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What expenses does the land requisition compensation include?
1, land compensation fee
A kind of economic compensation paid by land users to rural collective economic organizations whose land has been requisitioned according to law because of economic losses caused by their land expropriation.
2. Young crops compensation fee
Compensation paid by the land-using unit to the units and individuals planting young crops due to damage to the young crops on the requisitioned land.
3, attachment compensation fee
Compensation paid by the land unit to the houses and other attachments on the requisitioned land due to the destruction of the requisitioned land.
4. Resettlement allowance
The surplus labor force caused by land acquisition shall be paid by the land-using unit to the land-expropriated unit.
Calculation formula of land requisition compensation
1, calculation formula of land compensation fee
(1) Land compensation fee = mu of expropriated land × annual output value× compensation multiple.
(2) Resettlement subsidy = number of people to be resettled × annual output value × compensation multiple = number of people to be resettled ÷ per capita cultivated land before land acquisition.
2, young crops compensation calculation formula
Young crop compensation refers to the economic compensation given to the land contractual management owner or land user because the crops are not harvested during the growing period and the land needs to be given in time for land acquisition, resulting in losses to farmers. The compensation standard for young crops is generally calculated according to the highest output value in one season. If the sowing is not long or the investment is less, it can also be calculated according to a certain proportion of the output value of a season.
The specific standards for young crops compensation shall be formulated and promulgated by the governments of all provinces, autonomous regions and municipalities directly under the Central Government. Calculation formula: young crop compensation fee = annual output value ÷ farming season.
3, the number of resettlement calculation formula
At the time of land acquisition, the number of agricultural population to be resettled shall be calculated according to the number of cultivated land requisitioned divided by the average number of cultivated land occupied by each requisitioned unit before land acquisition. The resettlement subsidy standard for each agricultural population in need of resettlement is 4 to 6 times of the average annual output value of the cultivated land in the three years before expropriation.
The number of people who need to be resettled = the number of cultivated land requisitioned divided by the average number of cultivated land occupied by each requisitioned unit before land requisition.
4, large and medium-sized water conservancy and hydropower project construction land acquisition compensation standard and calculation formula.
If large and medium-sized water conservancy and hydropower projects expropriate cultivated land, the sum of land compensation fees and resettlement subsidies is 16 times of the average annual output value of the cultivated land in the three years before expropriation. Land compensation fees and resettlement subsidies can't make the immigrants who need resettlement maintain their original living standards, and if the standards need to be improved, the project legal person or the competent department of the project shall report to the project examination and approval department for approval.
Land compensation fee and resettlement subsidy = the average annual output value of the cultivated land in the first three years × 16.
How to allocate compensation for land acquisition?
According to Article 26 of the Regulations on the Implementation of the Land Management Law of the People's Republic of China, the land compensation fee belongs to the rural collective economic organizations; Compensation fees for ground attachments and young crops belong to the owners of ground attachments and young crops; Need to be resettled by rural collective economic organizations, resettlement subsidies paid to rural collective economic organizations, managed and used by rural collective organizations; Resettlement by other units, resettlement subsidies paid to resettlement units; If there is no need for unified resettlement, the resettlement subsidy shall be paid to the individual or used to pay the insurance premium of the resettled person with the consent of the resettled person.
Accounting management of land requisition compensation
After the land acquisition unit collects the compensation fee, it shall be handled in the following ways:
1. Land compensation fees owned by collectives, resettlement subsidies payable to collectives according to law, young crops compensation fees and ground attachments compensation fees shall be managed and used by land-expropriated units.
2. Young crops compensation fee and attachments compensation fee belong to the owners of young crops and attachments.
3, the ownership and use of resettlement subsidies:
(1) The resettlement of rural collective economic organizations shall be paid to the rural collective economic organizations for management and use.
(2) if it is placed by other units, it shall be paid to the placement unit.
(3) If there is no need for unified resettlement, with the consent of the resettlement personnel, it shall be paid to the individual resettlement personnel or used to pay the insurance premium for the resettlement personnel.
Settlement of Common Disputes on Land Requisition Compensation
1. Dispute over compensation standard: firstly, it shall be coordinated by the government at or above the county level; If the coordination fails, it shall be decided by the people's government that approved the land acquisition.
2. Disputes over the allocation of compensation expenses: They are civil disputes in nature, and the parties are village committees or rural collective economies and villagers, which can be resolved through civil litigation.
3. Land acquisition information disclosure disputes: administrative disputes, the parties can be resolved through administrative reconsideration and administrative litigation.
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