How to compensate for the land occupation and road construction?

The Land Management Law of the People's Republic of China does not clearly stipulate the amount of compensation, but the general law stipulates that compensation should be made on the spot. Chapter V Land for Construction Article 43 Any unit or individual that needs land for construction must apply for the use of state-owned land according to law; However, the establishment of township enterprises and villagers' use of land collectively owned by farmers of the collective economic organization is approved according to law, or the use of land collectively owned by farmers is approved according to law for the construction of public facilities and public welfare undertakings in townships (towns) and villages. State-owned land applied for according to law as mentioned in the preceding paragraph includes land owned by the state and land originally owned by farmers' collectives requisitioned 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; (two) more than 35 hectares of arable land outside the 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, the conversion of agricultural land was approved by the State Council, and the land acquisition approval procedures were also handled. No more land acquisition approval; 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. 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. Article 52 In the feasibility study and demonstration of a construction project, the land administrative department may, according to the overall land use plan, the annual land use plan and the standards for construction land, review the relevant matters of construction land and put forward opinions. Article 53 Where an approved construction project requires the use of state-owned construction land, the construction unit shall submit an application for construction land to the land administrative department of the people's government at or above the county level with the relevant documents stipulated by laws and administrative regulations, which shall be audited by the land administrative department and reported to the people's government at the same level for approval. Fifty-fourth construction units to use state-owned land, should be obtained through the transfer and other paid use; However, with the approval of the people's governments at or above the county level according to law, the following construction land can be obtained by allocation: (1) land for state organs and military land; (two) urban infrastructure and public welfare land; (3) Land for energy, transportation, water conservancy and other infrastructure supported by the state; (four) other land as prescribed by laws and administrative regulations. Fifty-fifth construction units that have obtained the right to use state-owned land by means of transfer and other paid use can use the land only after paying the land use fee, land use right transfer fee and other fees in accordance with the standards and measures stipulated by the State Council. Since the implementation of this law, 30% of the paid land use fees for newly-added construction land will be turned over to the central finance, 70% will be reserved for the relevant local people's governments, and all of them will be used exclusively for cultivated land development. Article 56 Where a construction unit uses state-owned land, it shall use the land in accordance with the paid use contract such as the assignment of land use right or the approval document for the allocation of land use right; If it is really necessary to change the use of the land for construction, it shall be approved by the land administrative department of the relevant people's government and reported to the people's government that originally approved the land use. Among them, the change of land use within the urban planning area shall be approved by the relevant urban planning administrative department before approval. Fifty-seventh construction projects and geological exploration need temporary use of state-owned land or land collectively owned by farmers, which shall be approved by the land administrative departments of the people's governments at or above the county level. Among them, the temporary use of land in a planned urban area shall be approved by the relevant urban planning administrative department before approval. Land users shall, according to the land ownership, sign temporary land use contracts with relevant land administrative departments or rural collective economic organizations and villagers' committees, and pay compensation fees for temporary land use in accordance with the contract. Users of temporary land shall use the land according to the purposes agreed in the temporary land use contract, and shall not build permanent buildings. The term of temporary use of land is generally not more than two years. Article 58 Under any of the following circumstances, with the approval of the people's government that originally approved the use of land or the people's government that has the power of approval, the land administrative department of the relevant people's government may take back the right to use state-owned land: (1) The land needs to be used for public interests; (two) due to the implementation of urban planning and the transformation of the old city, it is necessary to adjust the land use; (3) The land user fails to apply for renewal or the application for renewal is not approved when the term of use agreed in the paid use contract such as land transfer expires; (four) due to cancellation, relocation and other reasons, stop using the original allocation of state-owned land; (five) roads, railways, airports, mines and other approved scrapped. In accordance with the provisions of the preceding paragraph (a) and (two) to recover the right to use state-owned land, the land use right holder shall be given appropriate compensation. Fifty-ninth township enterprises, township (town) village public facilities, public welfare undertakings, rural villagers' houses and other township (town) village construction shall conform to the village and market town planning, rational layout, comprehensive development and supporting construction; Construction land shall conform to the overall land use plan and annual land use plan of the township (town), and go through the examination and approval procedures in accordance with the provisions of Articles 44, 60, 61 and 62 of this Law. Article 60 Where a rural collective economic organization uses the construction land determined in the overall land use planning of a township (town) to set up an enterprise, or establishes an enterprise jointly with other units or individuals with the land use right, it shall submit an application to the land administrative department of the local people's government at or above the county level with the relevant approval documents. It shall be approved by the local people's governments at or above the county level in accordance with the examination and approval authority prescribed by provinces, autonomous regions and municipalities directly under the Central Government; Among them, those involving the occupation of agricultural land shall go through the examination and approval procedures in accordance with the provisions of Article 44 of this Law. Land used for enterprise construction in accordance with the provisions of the preceding paragraph must be strictly controlled. Provinces, autonomous regions and municipalities directly under the central government may, according to the different industries and business scales of township enterprises, stipulate land use standards respectively. Article 61 Where a township (town) village needs to use land for the construction of public facilities and public welfare undertakings, it shall, after being examined by the township (town) people's government, submit an application to the land administrative department of the local people's government at or above the county level, and it shall be approved by the local people's government at or above the county level according to the approval authority stipulated by the province, autonomous region or municipality directly under the Central Government; Among them, those involving the occupation of agricultural land shall go through the examination and approval procedures in accordance with the provisions of Article 44 of this Law. Sixty-second rural villagers can only own one homestead, and the area of their homestead shall not exceed the standards stipulated by provinces, autonomous regions and municipalities directly under the central government. Rural villagers should build houses in accordance with the overall land use planning of townships (towns), and try their best to make use of the original homestead in the village. Rural villagers' residential land shall be audited by the township (town) people's government and reported to the county-level people's government for approval; Among them, those involving the occupation of agricultural land shall go through the examination and approval procedures in accordance with the provisions of Article 44 of this Law. Rural villagers who apply for homestead after selling or renting houses shall not be approved. Sixty-third farmers collectively owned land use rights shall not be sold, transferred or leased for non-agricultural construction; However, enterprises that meet the overall land use planning and obtain construction land according to law, except for the transfer of land use rights according to law due to bankruptcy and merger. Sixty-fourth buildings and structures that have been built before the formulation of the overall land use plan and do not meet the purposes specified in the overall land use plan shall not be rebuilt or expanded. Article 65 Under any of the following circumstances, with the approval of the people's government that originally approved the use of land, the rural collective economic organization may take back the land use right: (1) Land is needed for the construction of township (town) facilities and public welfare undertakings; (two) the use of land is not in accordance with the approved purposes; (three) the land that has been stopped for reasons such as cancellation and relocation. If the land collectively owned by farmers is recovered in accordance with the provisions of Item (1) of the preceding paragraph, the land use right holder shall be given appropriate compensation.