Key points of construction land management and case 2

Master the concept, review and characteristics of land acquisition, the concept and application scope of allocated land use rights, the payment and management of land acquisition compensation, and the preparation of land acquisition plan.

Description:

Construction land management

Section 5 Management of Requisition of Construction Land

First, the concept of land requisition for national construction

Expropriation of land is a compulsory means for the state to transform collectively owned land into state-owned land in accordance with the law for the needs of public interests. Expropriation of land has the following characteristics:

(1) Land expropriation is a kind of government behavior and the exclusive power of the government.

(2) It must be approved according to law;

(3) compensatory. It is necessary to pay compensation to the owner of the expropriated land, and the surplus labor force must be resettled;

(4) mandatory.

(5) Transfer of ownership.

(6) Land expropriation must be open and subject to public supervision.

Second, the examination and approval of land expropriation

Land requisition shall be subject to two-level examination and approval systems of the State Council and provincial people's governments.

The State Council's approval authority is as follows:

(1) basic farmland;

(two) the cultivated land outside the basic farmland exceeds 35hm2;

(3) Other land exceeding 70hm2.

Other land uses 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. In the examination and approval of land requisition, if you want to requisition agricultural land, you must first apply for agricultural land conversion, or at the same time apply for approval of agricultural land conversion.

For example. Requisition of land requires the State Council's approval (AC).

A. It occupies 2 mu of basic farmland. B. Other land 1000 mu.

C. 600 mu of cultivated land other than basic farmland D. 700 mu of unused land.

Examples. Requisition of land requires the State Council's approval.

A. basic farmland B. cultivated land other than basic farmland reaches 35 hectares

C. other land exceeds 70 hectares. D. cultivated land other than basic farmland exceeds 35 hectares.

Three. Land requisition compensation and resettlement

Land requisition compensation and resettlement includes land compensation fee, resettlement subsidy, ground attachments and young crops compensation fee, etc.

(1) Land compensation fee

1. The concept of land compensation fee

Land compensation fee is the money paid to the expropriated land and the original land users when the country expropriates land for construction. Its essence is compensation for farmers' long-term investment in expropriated land.

For example. The essence of land compensation fee is (c).

A. Market price of land

B. Transfer price of land use right

C. Compensation for farmers' long-term investment in expropriated land

D. Full land price

2. Calculation of land compensation fee

The compensation for requisition of cultivated land is 6- 10 times of the average annual output value of the cultivated land in the three years before requisition. If the land compensation fees paid according to the above standards cannot maintain the original living standards of farmers who need to be resettled, 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 in the three years before land acquisition. According to the level of social and economic development, under special circumstances, the State Council can raise the standards of land compensation and resettlement subsidies for requisitioned cultivated land.

3 new vegetable development and construction fund fee collection standards

Vegetable fields refer to commercial vegetable fields and excellent fish ponds that supply vegetables to urban residents in urban suburbs and grow vegetables or raise fish and shrimp for more than three consecutive years.

For cities with an urban population of over one million (excluding suburban population, only referring to non-agricultural population in urban and suburban areas, the same below), 7000-L (1) 00 yuan will be paid for each acre of vegetable land requisitioned. Cities with an urban population of 500,000-654.38+00,000 will pay 3,000-5,000 yuan for each 654.38+0 mu of vegetable land requisitioned. In counties under the jurisdiction of Beijing, Tianjin and Shanghai, vegetable fields requisitioned for supplying vegetables to residents of municipalities directly under the Central Government are also paid according to this standard. For cities with an urban population of less than 500,000, the subsidy is 3,000-5,000 yuan per mu. Land requisition for construction projects in the same city, central and local governments shall be charged according to the same standard.

(2) Resettlement subsidy

1. The concept of resettlement subsidy

The so-called resettlement subsidy refers to the amount of subsidy paid by the land-using unit to resettle the surplus labor generated by land acquisition.

2. Calculation of resettlement subsidy

The resettlement subsidy standard for requisitioned cultivated land shall be calculated according to the number of agricultural population to be resettled. The number of agricultural population to be resettled shall be calculated by dividing the number of cultivated land requisitioned by the average number of cultivated land occupied by each land-expropriated unit before land requisition. The resettlement subsidy standard for each agricultural population in need of resettlement is 4-6 times of the average annual output value of the cultivated land in the three years before expropriation, but the resettlement subsidy per mu of cultivated land shall not exceed 15 times of its annual output value. The specific calculation formula is as follows:

Resettlement subsidy = average annual output value of expropriated cultivated land in the first three years × compensation multiple

Under special circumstances, when the calculated compensation and resettlement expenses cannot maintain the original living and production level, the standards may be appropriately raised 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 annual output value.

3. Resettlement of surplus labor force

The main resettlement measures in the future are to support the land-expropriated units to engage in agricultural development, set up enterprises or adopt monetary resettlement or self-employment.

At present, there are mainly the following ways to resettle the land-expropriated personnel:

(1) Arrange qualified personnel to work in construction land units or other units that need employment. If the construction unit is responsible for resettlement, the construction land unit may be exempted from the compensation fee for land acquisition and resettlement, otherwise the corresponding resettlement subsidy will be transferred to the receiving unit.

(2) The amount of resettlement subsidy is paid to those who need resettlement, and they can find jobs by themselves. However, rural collective economic organizations and villagers' committees shall sign agreements with self-employed.

(3) the collective economic organization of the expropriated land is responsible for resettlement, and the resettlement compensation fee is used and managed by the organization. Where conditions permit, the collective economic organization will recover the new land and redistribute it to the landless farmers, and the two sides will sign an agreement through coordination.

(4) Large and medium-sized construction projects or contiguous land acquisition, in conditional areas, according to unified planning, a certain proportion of land use rights can be set aside from the expropriated land and handed over to the expropriated units and farmers to support their development, operation and establishment of enterprises. The required land acquisition costs shall be borne by the expropriated unit.

(5) Land for large-scale water conservancy and hydropower projects is public welfare, and generally covers a large area. In the process of land acquisition, in addition to solving the problem of compensation and resettlement, it is also necessary to solve the problem of resettlement. The resettlement of water conservancy and hydropower construction land should be based on the principle of local resettlement, first township and then county; If it cannot be placed in a township or county, it should be placed where the project benefits; If it is impossible to resettle in the beneficiary area, it can be resettled in accordance with the principle of voluntary coordination. Immigrants who voluntarily visit relatives and friends shall negotiate with the place of emigration, sign an agreement and go through the relevant formalities. Immigrants shall pay the corresponding land compensation fees and resettlement subsidies to the people's government of the resettlement place to make overall arrangements for the production and life of the immigrants, and the resettled immigrants shall not move back without authorization.

(6) Transfer the state-owned farm land to the land-expropriated unit.