What is the compensation standard for requisitioning leased land?

The compensation standard for rural land expropriation consists of land compensation fee, resettlement subsidy and young crop compensation fee.

I. Land compensation standards

How is the land compensation fee for land requisition calculated? The land compensation fee is generally six to ten times the average annual output value of the cultivated land in the three years before it is requisitioned.

Second, land acquisition and resettlement subsidy standards

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.

Third, the young crops compensation standard

For the newly sown crops, the production cost will be compensated by one third of the quarterly output value. For growing crops, the maximum compensation is based on the output value in the first quarter. Crops, oilseeds and tender vegetables that can be harvested will not be compensated.

Perennial economic trees should be transplanted as far as possible, and the land use unit should pay the transplant fee; Can not be transplanted and must be cut down, the land unit should be compensated according to the actual value. For timber trees, the owner of the tree will cut them down for free.

Four, other attachments compensation standard

Land requisition needs to relocate railways, highways, high-voltage power lines, communication lines, broadcasting lines, etc. , and need to negotiate with relevant departments according to the specific situation, prepare the investment estimate, and include it in the preliminary design estimate for approval. Compensation for the demolition of farmland water conservancy facilities and other supporting buildings, wells, artificial fish ponds, farms, graves, toilets, pigsty, etc. Payment shall be made according to relevant standards.

Extended data:

I. Law

From the connotation of expropriation, we can see its legal characteristics: first, land expropriation is legal, and according to the principle of administrative legality, it must comply with the provisions of laws and administrative regulations and follow certain legal procedures;

Secondly, land expropriation is mandatory. Expropriation is an act that the state forcibly obtains other people's land ownership, without the consent of the expropriated person. Thirdly, land expropriation is public welfare, that is, land expropriation must conform to the public interest.

(a) the main body of land requisition for national construction must be the state. Specifically, the state authorizes the people's governments at or above the county level to exercise the right of expropriation. Land requisition itself is a specific administrative act of the government and has obvious administrative compulsory nature;

(2) The purpose and premise of land expropriation is to meet the needs of national interests, and land compensation is a necessary condition.

Two, land acquisition compensation is divided into three types, namely, land compensation, resettlement subsidies and ground attachments and young crops compensation.

1. The land compensation fee for requisitioned land is six to ten times the average annual output value of the cultivated land in the three years before expropriation.

2. The resettlement subsidy for land requisition shall be 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.

3. Compensation fees for attachments and young crops on land requisition are divided into compensation standards for young crops and compensation standards for other attachments.

① Young crop compensation standard: the newly sown crops will be compensated for the production cost by one third of the quarterly output value. For growing crops, the maximum compensation is based on the output value in the first quarter. Crops, oilseeds and tender vegetables that can be harvested will not be compensated.

Perennial economic trees should be transplanted as far as possible, and the land use unit should pay the transplant fee; Can not be transplanted and must be cut down, the land unit should be compensated according to the actual value. For timber trees, the owner of the tree will cut them down for free.

(2) Compensation standard for other attachments: when railways, highways, high-voltage lines, communication lines and broadcasting lines are relocated. For land expropriation, it is necessary to consult with relevant departments according to the specific situation, prepare investment estimates, and include them in the preliminary design estimates for approval.

Compensation for the demolition of farmland water conservancy facilities and other supporting buildings, wells, artificial fish ponds, farms, graves, toilets, pigsty, etc. Payment shall be made according to relevant standards. Land units that occupy cultivated land for building houses or engage in other non-agricultural construction shall pay cultivated land occupation tax in accordance with the Provisional Regulations of the People's Republic of China on Farmland Occupation Tax.

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