Specification for resettlement houses for immigrants in Huangshi area

The compensation for graves is based on the standard of cultivated land. If land is expropriated according to Article 47 of the Land Administration Law of the People's Republic of China, compensation shall be given according to the original use of the expropriated land.

The compensation calculation formula is as follows:

(A) the calculation standard of land compensation fee

Land compensation fee = average annual output value of the previous three years × compensation multiple (6

(two) the calculation standard of resettlement subsidies

(1) (number of people to be resettled for the expropriated land × compensation multiple) > 15 hours.

Total resettlement fee = average annual output value of the land-expropriated block in the first three years × 15.

(2) (Number of people to be resettled for land acquisition × compensation multiple)

Total resettlement fee = average annual output value of the land-expropriated block in the first three years × compensation multiple × number of people to be resettled in the land-expropriated block.

(three) the calculation standard of the compensation fee for the above-ground attachments and the subsidy for young crops = the provisions of the provinces, autonomous regions and municipalities directly under the central government (generally compensated according to the market price).

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.

On June 4th, 2009, 65438+20091October 4th, Hubei Provincial People's Government issued a notice (E [2009] No.46, referred to as Document No.46) on publishing the unified annual output value standard of land acquisition in Hubei Province, which is the latest compensation standard for land acquisition in Hubei Province.

Relevant personnel of the Land Acquisition Management Office of the Provincial Department of Land and Resources introduced that the compensation standards of cities and counties in the province are different due to regional development. The provincial people's government will revise the new compensation standard for land acquisition in a timely manner according to the economic and social development, but the new standard has just been implemented and will not be adjusted for two or three years.

Document No.46 stipulates that the comprehensive land price of the main urban areas of Wuhan, Xiangfan, Jingzhou and Huangshi shall be levied. The highest is Wuhan No.1 District, which is 300,000 yuan/mu, and Houhu, Huaqiao and Hongqiao in Jiang 'an District, and the lowest is Huangshi No.4 District, which is 37 1.800 yuan/mu.

In the unified annual output value standard of land acquisition, the compensation standard of land acquisition in Yichang City is the highest, which is 49,497 yuan/mu. These areas are Yaowan Township in Wujiagang District of Wu Jiaxiang, Xiakou Scenic Area and Yichang Economic and Technological Development Zone in Xiling District. The lowest is Changyang District 4, 1.62 million yuan/mu. ?

Extended data:

Achieve the same price in the same place

The "Notice" requires that new standards for land acquisition compensation be implemented to ensure that compensation fees are put in place.

Fully implement the unified annual output value standard of land acquisition and the comprehensive land price of each district. It is an important measure to formulate a unified annual output value standard of land acquisition and comprehensive land price in different regions to improve the compensation mechanism of land acquisition and realize the same price in the same place. It is also an inevitable requirement to improve the compensation standard for land acquisition and safeguard farmers' rights and interests. Requisition of rural collective land for various types of construction must be strictly implemented.

For new construction projects, it is necessary to strictly control the pre-examination of land use to ensure that land acquisition compensation is fully included in the budget estimate according to the unified annual output value standard of land acquisition and the comprehensive land price of each district. If the construction land is located in the same annual output value or comprehensive land price area, the level of land acquisition compensation should be basically the same, so that the land acquisition compensation is at the same place and price.

Explore the fund deposit system

In order to prevent the default of land acquisition compensation and ensure that the compensation is paid in full and on time, all localities should explore and improve the pre-existing system of land acquisition compensation. When cities and counties organize the examination and approval of land use, the land acquisition compensation is calculated according to the scale of land acquisition and compensation standards, and the pre-stored land acquisition compensation is paid by the land unit in advance; For urban construction land provided by land transfer and land for individual site selection construction projects, the local government will pre-store compensation for land acquisition.

In order to prevent the default of land acquisition compensation and ensure that the compensation is paid in full and on time, all localities should explore and improve the pre-existing system of land acquisition compensation. When cities and counties organize the examination and approval of land use, the land acquisition compensation is calculated according to the scale of land acquisition and compensation standards, and the pre-stored land acquisition compensation is paid by the land unit in advance; For urban construction land provided by land transfer and land for individual site selection construction projects, the local government will pre-store compensation for land acquisition.

After the land is approved according to law, the pre-existing compensation fee for land acquisition shall be calculated in time according to the approval, and the overpayment shall be refunded and the underpayment shall be made.

Demolition is compensated according to the replacement cost of the building.

After the land acquisition is approved and implemented, the land and resources departments of cities and counties shall pay the compensation and resettlement fees in full and on time in accordance with the determined land acquisition compensation and resettlement plan; Should be paid to the landless farmers, should be paid directly to the individual farmers, to prevent and promptly correct the interception, misappropriation of land acquisition compensation and resettlement subsidies.

Housing demolition should be given reasonable compensation and resettlement. The outer suburbs of the city and rural areas are mainly relocated, and the housing construction on the homestead is rearranged. Demolition compensation should not only consider the houses to be demolished, but also consider the homestead to be expropriated. Housing demolition shall be compensated according to the replacement cost of buildings, and homestead expropriation shall be compensated according to local land acquisition standards.

In the urban-rural fringe and villages in the city, in principle, the construction of homestead will no longer be arranged separately, mainly in the form of monetary or in-kind compensation, and the demolished farmers will choose their own houses or resettlement houses provided by the government. The sum of the compensation and government subsidies received by the relocated farmers should ensure that they can buy a house with a reasonable living standard.

The compensation given to the expropriated person by the people's government at the city or county level that made the decision on house expropriation includes:

(1) Compensation for the value of the expropriated house;

(two) relocation compensation and temporary resettlement caused by the expropriation of houses;

(3) Compensation for losses caused by expropriation of houses.

The people's governments at the city and county levels shall formulate measures for subsidies and incentives, and give subsidies and incentives to the expropriated people.

Expropriation of individual housing, the expropriated person meets the housing security conditions, and the people's government at the city or county level that has made the decision on housing expropriation shall give priority to housing security. Specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.

If the relocation is caused by the expropriation of houses, the house expropriation department shall pay the relocation fee to the expropriated person; If the house property right exchange is selected, before the house property right exchange is delivered, the house expropriation department shall pay the temporary resettlement fee to the expropriated person or provide the revolving house.

Compensation standard

On July 20 10, the compensation standard for farmers' land expropriation was dynamically adjusted and gradually improved.

In order to ensure that the original living standards of landless farmers are not reduced and to ensure their long-term livelihood, China will dynamically adjust and gradually improve the compensation standards for farmers' land acquisition, and pay them directly to farmers in full and on time. Recently, the Ministry of Land and Resources issued the Notice on Further Improving the Management of Land Requisition, demanding that multiple measures be taken to promote the implementation of the new standards of land requisition compensation and ensure that the compensation fees are put in place.

The circular requires all localities to fully implement the unified annual output value standard of land acquisition and the comprehensive land price of each district, explore and improve the pre-position system of land acquisition compensation, and rationally allocate land acquisition compensation. Establish a dynamic adjustment mechanism for land acquisition compensation standards, adjust the land acquisition compensation standards every two to three years according to the level of economic development and the growth rate of local per capita income, and gradually improve the level of land acquisition compensation.

The Circular calls for adopting various resettlement methods, giving priority to agricultural resettlement, standardizing the resettlement of surplus land, and promoting the implementation of social security funds for landless farmers. In line with the principle of "whoever uses the land pays", all localities are encouraged to actively broaden the channels of social security funds in combination with land acquisition compensation and resettlement. If the land-expropriated farmers are included in the new rural insurance, they should also implement the social security of the land-expropriated farmers, and the social security of the land-expropriated farmers should not be replaced by the new rural insurance.

In order to do a good job in compensation and resettlement of land-expropriated farmers' house demolition, the Ministry of Land and Resources also requires resettlement before demolition, and resolutely stop and correct illegal forced demolition.

Background of legal amendment

At the beginning of 20 12, the national economic system reform work conference was held in Shenyang. The relevant person in charge of the National Development and Reform Commission said that efforts should be made to promote the reform of the land acquisition system and formulate regulations on the expropriation and compensation of rural collective land. In July this year, it was reported that the Regulations on Compensation for Rural Collective Land Expropriation formulated by the Ministry of Land and Resources had been reported to the State Council.

Before the introduction of the regulations, the land management law must be revised before the regulations can be formulated, otherwise it will not be in line with the law. Jiang Ming 'an, a professor at Peking University Law School, and Wang Xixin, a professor at Peking University Law School, both said that the adoption of the amendment (draft) "is a key step forward in the Regulations on Expropriation and Compensation of Rural Collective Land".

Yang Zaiming, head of Beijing Re-Ming, said: "The land expropriation system in China still bears the color of planned economy. With the vigorous development of market economy, political civilization and the construction of a society ruled by law, there are many imperfections in the current land expropriation system in protecting the rights and interests of landless farmers. On the basis of national conditions and provincial conditions, we should fully absorb and learn from the civilized practices of developed countries, put forward a reasonable land acquisition legal system suitable for the local area, improve the land use planning and management system, and rationally use land resources.

References:

Baidu encyclopedia-land expropriation compensation