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The land has been expropriated. Will the land be returned? What laws and regulations does the country support?
Land expropriation return index, also known as "housing index for resettlement housing projects", is the state-owned land returned to rural collective economic organizations in a certain proportion when the country expropriates land. That is, the returned land is returned to the village by the state and distributed to farmers by the village according to the actual situation, with the aim of solving the livelihood problem of landless farmers.
Land Management Law of the People's Republic of China
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.
Extended data
Land Management Law of the People's Republic of China
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.
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.
Article 50 Local people's governments at all levels shall support rural collective economic organizations and farmers whose land has been expropriated to engage in development, operation and establishment of enterprises.
Fifty-first large and medium-sized water conservancy and hydropower project construction land acquisition compensation standards and resettlement measures shall be formulated separately by the State Council.
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Baidu Encyclopedia-China People and Land Management Law
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