600 yuan/mu, the land compensation multiple is 7, and the resettlement compensation multiple is14); The compensation standard for land requisition for construction land and unused land is 17600 yuan/mu (unified annual output value is 1600 yuan/mu, land compensation multiple is 5, and resettlement compensation multiple is 6). Applicable areas: Zhaoji Town, Wangdian Township, Huilong Township, Chaiji Town, Xincun Town, Santa Town, Tianji Town, Miaoji Town, Liugou Town, Zhuzhai Town, Jiaopi Town, Xutang Town, Rebecca Town, Duanying Town, Zhonggang Town, Huanggang Town, Zhangzhai Town, Dizhen Town, Wanghua Town and Arch Bridge Town.

Yingshang County:

The first category: the compensation standard for agricultural land expropriation is 38,400 yuan/mu (unified annual output value 1600 yuan/mu, land compensation multiple is 8, and resettlement compensation multiple is16); The land requisition compensation standard for construction land and unused land is 27,200 yuan/mu (unified annual output value 1.600 yuan/mu, land compensation multiple of 6, resettlement compensation multiple of 1). Applicable areas: Shencheng Town, Jiangkou Town, Chenqiao Town, Digou Town, Gucheng Township and Xieqiao Town.

The second category: the compensation standard for agricultural land expropriation is 34 100 yuan/mu (unified annual output value is 1550 yuan/mu, land compensation multiple is 7, and resettlement compensation multiple is15); The land requisition compensation standard for construction land and unused land is 23,250 yuan/mu (unified annual output value 1.550 yuan/mu, land compensation multiple of 6 and resettlement compensation multiple of 9). Applicable areas: Nanzhao Town, Herun Town, Balihe Town, Xiaqiao Town and huangqiao town.

The third category: the compensation standard for agricultural land expropriation is 33,660 yuan/mu (the unified annual output value is 1.530 yuan/mu, the land compensation multiple is 7, and the resettlement compensation multiple is15); The land requisition compensation standard for construction land and unused land is 22,950 yuan/mu (unified annual output value 1530 yuan/mu, land compensation multiple of 6 and resettlement compensation multiple of 9). Applicable areas: Jiangdianzi Town, Liuji Township, Tangsheng Township, Bangang Town, Guantun Township and Ba Huang Township.

The fourth category: the compensation standard for agricultural land expropriation is 33,440 yuan/mu (the unified annual output value is 1.520 yuan/mu, the land compensation multiple is 7, and the resettlement compensation multiple is15); The land requisition compensation standard for construction land and unused land is 22,800 yuan/mu (unified annual output value 1520 yuan/mu, land compensation multiple of 6 and resettlement compensation multiple of 9). Applicable area: other areas.

Second, social evaluation.

"Because the land compensation fee is the compensation for the loss of collective land ownership, not the collective income, the beneficiary should be all members within the collective economic organization. Members of collective economic organizations receive land compensation fees based on their collective membership. It has nothing to do with the individual labor and contribution of members of collective economic organizations, so there is no so-called equality of rights and obligations in income distribution. At the same time, considering the expropriation of collective land, when the ownership of collective land disappears, the contractual management right on the land will also disappear. Although the contractor can obtain the above-ground attachments and young crops subsidies, subsidies and compensation for land investment appreciation according to law, these are the compensation due to the actual losses of the contractor. The loss of land contractual management right will directly affect the contractor's future living security and economic income. Therefore, the distribution of land compensation fees should be mainly used to compensate the land-expropriated contractors. However, in real life, a large number of differential treatment practices based on gender discrimination violate the principle of equality of members of collective economic organizations and infringe on the legitimate rights and interests of members of collective economic organizations. Therefore, as long as they are legal members of collective economic organizations, they should get the corresponding share of land compensation fees.

Legal basis:

Land Management Law of the People's Republic of China

Article 47 If the land is expropriated by the state, it shall be announced and implemented by the local people's government at or above the county level after being approved in accordance with legal procedures.

Where the local people's government at or above the county level intends to apply for land expropriation, it shall carry out investigation on the current situation of the expropriated land and assess the risk of social stability, and announce the scope of expropriation, the current situation of the land, the purpose of expropriation, compensation standards, resettlement methods and social security within the township (town), village and villagers' group where the expropriated land is located for at least 30 days, and listen to the opinions of rural collective economic organizations and their members, villagers' committees and other interested parties.

If most members of the rural collective economic organizations whose land has been expropriated think that the compensation and resettlement scheme for land expropriation does not conform to the provisions of laws and regulations, the local people's governments at or above the county level shall organize a hearing and modify the scheme according to the laws and regulations and the hearing.

The owner and user of the expropriated land shall, within the time limit stipulated in the announcement, apply for compensation registration with the certificate of real estate ownership. The local people's governments at or above the county level shall organize the relevant departments to calculate and implement the relevant expenses, ensure that the full amount is in place, and sign compensation and resettlement agreements with the owners and users of the expropriated land; If it is really difficult for individuals to reach an agreement, they shall truthfully explain it when applying for land acquisition.

After the relevant preliminary work is completed, the local people's governments at or above the county level may apply for land acquisition.