What is the compensation standard for land expropriation in Anhui Province?
1. What is the compensation standard for land expropriation in Anhui Province? (three) the expropriation of cultivated land for less than 3 years, which is 3 to 4 times the average annual output value of cultivated land in the village (group) in the first 3 years; Farming for more than 3 years, compensation according to cultivated land. (4) Requisition of construction land collectively owned by farmers is 4 to 5 times of the average annual output value of cultivated land in the first three years of the village (group). (five) the expropriation of other land is 2 to 3 times the average annual output value of the cultivated land in the first three years where the village (group) is located. Land compensation standards for requisitioned forest land shall be implemented in accordance with relevant laws and regulations. Article 35 Where land other than cultivated land is requisitioned, the resettlement subsidy standard for each agricultural population in need of resettlement shall be as follows: (1) If agricultural land is requisitioned, it shall be three to four times the average annual output value of the previous three years; (2) Requisition of construction land collectively owned by farmers is 2 to 3 times of the average annual output value of cultivated land in the first three years of the village (group). If barren hills and wasteland are requisitioned, resettlement subsidies will not be paid. Article 37 Compensation standards for young crops and attachments on expropriated land: (1) Young crops on expropriated farmland shall be compensated according to the output value of crops in the current season; Perennial crops are compensated according to their annual output value; No young crops, no compensation. (2) fry that have been stocked for more than 2 years shall not be compensated; Less than 2 years, according to 3 to 4 times the fee for stocking fry compensation. (3) If the average DBH of timber forest, shelter forest and special-purpose forest exceeds 20cm, compensation shall be made according to 10% to 20% of the actual volume value; The average DBH of the trunk is 5 to 20 cm, and the compensation is 60% to 80% of the actual volume value. (four) nursery seedlings, economic forests, firewood forests in accordance with the expropriation of the average annual output value of 2 times the compensation; No output value, according to the actual afforestation investment of 2 times the compensation. Young forest and new afforestation are compensated by 2 times of actual investment. Thirty-eighth non-agricultural construction approved the use of state-owned agricultural, forestry, animal husbandry and fishery land, should refer to the provisions of Article 47 of the Land Management Law and Article 34 and Article 37 of these measures, to give compensation. Thirty-ninth rural collective economic organizations set up enterprises in the form of land use rights, joint ventures, or jointly set up enterprises with other units and individuals. The land use compensation standard shall be implemented with reference to the minimum compensation standard for land expropriation. Township (town) village public facilities, public welfare undertakings to use land, it should be the original land use rights compensation, in addition to the ground attachments and young crops compensation fee paid in full, other compensation fees in accordance with the provisions of the preceding paragraph; If the land owned by the collective economic organization has been used and the corresponding land has been transferred to the original land use right holder, no compensation may be given. Fortieth strictly control the requisition of vegetable bases. If it is really necessary to levy due to special circumstances, in addition to the approval according to law, the new vegetable field shall be levied according to the principle of how much to make up, and the new vegetable field development and construction fund shall be paid according to the regulations. Forty-first to recover the state-owned land cultivated by farmers, land compensation fees are not paid. If there are young crops, pay the compensation fee for young crops; Before the implementation of these measures, it has been cultivated for more than 10 years, and after the restoration, it directly affects the lives of farmers, and the subsidy for difficulties is paid according to the standard of resettlement subsidy. Because of the construction need to bury telephone poles, towers, cables, pipelines and other facilities to occupy land, only compensation for young crop losses; If the occupied area is large, the land shall be requisitioned according to law. Forty-second rural collective economic organizations after the expropriation of cultivated land, all the members of the original rural collective economic organizations into urban residents, the rest of the land owned by the state, used by the original rural collective economic organizations; When a construction project occupies land, it shall compensate the former rural collective economic organizations in accordance with the measures and standards for land acquisition. Forty-third rural villagers can only own one homestead. Area standard of new houses built by rural villagers: (1) Suburbs, rural market towns and polder areas, each household shall not exceed 160 square meters; (two) Huaibei plain area, each household shall not exceed 220 square meters; (three) in mountainous and hilly areas, each household shall not exceed 160 square meters; The use of barren hills and wasteland for building houses shall not exceed 300 square meters per household. Forty-fourth rural villagers meet one of the following conditions, they can apply for the use of homestead: (1) because of marriage and other reasons, it is really necessary to build a house for household, and the original homestead area is lower than the household standard; (two) due to natural disasters or the implementation of town planning needs to be relocated; (four) the original homestead was requisitioned according to law; If land is urgently needed for emergency rescue and disaster relief, priority can be given to the use of land. Among them, if it belongs to temporary land, it should be restored to its original state after the disaster and handed over to the users of the restored land for use, and the land use examination and approval procedures will no longer be handled; Belonging to permanent construction land, the construction unit shall apply for completing the examination and approval procedures for construction land within 6 months after the disaster ends. Forty-sixth in accordance with the "Land Management Law" Article 58, paragraph 1 (a) and (b) to recover the land use right, it should refer to the local land expropriation compensation standards, give appropriate compensation to the land use right, free allocation, no compensation; If the land use right is recovered in accordance with Item (1) of Paragraph 1 of Article 65 of the Land Management Law, the land use right holder shall be compensated according to the cost of obtaining the land use right. If the right to use state-owned land is recovered in a paid way, compensation shall be given according to the land use period and land development. Unless otherwise agreed in the contract for paid use of state-owned land, compensation shall be paid to the buildings, structures and other attachments on the ground to recover the right to use state-owned land. Chapter VI Supervision and Inspection Article 48 When performing the duties of supervision and inspection, the land administrative departments may take the following measures in addition to the measures stipulated in Article 67 of the Land Administration Law and Article 32 of the Implementation Regulations: (1) Require the inspected units or individuals to provide documents and materials related to land use for reference or reproduction; (two) units or individuals suspected of illegal land use, suspension of examination and approval, registration and other related procedures. (a) the implementation of the overall land use planning; (two) the implementation of the annual land use plan; (three) the protection of cultivated land and the balance of cultivated land occupation and compensation; (four) the exercise of land use examination and approval authority; (five) the collection and use of farmland occupation tax, land use fee and other taxes and fees. Fifty-second land administrative departments will transfer cases of illegal land to the relevant authorities for criminal or administrative responsibility, and the relevant authorities shall handle them according to law and inform the land administrative departments of the results. Chapter VII Legal Liability Article 55 If a unit or individual that has no right to approve the requisition or use of land illegally approves the occupation of land, exceeds the approval authority, fails to approve the land in accordance with the general plan for land use, or violates the procedures prescribed by law, its approval document is invalid, and the directly responsible person in charge and other directly responsible personnel who illegally approve the requisition of land shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. The land illegally approved for use shall be recovered, and if the parties refuse to return it, it shall be punished as illegal occupation of land. Whoever illegally approves the requisition or use of land and causes losses to the parties concerned shall be liable for compensation according to law. Fifty-sixth occupation, misappropriation of land units for land acquisition compensation and other related expenses, 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 according to law. Article 59 In accordance with the Land Management Law, Regulations and these Measures, the newly-built buildings and other facilities on illegally occupied land shall be ordered to be demolished within a time limit, and the construction unit or individual must immediately stop construction and dismantle them by itself; If the construction continues, the organ that made the decision on punishment has the right to stop it. If the construction unit or individual refuses to accept the decision on administrative punishment of ordering demolition within a time limit, it may bring a lawsuit to the people's court within fifteen days from the date of receiving the decision on ordering demolition within a time limit; If neither prosecution nor demolition is carried out on its own at the expiration of the time limit, the organ that made the punishment decision shall apply to the people's court for compulsory execution according to law, and the expenses shall be borne by the offender. Article 60 Any state functionary who neglects his duty, abuses his power or engages in malpractices for selfish ends shall be given administrative sanctions according to law: if the case constitutes a crime, he shall be investigated for criminal responsibility according to law: (1) illegally approving the occupation and use of land; (two) land violations should be given administrative punishment according to law, but no administrative punishment is given; (3) Illegal inspection and compulsory measures; (4) Asking for bribes; (5) Other illegal acts. To sum up, the reason why the Anhui provincial government has never been able to reach a unified opinion with citizens on the amount of compensation for land acquisition is also because the compensation standards are not well known to ordinary people, which makes some government workers get the opportunity to infringe on citizens' compensation rights and interests for land acquisition.