Compensation for relocation of water conservancy projects?

1 Compensation for Land Expropriation In China, the current compensation for land expropriation of water conservancy projects is basically carried out in accordance with the Regulations on Land Expropriation Compensation and Resettlement for Construction of Large and Medium-sized Water Conservancy and Hydropower Projects in the State Council, such as the Middle Route Project of South-to-North Water Transfer under construction. Expropriation of rural collective land is a state act, which is mandatory. The compensation of ownership is incomplete, not the sale of land, not the negotiation between the state and farmers or the compensation of market price. According to the new "Land Management Law", the sum of land compensation fee and resettlement subsidy can be up to 30 times of the average annual output value of the expropriated land in the first three years, and its nature is still compensation or subsidy, not full land price, so the compensation standard for land acquisition cannot be determined according to the transfer price of land use rights. Collective economic organizations shall, in accordance with the contract period and combined with the annual output value, pay the land for the remaining contract period to the farmer contractor in the form of resettlement compensation. Urban land and state-owned highways are owned by the state and do not involve land acquisition compensation. But the land in the suburbs of the city belongs to the rural collective. To obtain rural collective land in urban suburbs, it is necessary to go through the formalities of land acquisition and demolition and give compensation. Temporary occupation of land must be compensated according to the annual output value and the standards of state-owned land, collective land, construction land and unused land, accounting for a quarter of the next season, and at the same time, land remediation fees and compensation fees for overground objects must be paid. 2. Demolition compensation 2. 1 Urban housing At present, the compensation for urban housing demolition in China is mostly property right exchange or pricing compensation. Pricing compensation is mainly carried out by real estate appraisal co., Ltd. according to the national Urban Real Estate Management Law, Regulations on Urban House Demolition Management, Guiding Opinions on Urban House Demolition Evaluation, Detailed Rules for the Implementation of Compensation for Land Requisition and Demolition of Water Conservancy Projects and related technical specifications. For example, in the Beijing section of the Middle Route of South-to-North Water Diversion Project, the expropriation and demolition implementation agency will give economic compensation to the owner of the demolished house and its accessories according to the compensation price for asset appraisal issued by the real estate appraisal company, and the expenses include the house, accessories and relocation subsidy. If the transition is carried out, the relocation transition fee will be compensated. No compensation will be given to illegal buildings and temporary buildings exceeding the approved period, but some will be given appropriate compensation in the implementation process. Compensation price for demolition = replacement price of houses and appendages+land location price+relocation subsidy+housing turnover fee+comprehensive loss of the closure of certified houses+relocation and installation fee of certified non-residential houses and equipment, etc. The replacement price of the house and its accessories shall be determined by the appraisal company, and shall be evaluated and determined according to the roof, roof truss, ceiling, floor, wall, doors and windows, column height, decoration, equipment, accessories and new conditions. Demolition of individual industrial and commercial households must stop production, according to the actual time of industrial and commercial registration to give subsidies for the loss of production and business suspension, in pricing compensation, the standard is generally higher than the market price. The pricing compensation amount is merged into a new settlement according to the replacement price of the demolished building area, but the pricing compensation amount of the World Bank project is settled according to the replacement price of the demolished building area. For property owners who give up property rights, compensation shall be made according to the price of commercial housing. Compensation prices can generally buy property houses with the same area and lots. 2.2 Rural Houses At present, there are no uniform provisions and specific laws and regulations on compensation and implementation measures for rural house demolition. However, the compensation for rural house demolition should be based on local conditions, adhere to the people-oriented principle, and formulate humanized compensation measures for house demolition according to the different characteristics of the demolition objects. For example, in Anyang section of the middle route of the South-to-North Water Transfer Project, the demolition implementation agency will give economic compensation to the relocated households according to the approved budgetary estimate standard, and the compensation for the demolition of agricultural and sideline products in village groups should also consider the loss of farmers' production stoppage and relocation subsidies. Different from the marketization of urban housing, rural housing demolition compensation should consider rural housing resettlement fees (including land acquisition fees, site leveling fees, greening fees and supporting fees for infrastructure such as water, electricity and roads), which are given to village collectives by demolition implementing agencies according to the approved budget estimates, and village collectives organize personnel construction according to the compensation fees for supporting infrastructure projects approved. For the relocated households who are scattered and resettled by relatives and friends, the relocated households shall apply to the village collective and sign the relocation compensation and resettlement agreement. 2.3 Enterprises and institutions demolish houses of enterprises and institutions for property right exchange or price compensation. Generally, the relocation implementation organization will hold a discussion with the leaders and employees of the affected enterprises and institutions to negotiate the resettlement compensation method, and all kinds of losses in the process of demolition will be compensated in one lump sum by the relocation implementation organization. Some relocation implementation agencies first conduct physical indicators survey, then conduct asset evaluation, and finally sign relocation compensation agreements with the affected enterprises and institutions for compensation. Equipment and other facilities inside and outside the factory, such as pipelines, cables, infrastructure, etc. , should be compensated according to the replacement price, and the possible losses during the installation and relocation of equipment should also be compensated. If it is necessary to stop production when the business premises are demolished, subsidies shall be paid according to the actual total wages and management fees paid outside the total wages last month, and the total compensation fees shall not be deducted from the available old materials. Demolition of houses and accessories used for public welfare undertakings shall be compensated according to the replacement price, or arranged in accordance with the overall planning of the government. Demolition of non-public housing appendages without property rights exchange, the demolition implementation agencies to give appropriate compensation. 2.4 Relocation Rewards Local governments should rationally design relocation compensation reward funds for different groups, so as to arouse the enthusiasm of relocated households, implement fair, just and open sunshine operation, and reward relocated households who sign relocation compensation agreements within the specified time. In addition, they should also design a bundle of overall signing and relocation awards, block signing and relocation awards and supporting project construction awards to win the hearts of the people, give play to the strength of the majority, and form a good public opinion environment and healthy atmosphere. 3 Compensation for relocation of special facilities The compensation for relocation of special facilities mainly includes the restoration of roads, electric power, communications, broadcasting, various pipelines and irrigation systems. The qualified design and construction unit is responsible for the specific design and construction, and its design scheme, engineering quantity and investment will be verified by the site supervisor and approved by the engineering department of the construction unit. The total relocation cost of the project is compensated according to the relocation plan approved by the superior. 4 Reflections on the compensation methods for land acquisition and demolition To sum up, the compensation investment for land acquisition and resettlement of water conservancy projects approved by the state is determined according to relevant national laws and regulations, the Code for Design of Land Acquisition and Resettlement of Water Conservancy and Hydropower Projects of the Ministry of Water Resources and relevant local laws and regulations, and finally the compensation investment for the preliminary design approved by the higher level is limited. Different projects and different regions adopt different compensation methods in the implementation process. There is a certain gap between the compensation investment for land acquisition and demolition approved by the state and the local compensation standard, which may not fully conform to the laws of market economy and the specific conditions of the project area. Intangible loss compensation and price difference reserve are not considered. It is difficult for some projects to meet the compensation demand according to the compensation investment approved by the state, and the grass-roots organizations and the masses have great resistance in the implementation process. Generally speaking, the compensation standard of water conservancy projects is lower than other industries. In economically developed areas, it is difficult to requisition and relocate according to the compensation standard approved by the state. As a result, in some areas, compensation for urban land acquisition and demolition is implemented in a market-oriented, consultative and incentive manner in accordance with relevant compensation policies, and the overspending is subsidized by local governments. Whether the land requisition and demolition can be carried out smoothly is the key to the smooth implementation of the project and the early realization of benefits. Whether the compensation policies and methods are reasonable, feasible and operable, whether they conform to the society and market economy, and whether they affect the psychological needs of residents are the basis for determining whether the land acquisition and demolition can be carried out smoothly. At present, there are still some shortcomings in the compensation policies and methods for land acquisition and demolition, which still need to be explored and improved. When formulating compensation policies, we should combine the provisions of People's Republic of China (PRC) Land Contract Law and other relevant laws and regulations and the needs of market economy, consider the differences between rural and urban economic and social levels, and aim at properly resettling the lives of the affected residents. In addition, compensation methods should comprehensively consider economic compensation, policy compensation, scientific and technological training and social security.

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