You can also ask a lawyer for help, because there are too many laws and regulations and land acquisition involves a lot of money. If necessary, please log in/have a professional team of lawyers to serve you.
Words are limited, so I can only write down the provisions of the Measures for Compensation and Resettlement for Land Expropriation in Pengzhou (Trial):
Chapter I General Principles
Article 1 In order to effectively ensure the timely arrival of land for construction projects and the smooth progress of land acquisition, and safeguard the legitimate rights and interests of land-expropriated units and individuals, in accordance with the Land Administration Law of the People's Republic of China, the Regulations for the Implementation of the Land Administration Law of the People's Republic of China and the Regulations of Sichuan Province,
Article 2 These Measures shall apply to the compensation, personnel placement and house demolition and resettlement for the expropriation of land collectively owned by farmers within the administrative area of Pengzhou City.
Third land acquisition compensation and resettlement work under the leadership of the Municipal People's government, the municipal land administrative department is responsible for the implementation.
City planning, labor, civil affairs, public security, food, planning and other relevant administrative departments shall, in accordance with their respective responsibilities, cooperate with the municipal land administrative departments to do a good job in land acquisition.
Township people's governments should assist in land acquisition compensation and resettlement.
Article 4 After the requisition of land is approved according to law and the parties concerned get compensation and resettlement according to law, the municipal land administrative department shall issue a notice of land delivery to the land-expropriated unit, which shall deliver the land within the time limit specified in the notice and shall not refuse or obstruct it.
Chapter II Compensation for Land Requisition
Article 5 After the land acquisition plan is approved according to law and announced, the owners and users of the expropriated land shall, within the time limit stipulated in the announcement, go to the municipal land administrative department and the Township People's government to organize the compensation registration for land acquisition and demolition with the certificate of land ownership.
City land administrative departments shall, according to the approved land acquisition plan, jointly with the relevant departments, formulate land acquisition compensation and personnel placement plans, and make an announcement in the towns where the land is expropriated, and listen to the opinions of rural collective economic organizations and farmers whose land is expropriated. After the land requisition compensation and personnel placement plan is approved according to law, it shall be organized and implemented by the municipal land administrative department.
Disputes over land requisition compensation and personnel placement do not affect the implementation of land requisition plan.
Article 6 Land compensation fees, resettlement subsidies, young crops compensation fees and ground attachments compensation fees that should be paid according to law for land requisition shall be implemented in accordance with the provisions of the Land Administration Law of the People's Republic of China and the Land Administration Law of Sichuan Province.
The sum of cultivated land compensation fee, resettlement fee and young crops compensation fee shall not exceed 30,000 yuan per mu, and young crops compensation fee shall not exceed 1 10,000 yuan per mu (non-cultivated land shall not be compensated). See attachment 1 for details.
Seventh unauthorized occupation of cultivated land to plant flowers and trees, according to the compensation standard of cultivated land, the compensation fee is calculated.
Scattered trees and approved planting professional households shall be implemented according to the prescribed standards. See annexes II and III for details.
Ancient and famous trees with signs shall be implemented in accordance with the relevant provisions of the Regulations of Chengdu Municipality on the Administration of Ancient and Famous Trees.
Eighth any of the following circumstances, no compensation:
(a) buildings (structures) without land ownership certificates and other legal warrants;
(2) Crops, economic trees and buildings (structures) planted since the date of field survey and demarcation;
(three) buildings (structures) on temporary land (including land occupation) that have exceeded the approved use period or have been used for more than two years although the use period has not been determined;
(4) Buildings (structures) built by illegally occupying land.
Ninth water, electricity and gas facilities of land-expropriated units shall be compensated according to the actual installation costs.
Cable broadcasting lines, closed-circuit television lines, communication lines, power supply lines and natural gas installation shall be compensated according to the actual relocation and installation costs. Telephone relocation should be compensated according to the relocation fee standard stipulated by the telecommunications department.
After the land is requisitioned, the roads and water conservancy facilities that need to be reserved according to the planning shall be restored by the land acquisition unit, and compensation shall be given as appropriate if they cannot be restored.
Tenth land acquisition involves the demolition of buildings (structures) with land ownership certificates and other legal warrants, and compensation shall be given according to the standards stipulated in these Measures. Relocation losses, handling fees and relocation expenses of hydropower facilities involved in enterprise relocation shall be paid by the land acquisition unit according to the standard of 5%- 10% of the total compensation for enterprises' buildings (structures).
Eleventh land acquisition compensation subsidies shall be paid in full within three months from the date of approval of the land acquisition compensation and resettlement plan, and shall be managed and used in accordance with the following provisions;
(1) If the land of rural collective economic organizations is requisitioned according to law and the agricultural population is resettled, the land compensation fee and resettlement subsidy shall be used by the land-expropriated unit and the local township people's government for the resettlement of the people after land expropriation; The property of the former rural collective economic organizations shall be registered and published to farmers. Land-expropriated units and their superior organizations or township people's governments are responsible for handling the property and creditor's rights and debts involved.
(two) the land of rural collective economic organizations has been partially requisitioned according to law, and the personnel who need to be resettled shall be resettled by the land-expropriated units. Pay land compensation fees to the land-expropriated units for the development of production, arrange employment for surplus labor, and give living allowances to those who cannot find employment due to land expropriation. Its use shall be decided by the villagers' committee or the villagers' representative meeting, and shall be implemented after being approved by the Township People's Government. Resettlement subsidies are paid to the land-expropriated units, which are managed and used by the land-expropriated units.
(3) If the land of rural collective economic organizations is requisitioned in part according to law, and the people who need to be resettled are resettled by the land requisition unit, the land compensation fee and resettlement subsidy shall be paid to the resettled people or to the resettlement unit, or be used as the insurance premium of the resettled people with the consent of the resettled people.
(4) Compensation fees for ground attachments and young crops shall be paid to the owners of ground attachments and young crops.
No unit or individual may privately divide, transfer, misappropriate or intercept land acquisition compensation, resettlement subsidies and other expenses related to land acquisition.
Chapter III Personnel Placement
Twelfth rural collective economic organizations of cultivated land is expropriated according to law, the rural collective economic organizations should be revoked according to law, and all the original agricultural registered permanent residence into non agricultural registered permanent residence; If the land is not completely expropriated, the number of people transferred from rural areas to non-rural areas will be divided by the per capita cultivated land before land expropriation, and the number of people who need to be resettled will be determined according to the average cultivated land of each labor force.
The age of farmers is calculated according to the actual age on the date of the announcement of the land acquisition plan approved according to law.
Thirteenth rural residents with permanent residence within the scope of land acquisition, men over 18 years of age but under 60 years of age, women over 18 years of age but under 50 years of age, who can persist in participating in productive labor all the year round, are rural non-labor resettlement targets.
Fourteenth for the resettlement of migrant workers, the implementation of self-employment, monetary resettlement and other measures.
If the resettlement object is self-employed, the land acquisition unit and the Township People's Government shall pay the land compensation fee and resettlement subsidy of 1 10,000 yuan per person to the resettlement object.
Fifteenth men over 60 years of age, women over 50 years of age, for rural resettlement. Early retirement resettlement object, by the land acquisition unit and the Township People's government will be * * * 8000 yuan per person of land compensation and resettlement subsidies paid to individuals in one lump sum.
Sixteenth/kloc-people under the age of 0/8 will be given a one-time living allowance of 6000 yuan by the land acquisition unit and the township people's government where the land is expropriated.
Seventeenth from the date of publication of the land acquisition plan approved according to law, new immigrants shall not be resettled except those who are married and have children according to law.
For the "rotation workers" who have gone through the formalities of early retirement and returned to their hometowns, if they belong to the scope of urbanization, they will only urbanize their accounts and will no longer be resettled according to the provisions of this chapter.
Article 18. Land-expropriated units and township people's governments will allocate land compensation fees and resettlement subsidies to the Civil Affairs Bureau at one time, and the civil affairs departments will make resettlement according to regulations.
Article 19 Servicemen whose original registered permanent residence is within the scope of land acquisition shall be paid the land compensation fee and resettlement subsidy to the Civil Affairs Bureau in one lump sum by the land acquisition unit and the people's government of the township where they are located, and shall be resettled by the civil affairs department where their registered permanent residence is located according to the regulations after being discharged from the army.
Article 20 The land acquisition unit shall allocate the land compensation fee and resettlement subsidy to the local township people's government in one lump sum for the persons whose registered residence is serving their sentences and reeducation through labor within the scope of land acquisition, and the local township people's government shall resettle them in accordance with the regulations after their sentences are released or reeducation through labor is lifted.
Chapter IV Housing Demolition and Resettlement
Twenty-first on the day of the announcement of the land acquisition plan approved according to law, the householders who hold the "House Ownership Certificate" and "Personal Construction Land Permit" are the objects of house demolition and resettlement.
Twenty-second demolition of landless farmers, by the land acquisition unit in conjunction with the Township People's government according to the overall land use planning and the planning of villages and towns to determine the residential area, in accordance with the "Sichuan Province"
Chapter V Legal Liability
Twenty-third in violation of the provisions of these measures, constitute a violation of the land management law of the people's Republic of China, the implementation regulations of the land management law of the people's Republic of China and Sichuan Province
Twenty-fourth land expropriation, compensation and resettlement according to law, if the parties refuse to move, the municipal land administrative department shall order them to move within a time limit; Fails to move, with the approval of the Municipal People's government, the implementation of compulsory relocation. If the resettlement compensation fee is not received within the time limit, the municipal land administrative department shall pay the resettlement compensation fee to the special account of the local township people's government for storage.
Twenty-fifth if a party refuses to accept specific administrative acts such as administrative punishment or compulsory measures, it may apply for administrative reconsideration or bring an administrative lawsuit according to law.
Twenty-sixth city land administrative departments staff dereliction of duty, abuse of power, corruption, which constitutes a crime, shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be given administrative sanctions in accordance with relevant regulations.
Chapter VI Supplementary Provisions
Twenty-seventh national key construction projects and provincial and municipal people's governments have other provisions on land acquisition compensation and resettlement standards, from which provisions.
Twenty-eighth problems in the specific application of these measures shall be interpreted by the municipal land administrative department. Before the promulgation and implementation of these measures, the land acquisition projects that have gone through the land acquisition procedures but have not completed the compensation for land acquisition and demolition, the land acquisition projects that have gone through the land acquisition procedures but have not settled the compensation fees, and the land acquisition projects that have gone through the land acquisition procedures but have not paid the resettlement fees according to the provisions, are still implemented according to the land acquisition compensation standards stipulated in the original Order No.4 of Pengzhou Municipal People's Government.
Article 29 These Measures shall come into force as of the date of promulgation.
Annex I: Land compensation fee, young crop compensation fee and resettlement subsidy standard;
Annex II: Compensation standard for above-ground attachments;
Annex III: Compensation standard for planting professional households.
Annex I:
Land compensation standard
Type Compensation Standard (RMB/mu) Remarks
Cultivated land 4800.00- 1 1600.00 The average annual output value per mu in the three years before the cultivated land was requisitioned was 800- 1 160 yuan, and the compensation was 6- 10 times.
Other land 2400.00-5800.00 is compensated by half according to the compensation standard of cultivated land.
Young crop compensation standard: 600.00- 1000.00/ mu.
Resettlement subsidy standard
Category Compensation Standard (RMB/mu) Remarks
Cultivated land 8000.00- 17400.00 The average annual output value per mu in the three years before the cultivated land is requisitioned is 800- 1 160 yuan.
Compensation 10- 15 times
Other land 4000.00-8700.00 shall be compensated by half according to the cultivated land compensation standard.
Annex II:
Compensation standard for above-ground attachments
Category Unit Specification Standard (RMB) Bonus Remarks
0.30 the compensation for removing the sharp branches of bamboo Jin is twice as much.
The compensation for 1.00 is Cortex Phellodendri, Eucommiae Cortex, Cinnamomum camphora, Nanmu, etc. Whoever has a root smaller than φ 3 cm will double it.
φ 3-5cm 5.00
φ 5 φ5- 10/0cm 10.00
φ10-20cm 20.00
φ30.00 or more φ20 cm
170.00 30.00 "Bonus" refers to the reward given to demolish all buildings within the specified time when the demolition agreement is signed. No compensation for interior decoration.
Xiaoqing tile house 1 10.00 30.00
Cement tile house 80.00 20.00
Straw house 80.00 20.00
Simple shed 30.00 10.00
Screen dam m2 concrete 10.00
Concrete 5.00
Brick wall with square meter fence is 20.00.
Grounding fence 10.00
Focus eye general focus 30.00
Ceramic tile stove 50.00
Manual well digging at wellhead
(Drinking water) above 200.00 1 m 10 yuan.
Steel tube well 100.00
Brick-concrete biogas digester mouth 200.00
Wastewater tank 100.00
Tomb base soil, pottery 40.00
30.00 cubic meters of brick-concrete septic tank
Concrete 15.00
Simple swimming pool 10.00
Floor tile square meter colored brick 10.00-30.00
Square meters of bamboo board, cardboard and plastic 10.00
Gypsum and board 30.00
Exterior wall brick square meter steel brick 25.00
Ceramic tile 15.00
Mosaic 10.00
Terrazzo floor tile 7.00 square meters
Glazed tile square meter 35.00
80.00 barrels of cubic meters of brick-concrete water tower will not be compensated (for relocation).
Cubic brick of water pool 10.00
Ditch rice brick 3.00
Ceramic toilet 60.00
The water meter only needs 30 yuan.
The meter is only 20.00.
A brick chopping block 5.00
Laundry brick 5.00
2000-2500 mu of masonry slurry in fish ponds.
Tutang 1000- 1500
Note: 1, flower beds are included in the area of the solar dam, and compensation is made according to the standard of the solar dam, and tiles are counted separately; 2. The gantry is calculated by length by width, the compensation standard is calculated by buildings, small blue tiles and cement tiles, and the outer wall tiles are counted separately; 3, cable TV, telephone migration according to the standards stipulated by the radio, television and telecommunications departments at that time. 4, water meter, electricity meter must have a certificate to give compensation. 5. All attachments on the ground that can be moved as a whole will not be compensated.
Annex III:
Compensation standard for planting professional households
Category and specification, reasonable planting quantity (plant/mu), standard (yuan/mu), remarks
If the grapes with 400-450 and 2000-4000 full fruits are lower than the reasonable planting amount, compensation shall be made according to the converted area of trees; The part exceeding the reasonable planting amount per mu will not be compensated.
Melon 1500-2000
Temple 1000- 1500
Seedling 800-900 600- 1000
Fruit tree 100-200 4000-5000
Melon 3000-4000
Temple 1500-2500
Seedling 400-450 800- 1000