Expert statement: Zhao Jian lawyer
(I) land acquisition compensation
1, the expropriation of arable land compensation standards
Dry land compensation of an average of 13,000 yuan per mu.
The average compensation for paddy fields is 20,000 yuan per mu.
The average compensation for vegetable fields is 30,000 yuan per mu.
2. Compensation standards for expropriation of basic farmland
Average compensation of 17,600 yuan per mu for dry fields.
The average compensation for paddy fields is 26,400 yuan per mu.
Vegetable fields are compensated an average of 44,000 yuan per mu.
3. The average compensation for expropriation of forest land and other agricultural land is 0.64 million yuan per mu.
4. The average compensation for expropriation of industrial and mining construction land, villagers' residences, roads and other collective construction land is 0.72 million yuan per mu.
5, expropriation of vacant land, barren mountains, barren land, barren beaches, barren ditches and unutilized land average compensation of 0.16 million yuan per mu.
(2) Other Taxes and Fees
1. Occupation tax for land preparation is calculated at 2 yuan per square meter.
2. Commercial vegetable land development and construction fund, calculated at 10,000 yuan per mu.
3, land acquisition management fee, calculated at 3% of the total cost of land acquisition. It is used by the land and resources department in strict accordance with the relevant regulations.
4. The land preparation and replenishment balance of land creation fee, an average of 4,000 yuan per mu, co-ordination and transfer of the use of the provincial Department of Land and Resources is responsible for supervision and acceptance.
(C), land acquisition procedures
1, inform the land acquisition. Before the land acquisition is submitted for approval in accordance with the law, the local land and resources department shall inform the rural collective economic organizations and farmers of the land to be acquired in writing of the purpose, location, compensation standards, and resettlement paths of the land to be acquired. After the notification, any ground attachments and seedlings planted, planted or built by the requisitioned rural collective economic organizations and farmers on the land to be requisitioned shall not be compensated when the land is requisitioned.
2. Confirmation of the results of the land acquisition survey. Land and resources departments in conjunction with the transportation and forestry departments, the ownership of the land to be expropriated, land type, area, and the ownership of the ground attachments, types, number and other status of the survey, the results of the survey should be with the expropriated rural collective economic organizations, farmers and ground attachments to property rights of the owners, the municipal relocation office **** with the confirmation.
3, the organization of land acquisition hearing. In the requisition of land according to law before the approval, the land and resources department shall inform the requisitioned rural collective economic organizations and farmers, the proposed requisition of land compensation standards, resettlement way to apply for the right to a hearing. If the parties concerned apply for a hearing, the hearing shall be organized in accordance with the procedures and relevant requirements stipulated in the Provisions on Land and Resources Hearing.
4. Signing of land acquisition compensation agreement. The land and resources department shall, in accordance with the compensation standards formulated in this program, sign the land acquisition compensation agreement with the requisitioned rural collective economic organizations and individual farmers, and report the agreement as a requisition of land as a mandatory part of the land requisition report with the requisition of land volume together.
5, the public expropriation approval matters. Approved by law to expropriation of land, in addition to the state confidentiality provisions and other special circumstances, the provincial land and resources department through the media to publicize the expropriation of land approval matters. The county (city) land and resource departments shall, in accordance with the provisions of the Measures for Publicizing Expropriation of Land, publicize the land acquisition approval matters in the villages and groups where the expropriated land is located.
6. Payment of compensation and resettlement fees for land expropriation. The compensation and resettlement plan for land expropriation shall be approved by the municipal and county governments, and the compensation and resettlement fees for land expropriation shall be paid on time to the rural collective economic organizations of the expropriated land in accordance with the time limit prescribed by law. The local land and resources department shall supervise the distribution and use of land requisition compensation and resettlement fees within the requisitioned land collective organization in cooperation with the relevant departments of agriculture and civil affairs.
(4) Compensation standards for houses and above-ground objects
1. Compensation standards for houses
Buildings (above the second floor) are compensated at 650 yuan per square meter.
Pounding (pre)-made brick concrete structure houses are compensated 550 yuan per square meter.
Brick and tile houses are compensated 400 yuan per square meter.
Flat (grass) houses are compensated 300 yuan per square meter.
2. Compensation standards for other aboveground (below) attachments
The barn is compensated 120 yuan per square meter.
Outdoor cement flooring compensation per square meter 25 yuan.
Biogas digesters are compensated 400 yuan each.
Toilets are compensated 50-100 yuan per square meter.
Pig and chicken coops are compensated 50-100 yuan per square meter.
Plastic greenhouses are compensated 25-30 yuan per square meter.
Vegetable cellars are compensated 50-130 yuan per square meter.
Masonry walls are compensated 50 yuan per extended meter.
Grids (including craft grid fences) are compensated 150 yuan per extended meter.
Great gate buildings are compensated 400 yuan each.
Drinking water wells (including pressurized water equipment) are compensated 1,000 yuan each.
Farm drainage and irrigation wells (including pumping equipment) are compensated 2,000 yuan each.
Drainage and irrigation wells (including equipment) compensation of 10,000 yuan per eye.
Drainage pipes (plastic pipes, cast iron) are compensated 10-30 yuan per extended meter.
The subsidy for telephone removal is 200 yuan per household.
Cable TV relocation subsidy is 300 yuan per household.
The compensation for graves is 300 yuan per grave.
3. The subsidy for relocation (including residential land, supporting facilities, rental fees, etc.) is 6,000 yuan per household.
(E), expropriation of forest compensation standards
1, forest compensation standards
(1) poplar, willow, elm, acacia tree forest compensation fee
1-3 years average compensation of 1200 yuan per mu;
4-13 years average compensation of 1800 yuan per mu -3,600 yuan;
14-20 years average compensation of 3,000-1,800 yuan per mu;
21 years and above average compensation of 1,200 yuan per mu.
(2) Compensation for Quercus serrata forest trees
1-3 years average compensation of 1,200 yuan per mu;
4-20 years average compensation of 1,800-3,000 yuan per mu;
21-50 years average 4,400-6,000 yuan per mu;
Average of 2,400 yuan per mu for more than 51 years.
(3) Red Pine Timber Compensation Fees
1-3 years average compensation of 1200 yuan per acre;
4-20 years average compensation of 2000-3100 yuan per acre;
21-40 years average 4600-6200 yuan per mu;
41-70 years average 16800 yuan per mu;
71 years and above average 9600 yuan per mu.
(4) Compensation for larch trees
1-3 years average compensation of 1,200 yuan per mu;
4-20 years average compensation of 1,800-3,000 yuan per mu;
21-50 years Average compensation of 6000-2500 yuan per mu;
Average compensation of 1100 yuan per mu for more than 51 years.
2. Compensation standards for forest trees in front of and behind villagers' houses
General forest trees (poplar, willow, elm and acacia, etc.)
Juvenile forests (1-10 years old) are compensated at an average of 5-20 yuan per plant;
Medium-aged forests (11-20 years old) are compensated at an average of 22 -50 yuan;
Mature forests (over 21 years old) average 11 yuan per plant.
3. Forest Vegetation Restoration Fee
Timber forests, economic forests, fuel wood forests, and nursery land are 4,000 yuan per mu;
Unestablished forests are 2,667 yuan per mu;
Protection forests and special-purpose forests are 5,336 yuan per mu, and national key protection forests and special-purpose forests are 6,667 yuan per mu;
Thinning woodlands and shrublands are 2,000 yuan per mu. yuan;
1,334 yuan per mu for forestable land, logging sites, and fire sites.
4. 3% of the total vegetation restoration fee of the taut Zhongzhong glare ladle product searching poke value亍⒘帜竞蜕林植被恢复费.
(F), fruit tree compensation standards
1, apple trees
Cultivation period (1-5 years) average compensation of 5-90 yuan per plant;
Early fruiting period (6-8 years) average compensation of 90-210 yuan per plant;
Fruiting period (9-25 years) average compensation of 210-1200 yuan per plant;
Decaying fruiting period Above 26 years, the average compensation is 600 yuan per plant.
2. Pear trees
Cultivation period (1-5 years) average compensation of 5-45 yuan per plant;
Early fruiting period (6-8 years) average compensation of 45-144 yuan per plant;
Maximum fruiting period (9-25 years) average compensation of 144-1200 yuan per plant;
Decaying fruiting period of 26 years or more average compensation of 600 yuan per plant.
3. Peach trees
Cultivation period (1-3 years) average compensation of 5-45 yuan per plant;
Early fruiting period (4-8 years) average compensation of 45-144 yuan per plant;
Fruiting period (9-20 years) average compensation of 144-360 yuan per plant;
Decaying fruiting period of 21 years or more average compensation of 180 yuan per plant.
4, grapevine
Cultivation period (1-2 years) average compensation of 5-10 yuan per plant;
Early fruiting period (3-5 years) average compensation of 10-90 yuan per plant;
Fruiting period (6-11 years) average compensation of 90-110 yuan per plant;
Decaying fruiting period of more than 12 years average compensation of 80 yuan per plant.
5, jujube
Cultivation period (1-3 years) average compensation of 5-10 yuan per plant;
Early fruiting period (4-8 years) average compensation of 10-80 yuan per plant;
Fruiting period (9-30 years) average compensation of 80-650 yuan per plant;
Decaying fruiting period of 31 years or more average compensation of 320 yuan per plant.
6, chestnut
Cultivation period (1-4 years) average compensation of 5-10 yuan per plant;
Early fruiting period (5-7 years) average compensation of 10-180 yuan per plant;
Fruiting period (8-35 years) average compensation of 180-900 yuan per plant;
Decaying fruiting period of 36 years or more average compensation of 450 yuan per plant.
7. Miscellaneous Fruit Trees
Cultivation period (1-3 years) average compensation of 5-10 yuan per plant;
Early fruiting period (4-10 years) average compensation of 10-30 yuan per plant;
Fruiting period (11-25 years) average compensation of 30-80 yuan per plant;
Decaying fruiting period of 26 years or more average compensation of 40 yuan per plant.
(VII), electric power facilities relocation compensation standards
1, low-voltage line shift (0.4KV) compensation of 30,000 yuan per kilometer; line heightening wood poles an average of 1,000 yuan each, an average of 1,500 yuan per concrete poles (including the cost of gold, line, land occupation, taxes, etc.).
2, high-voltage line shift (10KV) compensation per kilometer 47,000 yuan; line heightening concrete single pole average 6,000 yuan per rod, concrete H pole average 8,000 yuan per base (including metal, line, land occupation, taxes and other costs).
3, high-voltage line heightening (66KV): concrete single pole average 5,500 yuan each, concrete H pole average 8,000 yuan per base, concrete A pole average 10,000 yuan per base, the tower average 100,000 yuan per base (including the cost of fittings, line, land occupation, taxes, etc.).
4, high-voltage line heightening (220KV or more): concrete double poles an average of 20,000 yuan per base, an average of 200,000 yuan per tower (including metal, line, land occupation, taxes and other costs).
(H), post and telecommunications facilities relocation compensation standards
1, telephone lines
Wooden poles on average 1000-2000 yuan each (including telephone line crossbar vase, etc.);
Concrete poles on average 1,500-3,000 yuan each (including telephone line crossbar vase, etc.).
2, aerial fiber optic (electric) cable
Wooden poles average 500 yuan each;
concrete poles average 1,000 yuan each;
fiber optic (electric) cable 50-150 yuan per meter.
3, underground cable
Cable, fiber optic cable 100-200 yuan per meter.
(IX), agricultural irrigation water conservancy facilities moving compensation standards
To take the principle of combining engineering repair and compensation, appropriate compensation at cost price.
1, small rural reservoirs
Reservoir water surface (irrigation and aquaculture both) compensation of 9,000 yuan per mu;
Reservoir water surface (irrigation) compensation of 6,000 yuan per mu;
Reservoir wasteland compensation of 100 yuan per mu.
2. Agricultural irrigation water conservancy facilities
Small gates (concrete structures) are compensated 5,000-10,000 yuan each;
Drainage and irrigation canal embankment dams are compensated 10 yuan per extended meter.
(10), the relocation of factories, mines, enterprises and institutions compensation standards
State-owned and collectively owned factories, mines, enterprises and institutions relocation, taking into account the actual loss of appropriate compensation. Office buildings with reference to the standard of civil relocation; plant and other production facilities according to the replacement of depreciation, with due consideration of the cost of loss of work stoppage and relocation.
(XI), construction and transportation road compensation standards
Where the project construction of designated rural transport roads, the construction unit is responsible for the repair and maintenance of the construction period, the completion of the project according to the compensation standards by the municipal organizations to repair.
Rural roads (asphalt pavement) depending on the difficulty of extraction, pavement width, compensation of 100,000-150,000 yuan per kilometer.
Rural roads (gravel road surface) compensation of 50,000 yuan per kilometer.
Village roads (dirt road surface) compensation of 20,000 yuan per kilometer
(XII), village roads and field work road compensation standards
Considering the production and living needs of the farmers, it is necessary to build the village road links and field work road, according to the compensation standards by the municipal organization.
Village road links (gravel road surface) compensation of 60,000 yuan per kilometer (including land acquisition costs, simple structures).
Village road connecting lines and field working roads are compensated 40,000 yuan per kilometer
(xiii) Unforeseeable fee for land acquisition and relocation
Calculated according to 5% of the total cost approved in the signed investment agreement for land acquisition and relocation compensation. The unforeseeable fee shall be used by the construction unit, mainly for the compensation for the expansion of land requisition and relocation of aboveground attachments triggered by engineering design changes;
compensation for unforeseeable relocation of underground structures not found in the engineering design and not included in the agreement on land requisition and relocation; and compensation for unforeseeable items due to national policy adjustments and irresistible seismic disaster, etc.
The unforeseeable items involving land requisition and relocation are calculated at 5% of the total cost approved in the investment agreement signed. Unforeseeable items involving land acquisition, by the provincial department of transportation and the provincial department of land and resources *** with the approval.
(xiv), the municipal relocation office management fee
accrued at 3% of the total cost approved in the investment agreement signed by the province and the city of relocation compensation.
The municipal relocation office is a temporary organization mainly responsible for the demolition and relocation of above-ground and underground attachments and local coordination of highway construction projects. Municipal relocation offices should be strictly in accordance with the relevant provisions of the package to use, shall not be overspent.
These regulations shall come into force on June 1, 2011