Who knows what laws, regulations and policies are based on the land acquisition of expressways?

According to Article 10 of the Constitution, the state can expropriate or expropriate rural collective land in accordance with the law for the needs of public interests, and make compensation.

The so-called public interest generally refers to national defense construction, public telecommunications construction, municipal construction, transportation and large-scale water conservancy projects. In a broad sense, it also includes the purpose of government investment in land or other construction activities approved by the competent department of the state.

What are the characteristics of land requisition by the state?

1. The expropriation of land by the state is a sovereign state act.

2. The expropriation of land by the state is an administrative act.

3. Land requisition does not need the mutual agreement.

4. Accepting land expropriation is the obligation of farmers' collective land owners to the country.

However, farmers have the right to know, confirm, hear, participate and supervise.

According to the Emergency Notice of General Office of the State Council on Further Strict Management of Land Requisition and Demolition and Effectively Safeguarding the People's Legal Rights and Interests (Guo Ban Power Generation [20 10] 10), it is necessary to strictly implement relevant procedures, resolutely stop and correct illegal forced land requisition and demolition, and requisition collective land, which must be carried out in an orderly manner according to law under the unified leadership of the government and announced in time before land requisition. Soliciting opinions from the masses and making reasonable demands on them must be properly solved. If the procedure is illegal, the compensation is not in place, the living conditions of the demolished people are not guaranteed, and the emergency plan is not formulated, the forced demolition shall not be implemented.

Land acquisition procedures are mainly divided into two stages: pre-approval and post-approval, namely pre-approval and post-approval implementation.

(1) Pre-approval stage

1. Make sure that the range of land requisition location is adjacent, and the four directions should be clear.

According to the demand of urban construction and the land use of the proposed project, the land acquisition block is determined in combination with the urban construction area and urban planning area determined in the overall land use planning.

2. Pre-announcement of land acquisition: Before the land acquisition is submitted for approval according to law, the collective economic organizations and farmers who have been expropriated are informed in writing of the land acquisition purpose, land location and related requirements.

Announced the relocation of graves and temples.

Right to be informed by hearing: the villagers' group whose land has been expropriated has the right to apply for hearing on the compensation, approval and resettlement of the expropriated land.

Go deep into the village group and hold a mobilization meeting to win the support of the masses.

After the pre-announcement, the attachments and young crops that are built and planted will not be compensated.

Law enforcement inspection: The land department and the housing and construction department will strengthen the law enforcement inspection of the land to be expropriated, and it is strictly forbidden to rush to build, rush to build or rush to plant.

Organize mediation departments to mediate disputes such as land ownership.

3. Land acquisition survey

Land acquisition units shall conduct on-the-spot investigation on the villages and groups where the expropriated land is located, and fully understand the agricultural population, per capita cultivated land and annual output value of the villages and groups involved in the expropriated land; Investigate the ownership, type and area of the expropriated land, as well as the ownership, type and quantity of the attachments on the ground.

Land ownership is based on land certificate; The land type and area shall be subject to the survey of land use status (change survey) and the results of survey and demarcation, so as to ensure that the ownership of the expropriated land is clear and the land type and area are accurate.

The survey results should be confirmed with rural collective organizations, farmers and property owners on the ground and attached objects, and the files should be properly kept. For those who refuse to sign and seal the questionnaire, the land acquisition unit shall do a good job in obtaining evidence and notarize the survey results as the basis for compensation.

4, involving housing demolition, to do a good job in social stability risk assessment.

Planning and site selection of temporary resettlement sites, permanent resettlement sites and production reserved land for agricultural population that need to be relocated.

For those involved in handling social security and forest land use procedures, the land acquisition department should organize materials to go through relevant procedures in the urban social security department and the forestry administrative department according to regulations after completing the land acquisition investigation: (1) Make a good social security plan; (two) for forest land use review opinions.

Involving the expropriation of basic farmland, must be approved by the State Council.

5. Calculate the compensation standard for land requisition.

Name of billing entity: land compensation fee, young crops compensation fee, bamboo and fruit tree compensation fee, ground attachment compensation fee, incentive subsidy fee, pole line, pipe network relocation fee, surveying and mapping fee, platform clearing fee, site leveling fee (supporting facilities fee), work fee, etc.

6. Draw up the land acquisition compensation agreement and the demolition compensation and resettlement agreement, and organize the land acquisition unit and relevant right holders to discuss and sign matters in time after approval.

7, the land department according to the preliminary survey data and the calculation of land acquisition compensation standards, formulate "three programs", and organize and improve the relevant land use approval materials, step by step to report for approval.

(2) The post-approval stage shall be conducted according to (two announcements and one registration procedure).

1, land acquisition plan announcement

After the land acquisition plan is approved according to law, except for special circumstances such as state secrecy provisions, the Municipal People's Government will announce the approval authority, approval number, land acquisition purpose, scope and area, land acquisition compensation standards, agricultural personnel resettlement measures and time limit for land acquisition compensation. Villages and groups whose land has been expropriated.

2, for land acquisition compensation registration.

The owner, user and other obligees of the expropriated land shall, within the time limit stipulated in the announcement of the land acquisition plan, go through the registration formalities of land acquisition compensation at the place designated by the announcement with the certificate of land ownership, and the compensation content shall be subject to the investigation results of the land acquisition unit. Failing to apply for land acquisition compensation registration within the time limit, it shall be deemed as abandonment; However, unless there is a justifiable reason to postpone.

3. Announce the compensation and resettlement plan for land acquisition.

After further verification of the land owner, the land use right and the attachments on the ground, the land acquisition unit shall, according to the approved land acquisition plan, formulate a land acquisition compensation and resettlement plan, make an announcement in the land-expropriated villages and groups, and listen to the opinions of the land-expropriated rural collective economic organizations and farmers.

4, hearing or land acquisition compensation and resettlement dispute coordination award

According to the opinions of the landless rural collective economic organizations, farmers and other rights holders on the announcement of the land acquisition compensation and resettlement plan, the land acquisition compensation and resettlement plan shall be revised and supplemented in a timely manner. If there is a dispute over the compensation standard and the organization and coordination fail, the people's government that approved the land acquisition shall make a ruling. And the land acquisition compensation and resettlement plan and relevant opinions and materials will be reported to the Municipal People's government for approval.

5. Organize land requisition and implement land requisition compensation and resettlement scheme.

The dispute over the compensation and resettlement scheme for land acquisition does not affect the implementation of the land acquisition scheme. After the approval of the land requisition compensation and resettlement plan, the rural collective economic organizations, farmers and other rights holders whose land has been expropriated shall obey and shall not obstruct the land requisition. Land acquisition units shall implement land acquisition compensation and resettlement fees and corresponding resettlement work in accordance with the approved land acquisition compensation and resettlement plan, and sign an agreement on land acquisition compensation and resettlement; Supervise the payment of compensation and resettlement fees.

6. Land delivery

After the compensation and resettlement fees for land acquisition and the corresponding resettlement work are in place, the young crops and attachments on the ground will be cleaned on schedule, and the land will be delivered after acceptance. Violation of land management laws and regulations, obstructing national construction land requisition, the municipal demolition office issued a notice in the name of the Municipal Bureau of Land and Resources, and ordered it to hand over the land; Refuse to hand over the land, the land acquisition unit shall apply to the people's court for compulsory execution.

7, land acquisition data archiving management.

Units that implement land acquisition and demolition shall, within 30 days from the date of land delivery, file and improve the relevant land acquisition materials and hand them over to the archives of the Municipal Bureau of Land and Resources for management.

Some laws and regulations on land expropriation compensation

Second, the land acquisition compensation project

According to the law, land expropriation compensation fees include land compensation fees, resettlement subsidies, ground attachments and young crops compensation fees.

1. Land compensation fee: refers to the compensation made by the state to the owner of expropriated land due to the loss of land reduction or insufficient cultivated land.

2. Resettlement subsidy: refers to the necessary production and living subsidy expenses given by the state to farmers who take land as their main means of production and livelihood because of the difficulties in production and living caused by land expropriation by the state.

Unified standard of annual output value is the main basis for calculating land acquisition compensation. On the basis of unifying the standard of annual output value, land acquisition compensation is calculated and determined according to the types and quality of cultivated land to be requisitioned, farmers' investment in land, prices of agricultural products, grades of agricultural land, existing living standards and socio-economic development level of local farmers, and the original compensation standard for land expropriation.

3. Young crops subsidy: Young crops must be destroyed because there are uncultivated crops on the cultivated land. If it is a short-term crop, it will be compensated according to its output value. If it is a perennial crop, reasonable compensation should be made according to its planting period and growth period.

Compensation for young crops in aquaculture shall be given according to different breeding varieties, breeding methods and breeding facilities.

4. The compensation for attachments on the ground is the state compensation for the demolition, relocation, restoration, demolition and felling of various buildings, structures and facilities on the expropriated land.

Various buildings and structures include: frame house, brick-concrete house, brick-wood house, earth wall house, simple shed, interior decoration and exterior wall decoration.

Other attachments on the ground: fences, retaining walls, threshing floors, temporary houses (see pond houses), storage fences, brick kilns, lime kilns, septic tanks, biogas digesters, wells, roads or tractor roads (with a width greater than 3m), water pipes, ditches, poles, wires and fence doors.

Other structures: graves.

Houses and other structures: the newly determined compensation fees are calculated according to the replacement price.

Subsidies for house demolition on collective land: temporary transitional subsidies, relocation subsidies, lost time for moving (relocation), and incentives for signing agreements on time.

Non-housing relocation subsidy: unemployment subsidy for suspension of production.

Other subsidies: telephone, broadband network transfer fee, cable TV transfer fee, water and electricity installation fee, air conditioning transfer fee.

5. Compensation for forest trees (fruits and bamboos): If it is possible to transplant, transplant the tissue and pay for the labor cost of transplanting and the loss of seedlings; If it cannot be transplanted, it shall be compensated at a fixed price.

1. Requisition of fruit trees planted in front of and behind the house will be compensated according to different tree species, quantity specifications and years.

2 fruit trees and orchards planted in pieces shall be compensated according to different specifications within a reasonable planting density. Intercropping and interplanting more than two kinds of fruit trees, trees or other crops, and the total number of trees does not exceed the maximum planting density, shall be compensated separately; If the total number of plants exceeds the maximum planting density, compensation shall be made according to the maximum limit of one plant; Do not accept the above compensation, according to the forestry or agricultural departments of orchards, fruit tree planting engineering design regulations and the actual income of the actual assessment of compensation.

3. Forest requisition can be divided into timber forest, economic forest, firewood forest, shelter forest and special-purpose forest for compensation.

4. Compensation for handling fees and transplanting fees for fruit tree seedlings and medicinal materials that can be moved or transplanted in the nursery, and compensation for those that cannot be moved or transplanted according to the market price as appropriate.

5. Flowers and landscaping seedlings are classified according to their types and specifications. Compensation (the compensation standard is transplant fee and transplant loss, and compensation shall be made according to the market price if it cannot be transported or transplanted.

Third, the house demolition and resettlement

Housing demolition and resettlement refers to the behavior of the government to demolish and resettle farmers' houses after the rural collective land is expropriated according to law.

The outer suburbs of the city and rural areas are mainly relocated, and the houses built on the homestead are rearranged. Demolition compensation should consider both the demolished houses and the expropriated houses. The compensation for house demolition should be based on the construction cost, and the land expropriation should be based on the prescribed land expropriation standards. In the urban-rural fringe, in principle, houses built on the homestead will no longer be arranged separately, mainly in the form of monetary or physical compensation. The total compensation for farmers' self-demolition of houses or government-provided resettlement houses should be guaranteed.

At present, the demolition of legal houses on collective land in our city is carried out in one of the following three ways.

1, monetary compensation (homestead cannot be rearranged).

2. Apartment placement (the original legal house is compensated according to the replacement price), and the purchase price is given a preferential price.

3. Resettlement of homestead. Demolition of houses to implement replacement price compensation.

4. Forced demolition

(1) If the expropriation department and the expropriated person fail to reach a compensation agreement within the signing period determined by the expropriation compensation scheme, the expropriation department shall report to the people's government at the city (county) level that made the decision on house expropriation to make a compensation decision according to the expropriation compensation scheme, and make an announcement within the scope of house expropriation. If the demolished person refuses to accept the compensation decision, he may apply for administrative reconsideration or bring an administrative lawsuit according to law. If the person being taken does not apply for administrative reconsideration or bring an administrative lawsuit within the statutory time limit, and does not move within the time limit stipulated in the compensation decision, the people's government at the city (county) level that made the decision on house expropriation shall apply to the people's court for compulsory execution according to law.

(2) Before compulsory demolition, the demolisher shall apply to the notary office for evidence preservation on matters related to the demolished house.

(three) the demolition did not provide compensation funds to the demolition in accordance with the ruling or meet the national quality and safety standards for resettlement houses and revolving houses, and no compulsory demolition shall be carried out.

(4) When compulsory demolition evidence preservation is implemented, the notary office shall notify the demolished person to be present. Refuse to be present, the notary shall record it in the record.

(5) If there are items in the forcibly removed house, the notary shall organize the counting, counting, registration and classification of all items one by one. And record the time and place of the above activities, which will be verified by two people with full capacity present, and then signed by the notary and the people present. If the demolished person refuses to sign, the notary shall record it in the record.

(6) After the goods are counted and registered, if they cannot be delivered to the demolished immediately, the notary shall supervise the demolished to store the goods in the warehouse provided by them, and hang labels and codes on the goods. If the goods are lost or damaged, the warehouse keeper shall be responsible for compensation.

Fourth, social security.

With permanent agricultural household registration in this city, because the collective land contracted or used by this farmer has been expropriated by the government according to law, and relying on this land is not enough to maintain a basic life, and there are agricultural population over 16 years old at the time of land expropriation, and all or most of the land has been lost (the per capita remaining cultivated land area is less than 0.3 mu).

In accordance with the requirements of coordinating urban and rural employment, landless farmers will be included in the urban employment service system and enjoy urban employment and re-employment support.

In accordance with the principle of low threshold, wide coverage and overall inclusion, priority should be given to solving the problems of land-expropriated farmers and training employment, old-age care and medical security systems.

1, training and employment

1, carry out vocational training.

2. Land-expropriated farmers with employment aspirations should be included in the urban employment service system.

3. Encourage landless farmers to find jobs and start businesses, and enjoy preferential policies for private enterprises and self-employment tax.

4. Land units give priority to recruiting landless farmers.

5. For those with employment difficulties, enjoy relevant employment support policies as required.

6. Arrange public welfare posts.

2. Endowment security

The insured persons participating in endowment insurance are divided into two categories. One is that men over 65,438+06 years old but under 60 years old, and women over 65+06 years old are listed as the insured. The other is to list men over 60 years old and women over 55 years old as pension personnel.

When the land is expropriated, 16-year-old farmers under 45-year-old will pay the old-age insurance premium in one lump sum according to different payment years, and the basic old-age insurance premium will be paid in one lump sum when the land is expropriated 15. The payment base is 60% of the average monthly salary of employees in urban units in the county last year, and the payment ratio is 20%.

The basic old-age insurance premium paid by land-expropriated farmers in one lump sum shall be borne by individuals and collectives, 60% and 40% by finance.

Land-expropriated farmers who pay the basic old-age insurance premium shall establish a personal account for basic old-age insurance according to 8% of their actual payment base.

Meet the conditions of landless farmers, according to the following procedures to participate in old-age security.

(a) individuals to submit a written application to the village (neighborhood) committee.

(two) the village (neighborhood) committee trial.

(three) submitted to the town people's government for review.

(four) after the examination and approval, in the village (neighborhood) committee where the landless farmers are located for 7 days.

(five) after 7 days of publicity, if there is no objection, report to the land acquisition department for approval.

(six) to the social insurance agency of the labor and social security department where the land-expropriated farmers are located to apply for the relevant registration procedures.

3. Medical insurance

Land-expropriated farmers can choose to participate in the new rural cooperative medical system or the basic medical insurance for urban residents according to their actual conditions. The accompanying units employed by the employer participate in the basic medical insurance for urban workers.

4. Minimum living guarantee

Land-expropriated farmers who meet the conditions of enjoying urban subsistence allowances are included in the scope of urban subsistence allowances.