What is the compensation standard for land acquisition in Bijie City?
Land expropriation is generally carried out by the government because of project construction. So what is the compensation standard for land acquisition in Bijie City? Land requisition compensation is divided into various standards for various types of land. If it is agricultural land, the compensation amount is less than the residential land. 1. Bijie City Land Acquisition Compensation Standard Article 11 The land acquisition plan shall be prepared by the land administrative department of the Municipal People's Government in accordance with the relevant provisions of the state. After being approved according to law, the Municipal People's Government shall announce the land acquisition authority, approval number, land acquisition location, use, scope and area, and the place and time limit for land acquisition compensation registration, and organize the implementation. Twelfth rural collective economic organizations and farmers whose land is expropriated shall not rush to plant crops or change the land use within the scope of land expropriation. Crops planted in a hurry will not be compensated. If the land use is changed, compensation will be made according to the land use before the change. Thirteenth in the period of land acquisition, public security, industry and commerce, real estate, planning and other relevant departments should suspend registered permanent residence to move in, separate households, issue business licenses and housing renovation, expansion, mortgage, lease, sale and other related procedures. During the period of land acquisition, if it is really necessary to enter or separate households due to the birth, marriage and demobilization of soldiers, it shall be handled by the public security organ after verification by the land management department. Article 14 The owner and user of the expropriated land shall register with the land management department designated by the announcement with the land ownership certificate within the time limit specified in the announcement. If there are buildings (structures) on the expropriated land, legal documents concerning the buildings (structures) shall also be provided. Fifteenth land administrative departments shall, according to the approved land acquisition plan, jointly with the relevant departments, formulate compensation and resettlement plans, make an announcement in the land-expropriated townships (towns, offices), villages and groups, and listen to the opinions of rural collective economic organizations and farmers. Sixteenth of the land expropriation compensation standards are controversial, coordinated by the Municipal People's government; If the coordination fails, it shall be decided by the Municipal People's Government that approved the requisition of land. The dispute over land requisition compensation and resettlement does not affect the implementation of land requisition plan. Seventeenth land acquisition compensation should be paid in full within 3 months from the date of approval of the land acquisition compensation and resettlement plan. Refuse to receive land acquisition compensation, the land administrative department shall store the land acquisition compensation in the name of the expropriated land. Rural collective economic organizations and farmers whose land has been expropriated shall hand over their land within the time limit stipulated in the land expropriation compensation and resettlement plan. Eighteenth any unit or individual shall not occupy or misappropriate the land acquisition compensation and other expenses of the rural collective economic organizations and farmers whose land has been expropriated. Land acquisition compensation includes the comprehensive compensation standard of unified annual output value of land acquisition (comprehensive land price compensation standard) and the compensation fee for young crops and ground attachments. Twentieth land acquisition compensation land compensation fees paid to rural collective economic organizations or villagers' committees for safekeeping. With the consent of the villagers' meeting, rural collective economic organizations or villagers' committees can make unified arrangements for the use of land compensation fees to develop production and solve farmers' lives; The expropriated land belongs to farmers' contracted land or private plots. With the consent of more than two-thirds of the members of the villagers' meeting or more than two-thirds of the villagers' representatives, the rural collective economic organizations or villagers' committees may transfer other land to the expropriated farmers, but if the quality and quantity are not equal, they may give reasonable compensation to the expropriated farmers. If the rural collective economic organizations or villagers' committees fail to adjust other land to farmers and solve their livelihood, they shall pay no less than 80% of the land compensation fee to the expropriated farmers in one lump sum. Rural collective economic organizations or villagers' committees shall set up special accounts to manage the land compensation fees obtained in accordance with the provisions of the preceding paragraph for the development of production and the living allowance for landless farmers. The use of land compensation fees shall be decided by the members of collective economic organizations or villagers' committees whose land has been expropriated, and the income and expenditure shall be announced at least once every six months, subject to the supervision of members of collective economic organizations or villagers. It is forbidden for any unit or individual to intercept, misappropriate, occupy or illegally use land compensation fees in other forms. The land compensation fee in the comprehensive land price area is calculated at 40% of the comprehensive land price compensation standard (the unused land is calculated at 100%). Twenty-first young crops and ground attachments compensation. (a) there are young crops on the expropriated land, and compensation shall be given according to the standards stipulated in these measures (see the annex to these measures). (2) Buildings (structures), trees, etc. On the expropriated land, compensation shall be given according to the relevant provisions of these measures (see the annex to these measures). If there are no provisions in these measures, compensation shall be given according to the standards agreed by both parties; There are no provisions in these measures. If the agreement fails, it shall be determined by the Municipal People's Government according to the actual loss value. (three) after the announcement of land requisition, the crops, trees or facilities on the expropriated land will not be compensated. Twenty-second houses on expropriated land, the identification of their property rights, area, structure, nature of use and construction period, are based on legal documents such as land use right certificates before the announcement of land expropriation. Twenty-third demolition of illegal buildings and temporary buildings that are unconditionally demolished when there are legal documents indicating the need of national construction will not be compensated. Twenty-fourth due to the needs of national construction, the recovery of state-owned land lent to rural collective economic organizations for farming, only compensation for young crops. Where a land loan agreement is signed, it shall be performed in accordance with the agreement. Article 25 For temporary use of collective land, land users shall sign temporary land use contracts with relevant land administrative departments or rural collective economic organizations and villagers' committees, and make compensation year by year after deducting the input cost of farming management in accordance with the contract or with reference to the unified annual output value standard. After the expiration of the term of temporary land use, if the land is destroyed, the land user shall be responsible for reclamation. If there are no conditions for reclamation, land reclamation fees shall be paid to be used exclusively for land reclamation. Twenty-sixth graves within the scope of land acquisition shall be moved in accordance with the relevant laws and regulations of the state. Should be compensated, according to the provisions of the standard of compensation. The owner of the tomb should move the tomb by himself within the time limit stipulated in the announcement [1]; Fails to move, as the main grave, by the land administrative departments of the Municipal People's government in conjunction with the relevant departments. Twenty-seventh large and medium-sized water conservancy and hydropower projects land acquisition compensation standards and resettlement measures, in accordance with the the State Council "large and medium-sized water conservancy and hydropower project construction land acquisition compensation and resettlement regulations" and the relevant provisions of the provincial government. Twenty-eighth after the expropriation of land, resettlement subsidies can be paid to individuals or with the consent of the resettlement personnel to pay for the pension, unemployment, medical insurance and other expenses of the resettlement personnel. The regional resettlement subsidy with comprehensive land price is calculated at 60% of the comprehensive land price compensation standard (there is no resettlement subsidy for unused land). Twenty-ninth houses that need to be rebuilt must conform to the overall land use planning and urban and rural planning. Shall not exceed the relevant provisions of the "Regulations on Land Management in Guizhou Province". Thirtieth relocated households to apply for housing land must be handled in accordance with the relevant provisions, in any of the following circumstances, no reconstruction land will be arranged. (a) the property owner has another homestead in other places that meets the prescribed land area standard; (two) after the announcement of land acquisition and the determination of the scope of house demolition, the use of various relationships to move accounts and surprise households; (3) Having neither contracted land nor housing; (four) illegal occupation of land to build buildings. Chapter IV Legal Liability Article 31 If land acquisition activities are carried out in violation of laws, regulations, rules and these Measures, the land acquisition activities are invalid, and those that have been developed and constructed shall be investigated and dealt with according to law. Thirty-second embezzlement, misappropriation of rural collective economic organizations and farmers land acquisition compensation, suspected of committing a crime, shall be handed over to judicial organs for criminal responsibility according to law, if it does not constitute a crime, administrative sanctions shall be imposed according to law. Thirty-third land acquisition plan announced and paid in accordance with the provisions of the land acquisition compensation, the land expropriated refused to hand over the land, the land administrative department shall order the land to be handed over within a 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 hinder the land management department staff to perform official duties according to law, shall be punished by the public security organs in accordance with the "People's Republic of China (PRC) public security management punishment law". Anyone suspected of committing a crime shall be transferred to judicial organs for criminal responsibility according to law. Thirty-fifth land administrative departments staff dereliction of duty, abuse of power, corruption, shall be given administrative sanctions. Anyone suspected of committing a crime shall be transferred to judicial organs for criminal responsibility according to law. Chapter V Supplementary Provisions Article 36 Compensation and resettlement for the use of state-owned agricultural land, township (town, office) and village public facilities, and the use of collectively owned land other than collective economic organizations for public welfare undertakings may be implemented with reference to these measures. Article 37 According to the Land Management Law of the People's Republic of China, the Regulations on Land Management in Guizhou Province, the Measures for the Administration of Compensation for Forest Land Expropriation in Guizhou Province, the Reply of the People's Government of Guizhou Province on the Unified Annual Output Standard of Land Expropriation in Guizhou Province and the Achievements of Regional Comprehensive Land Price Expropriation (Qian Fu Han [2009] No.255), and in combination with the price indexes of related products and services in our city, various types of land compensation young crops and ground attachments are formulated. Article 38 These Measures shall be implemented as of 2065438+654381October 00+65438 (all land acquisition projects shall continue to be implemented according to the original land acquisition compensation standards), and the original government document [2008] No.39 shall be abolished at the same time. Land expropriation compensation editor "Land expropriation compensation refers to the fair compensation given to the owner of the expropriated house (hereinafter referred to as the expropriated person) by the house expropriation department itself or by entrusting the house expropriation implementation unit in accordance with the provisions of the compensation standard for house demolition of collective land and state-owned land in China." Compensation expense item 1. Land compensation fee is the economic compensation given by the land-using unit to the rural collective economic organizations whose land has been expropriated according to law for the economic losses caused by land expropriation. 2. Young crops compensation fee The compensation fee paid by the land-using unit to the units and individuals planting young crops for young crops damage caused by land requisition. 3. Compensation fee for attachments. If the attachments such as houses and other facilities on the expropriated land are damaged due to expropriation, the land-using unit shall pay the compensation fee to the expropriated person. 4 resettlement subsidies, as well as compensation fees paid by land units for the resettlement of surplus labor generated by land acquisition. The compensation standard is 1, and the specific standard and amount of various land acquisition compensation expenses are stipulated in the land acquisition compensation and resettlement plan approved by the municipal and county governments according to law. 2. Determination of the average annual output value in the three years before land acquisition (compensation standard of land compensation fee and resettlement subsidy): the annual statistical report of the most basic unit approved by the local statistical department and the unit price approved by the price department shall prevail. 3, according to the provisions of the payment of land compensation fees, resettlement subsidies can not make the farmers who need to be resettled to maintain their original living standards, you can increase the resettlement subsidies. The original land compensation fee and resettlement subsidy shall not exceed 30 times of the average annual output value in the three years before land acquisition, which was deleted from the Land Management Law on March 26th, 2065438+03 [2]. Compensation management compensation fee shall be treated as 1 after it is collected by the land-expropriated unit. Land compensation fees at the place where the collective is located, resettlement subsidies, young crops compensation fees and ground attachments compensation fees that should be paid to the collective according to law shall be managed and used by the land-expropriated units. 2. Young crops compensation fee and attachments compensation fee belong to the owners of young crops and attachments. 3. Ownership and use of resettlement subsidies: (1) If resettlement subsidies are provided by rural collective economic organizations, they shall be paid to the rural collective economic organizations for management and use. (2) if it is placed by other units, it shall be paid to the placement unit. (3) If there is no need for unified resettlement, with the consent of the resettlement personnel, it shall be paid to the individual resettlement personnel or used to pay the insurance premium for the resettlement personnel. Distribution method of the use income of collectively owned compensation expenses: 1. Set up special deposit accounts in local financial institutions. 2, the use of public, accept the supervision of the villagers. 3, the distribution method by the villagers' meeting or the villagers' representative meeting by more than half, reported to the township government for the record. Compensation dispute 1. Disputes over compensation standards shall first be settled by governments at or above the county level through coordination. If the coordination fails, it shall be decided by the people's government that approved the land acquisition. 2. The dispute over the allocation of compensation expenses is essentially a civil dispute. The parties are village committees or rural collective economies and villagers, and the parties can solve them through civil litigation. 3. The dispute over land acquisition information disclosure belongs to administrative disputes, and the parties can solve it through administrative reconsideration and administrative litigation. What is the compensation standard for land acquisition in Bijie City? The compensation for land expropriation must be given to the obligee, and the land use right belongs to the individual farmers. However, because the government wants to build a project, if there is a situation of compulsory collection and arbitrary charges, the parties can complain to the relevant departments.