State-owned land applied for according to law mentioned in the preceding paragraph includes land owned by the state and land originally owned by farmers' collectives expropriated by the state.
Forty-fourth construction land, involving the conversion of agricultural land into construction land, shall go through the formalities for examination and approval of agricultural land conversion.
Roads, pipeline projects and large-scale infrastructure construction projects approved by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, and construction projects approved by the State Council, which need to occupy land and involve the conversion of agricultural land into construction land, shall be approved by the State Council.
Within the scope of construction land for cities, villages and market towns determined by the overall land use planning, if agricultural land is converted into construction land to implement the overall land use planning, it shall be reported to the original authority that approved the overall land use planning in batches according to the annual land use plan. Within the approved scope of agricultural land conversion, the land for specific construction projects can be approved by the municipal or county people's governments.
The occupation of land by construction projects other than those specified in the second and third paragraphs of this article, which involves the conversion of agricultural land into construction land, shall be approved by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Article 45 The requisition of the following land shall be approved by the State Council:
(1) Basic farmland;
(2) More than 35 hectares of cultivated land other than basic farmland;
(3) More than 70 hectares of other land.
Expropriation of land beyond the provisions of the preceding paragraph shall be approved by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and reported to the State Council for the record.
Where agricultural land is requisitioned, the approval procedures for the conversion of agricultural land shall be handled in advance in accordance with the provisions of Article 44 of this Law. Among them, if the agricultural land is converted with the approval of the State Council, the land acquisition approval procedures will be handled at the same time, and the land acquisition approval will not be handled separately; If the people's governments of provinces, autonomous regions and municipalities directly under the Central Government approve the conversion of agricultural land within the scope of land acquisition approval, they shall go through the formalities of land acquisition approval at the same time, and no longer go through the formalities of land acquisition approval separately. Beyond the approval authority of land acquisition, land acquisition approval shall be handled separately in accordance with the provisions of the first paragraph of this article.
Article 46 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.
The owner and user of the expropriated land shall, within the time limit stipulated in the announcement, go through the registration of land requisition compensation with the land ownership certificate to the land administrative department of the local people's government.
Article 47 Where land is expropriated, compensation shall be given according to the original use of the expropriated land.
Compensation for requisition of cultivated land includes land compensation fee, resettlement fee and compensation fee for attachments and young crops on the ground. The land compensation fee for expropriation of cultivated land is six to ten times the average annual output value of the cultivated land in the three years before expropriation. Farmland resettlement subsidy is calculated according to the number of agricultural population to be resettled. The number of agricultural population to be resettled shall be calculated according to the number of cultivated land expropriated divided by the average number of cultivated land occupied by each expropriated unit before land expropriation. The resettlement subsidy standard for each agricultural population in need of resettlement is four to six times the average annual output value of the cultivated land in the three years before expropriation. However, the resettlement subsidy for each hectare of cultivated land to be expropriated shall not exceed fifteen times the average annual output value of the three years before expropriation.
The standards of land compensation fees and resettlement subsidies for the expropriation of other land shall be stipulated by provinces, autonomous regions and municipalities directly under the Central Government with reference to the standards of land compensation fees and resettlement subsidies for the expropriation of cultivated land.
The compensation standards for attachments and young crops on expropriated land shall be stipulated by provinces, autonomous regions and municipalities directly under the Central Government.
Requisition of vegetable fields in the suburbs of cities, land units shall pay the new vegetable field development and construction fund in accordance with the relevant provisions of the state.
If the payment of land compensation fees and resettlement subsidies in accordance with the provisions of the second paragraph of this article still fails to maintain the original living standards of farmers who need resettlement, the resettlement subsidies may be increased with the approval of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. However, the sum of land compensation fees and resettlement subsidies shall not exceed 30 times of the average annual output value of the land in the three years before expropriation.
According to the level of social and economic development, under special circumstances, the State Council can raise the standards of cultivated land compensation and resettlement subsidies.
Forty-eighth after the land acquisition compensation and resettlement plan is determined, the relevant local people's governments shall make an announcement and listen to the opinions of the rural collective economic organizations and farmers whose land has been expropriated.
Forty-ninth rural collective economic organizations whose land has been expropriated shall announce the revenue and expenditure of land acquisition compensation to the members of the collective economic organizations and accept supervision.
It is forbidden to occupy or misappropriate the land acquisition compensation and other related expenses of the requisitioned land units.