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Interim Regulations of People's Republic of China (PRC) Municipality on Compensation for Land Requisition and Demolition
In order to meet the needs of economic construction, build a more beautiful and peaceful home for the people, facilitate transportation, give full play to the convenience of modern means of transportation, shorten the distance in remote areas in time, and realize the integration of urban and rural areas, and hope that the broad masses of the people will support and cooperate, these regulations are formulated.
(1) Compensation for land expropriation
1? Compensation standard for cultivated land expropriation?
The average compensation for dry land is 53,000 yuan per mu. ?
The average compensation for paddy fields is 90,000 yuan per mu. ?
The average compensation per mu for vegetable fields is 6.5438+0.5 million yuan. ?
2? Collection of basic farmland compensation standards?
The average compensation for dry land is 58,000 yuan per mu. ?
The average compensation for paddy fields is 99,000 yuan per mu. ?
The average compensation per mu for vegetable fields is 6.5438+0.56 million yuan. ?
3? The average compensation per mu for requisition of forest land and other agricultural land is 6,543,800 yuan+0,380 yuan. ?
4? The average compensation per mu for expropriation of industrial and mining construction land, villagers' houses, roads and other collective construction land is 6.5438+0.36 million yuan. ?
5? Expropriation of Kucheji, barren hills, wasteland, wasteland, waste ditch and unused land, the average compensation per mu is 2 1 10,000 yuan.
(2) Other taxes and fees?
1? Farmland occupation tax is calculated by 2 yuan per square meter. ?
2? The commodity vegetable development and construction fund is calculated at per mu 1 10,000 yuan. ?
3? The land acquisition management fee is calculated at 3% of the total land acquisition cost. By the land and resources department in strict accordance with the relevant provisions. ?
4? The balance of cultivated land occupation and compensation is 4000 yuan per mu, which is used as a whole, and the Provincial Department of Land and Resources is responsible for supervision and acceptance.
(3) land acquisition procedures?
1? Notify land requisition. Before the land acquisition is submitted for approval according to law, the local land and resources department shall inform the rural collective economic organizations and farmers who have been expropriated in writing of the purpose, location, compensation standard and resettlement method of land acquisition. After being informed, all the land-expropriated rural collective economic organizations and farmers planted, planted and built the ground attachments and young crops on the expropriated land without compensation. ?
2? Confirm the results of land acquisition survey. The department of land and resources shall, jointly with the departments of transportation and forestry, investigate the ownership, type and area of the land to be requisitioned and the ownership, type and quantity of the ground attachments, and the survey results shall be confirmed with the rural collective economic organizations, farmers and the owners of the ground attachments, and the city relocation office. ?
3? Organize land requisition hearings. Before the land requisition is submitted for approval according to law, the land and resources department shall inform the rural collective economic organizations and farmers that they have the right to apply for a hearing on the compensation standards and resettlement methods of the expropriated land. If a party applies for a hearing, it shall organize a hearing in accordance with the procedures and relevant requirements stipulated in the Provisions on Hearing of Land and Resources. ?
4? Sign a land acquisition compensation agreement. The land and resources department shall, in accordance with the compensation standards formulated in this plan, sign a land acquisition compensation agreement with the rural collective economic organizations and individual farmers whose land has been expropriated, and report the agreement together with the land acquisition amount as an essential content of the land acquisition report. ?
5? Approval of public land requisition. Land approved for expropriation according to law shall be publicized to the public by the Provincial Department of Land and Resources through the media, except for special circumstances such as state secrecy provisions. County (city) land and resources departments shall, in accordance with the provisions of the measures for the announcement of land acquisition, announce the approval of land acquisition in the village and group where the land is expropriated. ?
6? Pay compensation and resettlement fees for land acquisition. After the land requisition compensation and resettlement plan is approved by the municipal and county governments, the land requisition compensation and resettlement fees shall be paid to the requisitioned rural collective economic organizations on time in accordance with the time limit prescribed by law. Local land and resources departments should cooperate with relevant departments of agriculture and civil affairs to supervise the distribution and use of compensation and resettlement fees for land acquisition within collective organizations. ?
(4) What is the compensation standard for buildings above ground?
1? Housing compensation standard?
The compensation for buildings (above the second floor) is 3300 yuan per square meter. ?
The compensation standard for rammed (pre-) brick concrete structure houses is 2800 yuan per square meter. ?
Brick and tile houses are compensated for 2400 yuan per square meter. ?
Compensation per square meter for flat (grass) houses 1900 yuan. ?
2? Compensation standard for other above-ground (below) attachments?
The warehouse shall compensate 920 yuan per square meter. ?
Outdoor cement ground compensation per square meter 165 yuan. ?
The biogas digesters each compensate 4600 yuan. ?
Toilet compensation per square meter 190—300 yuan. ?
The compensation per square meter for pigsty and chicken coop is 150—260 yuan. ?
The compensation per square meter for plastic greenhouse is 165—280 yuan. ?
Compensation per square meter for vegetable cellar180-330 yuan. ?
Compensation for each meter extension of masonry wall 190 yuan. ?
Grating (including process grating) compensates 450 yuan per linear meter. ?
The gatehouse pays 2400 yuan each. ?
Compensation for drinking water wells (including hydraulic equipment) per eye 1000 yuan. ?
Compensation per eye for irrigation and drainage wells (including pumping equipment) in rural houses 15000 yuan. ?
Irrigation and drainage wells (including equipment) each eye compensation of 30 thousand yuan. ?
Drainage pipes (plastic pipes, cast iron) are compensated for 80- 150 yuan per linear meter. ?
Telephone transfer subsidies for each household in 200 yuan. ?
Cable TV migration subsidies to every household in 300 yuan. ?
The compensation for each grave is 5000 yuan.
3? Resettlement subsidies (including homestead, supporting facilities, rental fees, etc.). ) It's 20,000 yuan per household.
(5) Compensation standard for forest expropriation?
1? Forest compensation standard?
(1) compensation for poplar, willow, elm and locust trees?
1-3 years average compensation of 6000 yuan per mu; ?
4- 13, average compensation per mu 12000-36000 yuan; ?
14-20 years, with an average compensation of 60,000-80,000 yuan per mu; ?
2 1 year, with an average compensation of 32,000 yuan per mu. ?
(2) Oak compensation fee?
1-3 years average compensation per mu 1.2 million yuan; ?
Average compensation per mu for 4-20 years18,000-30,000 yuan; ?
2 1-50 years, with an average compensation of 44,000-60,000 yuan per mu; ?
5 1 year, with an average compensation of 24,000 yuan per mu. ?
(3) Korean pine compensation fee?
1-3 years average compensation per mu 1.2 million yuan; ?
The average compensation per mu for 4-20 years is 20000-3 1000 yuan; ?
2 1-40 years, with an average compensation of 56,000-62,000 yuan per mu; ?
4 1-70 years, and the average compensation per mu 168000 yuan; ?
7 1 year, average compensation per mu126,000 yuan. ?
(4) Compensation fee for larch forest?
1-3 years average compensation per mu150,000 yuan; ?
Average compensation per mu for 4-20 years 180000-250000 yuan; ?
2 1-50 years, with an average compensation of 60,000-130,000 yuan per mu; ?
5 1 year, and the average compensation per mu is 1 10000 yuan. ?
2? Compensation standard for trees in front of and behind villagers' houses?
Ordinary trees (willow, elm, locust, etc. )?
Young forests (1-10 years old) are compensated by 35-65 yuan per tree on average; ?
The average compensation for middle-aged forest (1 1-20 years old) is 220-300 yuan per tree; ?
Mature forests (more than 2 1 year) compensate 350 yuan on average. ?
3? Forest vegetation restoration fee?
Timber forest, economic forest, firewood forest and nursery land per mu 120000 yuan; ?
The undeveloped forest is 86,600 yuan per mu; ?
Shelterbelt and special-purpose forest are 63,360 yuan per mu, and national key shelterbelts and special-purpose forests are 76,670 yuan per mu; ?
Sparse woodland and shrub land are 50,000 yuan per mu; ?
Suitable forest land, suitable logging land and suitable burning land are 43,340 yuan per mu. ?
4? The forestry design fee is charged at 3% of the sum of forest land, trees and forest vegetation restoration fees. ?
(6) Compensation standard for fruit trees?
1? Apple tree?
The average compensation per plant during the cultivation period (1-5 years) 150-220 yuan; ?
In the first fruiting period (6-8 years), the average compensation per plant is 300-450 yuan; ?
In the full fruit period (9-25 years), the average compensation per plant is 600- 1800 yuan; ?
The average compensation for each plant with a fruit decay period of more than 26 years is 900 yuan. ?
2? pear
During the cultivation period (1-5 years), the average compensation per plant was 45- 120 yuan; ?
The first fruiting period (6-8 years), the average compensation per plant 150-300 yuan; ?
The average compensation per plant in the full fruit period (9-25 years) is 1900-2200 yuan; ?
If the fruit declines for more than 26 years, the average compensation per plant is 1.200 yuan. ?
3? Peach tree?
During the cultivation period (1-3 years), the average compensation per plant is 45-90 yuan; ?
The first fruiting period (4-8 years), the average compensation per plant 150-280 yuan; ?
In the full fruit period (9-20 years), the average compensation per plant is 350-680 yuan; ?
When the rotting period of fruit exceeds 2 1 year, each plant will compensate 280 yuan on average. ?
4? Grape tree?
During the cultivation period (1-2 years), the average compensation per plant is 30-55 yuan; ?
In the first fruiting period (3-5 years), the average compensation per plant was 40- 150 yuan; ?
Full fruit period (6- 1 1 year), average compensation per plant 150-330 yuan; ?
Fruit decline 12 years or more, average compensation per plant 190 yuan. ?
5? Jujube tree?
During the cultivation period (1-3 years), the average compensation per plant is 30-80 yuan; ?
In the first fruiting period (4-8 years), the average compensation per plant was 50- 120 yuan; ?
In the full fruit period (9-30 years), the average compensation per plant is 520- 130 yuan; ?
When the decay period of fruit exceeds 3 1 year, each plant will compensate 680 yuan on average. ?
Six apricot trees
During the cultivation period (1-3 years), the average compensation per plant was 45- 185 yuan; ?
In the first fruiting period (4-7 years), the average compensation per plant was 200-3 10 yuan; ?
In the full fruit period (8-35 years), the average compensation per plant is 500- 1600 yuan; ?
The average compensation for each plant with a fruit decay period of more than 36 years is 980 yuan.
chestnut
During the cultivation period (1-4 years), the average compensation per plant is 45-95 yuan; ?
The first fruiting period (5-7 years), the average compensation per plant 190-2 10 yuan; ?
In the full fruit period (8-35 years), the average compensation per plant is 50- 1600 yuan; ?
The average compensation for each plant with a fruit decay period of more than 36 years is 860 yuan. ?
8 miscellaneous fruit trees?
During the cultivation period (1-3 years), the average compensation per plant is 25-50 yuan; ?
In the first fruiting period (4- 10 year), the average compensation per plant was 80- 130 yuan; ?
Full fruit period (1 1-25 years), average compensation per plant 130-280 yuan; ?
If the fruit declines for more than 26 years, the average compensation per plant is 140 yuan. ?
(7) Compensation standard for relocation of power facilities?
1? The relocation compensation for low-voltage lines (0.4 kV) is 30,000 yuan per kilometer; Average height of wooden poles for lines 1 1,000 yuan, average height of concrete poles 1, 500 yuan (including hardware, lines, land occupation and taxes). ?
2? The relocation of high-voltage lines (10KV) will be compensated by 47,000 yuan per kilometer; The average height of single concrete pole of the line is 6000 yuan, and the average height of H concrete pole is 8000 yuan (including hardware, line, land occupation, taxes and fees). ?
3? Heightening of high-voltage lines (66KV): the average single concrete pole is 5,500 yuan, the average concrete H pole is 8,000 yuan, the average concrete A pole is 10000 yuan, and the average iron tower is 10000 yuan (including hardware, lines, land occupation and taxes). ?
4? Heightening of high-voltage lines (above 220KV): the average concrete twin-tower foundation is 20,000, and the average iron tower foundation is 200,000 (including hardware, wiring, land occupation, taxes and other expenses). ?
(8) Compensation standard for relocation of post and telecommunications facilities?
1? Telephone line?
Each wooden pole (including cross-arm porcelain bottle, etc.). ) the average is 1000-2000 yuan; ?
Each concrete pole (including cross-arm porcelain insulator, etc.). ) The average is 1500-3000 yuan. ?
2? Overhead optical (electric) cable?
Average 500 yuan per wood pole; ?
Average per concrete pole 1000 yuan; ?
Optical (electric) cables are 50- 150 yuan per meter. ?
3? Underground cable?
Cable and optical cable per meter 100-200 yuan. ?
(9) Compensation standard for relocation of farmland water conservancy facilities?
Adopt the principle of combining engineering repair with compensation, and make appropriate compensation according to the cost price. ?
1? Small rural reservoirs?
Reservoir surface compensation (for irrigation and aquaculture) per mu 19000 yuan; ?
Reservoir water surface (irrigation) compensation per mu 16000 yuan; ?
Compensation for 300 yuan per mu of reservoir wasteland. ?
2? Farmland water conservancy facilities?
Compensation for each small gate (concrete structure) 15000-20000 yuan; ?
80 yuan is compensated for every linear meter of irrigation and drainage main canal dam.
(10) compensation standard for relocation of factories, mines, enterprises and institutions?
The relocation of state-owned and collective factories, mines, enterprises and institutions should consider the actual losses and give appropriate compensation. The office building refers to the relocation standard of private houses; Factory buildings and other production facilities are calculated according to replacement depreciation, and the loss expenses of production suspension and relocation are properly considered. ?
(1 1), compensation standard for construction transportation road?
All rural transport roads delineated by the project construction shall be maintained by the construction unit during the construction period, and repaired by the municipalities according to the compensation standard after the project is completed. ?
Rural highway (asphalt pavement) will be compensated 200,000-350,000 yuan per kilometer, depending on the difficulty of taking materials and the width of the pavement. ?
Rural highway (gravel road) compensation of 90 thousand yuan per kilometer. ?
Rural roads (dirt roads) are compensated for 40,000 yuan per kilometer.
(12) compensation standards for rural roads and field roads?
Considering the needs of farmers' production and life, if it is really necessary to build rural highway connecting lines and field operation roads, the municipalities shall organize the implementation according to the compensation standards. ?
The compensation for the village road connecting line (gravel pavement) is 6.5438+0.2 million yuan per kilometer (including land acquisition costs and simple structures). ?
Rural highway connecting lines and field operation roads are compensated 80,000 yuan per kilometer.
(13) Unforeseen expenses for land acquisition and demolition.
Calculated by 5% of the total cost approved in the signed compensation investment agreement for land acquisition and demolition. Unforeseen expenses are used by the construction unit, mainly to compensate for the expansion of land acquisition scope and the demolition of ground attachments caused by engineering design changes;
Accidental compensation for demolition of underground structures not included in the project design and not included in the land acquisition and demolition agreement; Compensation for unforeseen projects such as national policy adjustment and irresistible earthquake disasters. Unforeseen projects involving land acquisition must be approved by the Provincial Communications Department and the Provincial Department of Land and Resources. ?
(fourteen), the city demolition management fees?
According to the 3% of the total cost approved in the demolition compensation investment agreement signed by various provinces and cities. ?
Municipalities' demolition offices are temporary institutions, which are mainly responsible for dismantling the above-ground and underground attachments and coordinating the local work of expressway construction projects. City relocation office should be used in strict accordance with the relevant provisions, and shall not overspend. ? (15) calculation method of compensation for expressway land occupation-forest land compensation fee
First, the calculation method of nursery compensation
Nursery compensation fee = average annual output value of nursery in the first three years (hectare) × nursery area (hectare )× compensation multiple.
Note: Compensation coefficient = temporary land occupation (meaning the occupation period is less than two years, the same below) 2.5-5 times a year; Permanent occupation (meaning occupation period of more than three years, the same below) is 10-25 times.
Calculation method of compensation fee for other state-owned forest land (excluding nursery land)
Other forest land compensation fee = average annual output value of cultivated land in the township (town) (hectare) × forest land area× forest species compensation coefficient.
Calculation method of compensation for permanent occupation of other collective forest land (excluding nursery land)
Compensation for permanent occupation of other collective forest land = average annual output value of dry land in the township (town) (hectare) × forest land area× compensation multiple (6 to 10)
Calculation method of compensation for temporary occupation of other collective forest land (excluding nursery land)
Compensation for temporary occupation of collective other forest land = average output value of dry land in the township (town) in the first three years (hectare) × forest land area × compensation multiple (occupation period is 1.5- 3 times,
Five times the occupation period of two years)
(sixteen) the demolition of poor households and disabled people who have lost their ability to work and have no source of income shall be taken care of by the demolition according to the following provisions:
1. If the monetary compensation for demolition is less than 55,000 yuan, the residents who hold a valid "Minimum Living Guarantee Certificate for Urban Residents" will be given monetary compensation of 55,000 yuan.
2, for a valid "minimum living guarantee certificate for urban residents", the "People's Republic of China (PRC) * * * and China Disabled witnesses" held by them indicate the disability standard.
First-and second-grade hearing, language, physical disability and visual, intellectual and mental disability will be given a subsidy of 1 10,000 yuan on the basis of Article 1.
(seventeen) for special circumstances, according to the relevant provisions, according to the current local market price, the relevant departments of the province and city held a hearing, and negotiated with the owners.
(18) Economic construction is a livelihood project. It is necessary to gain people's understanding and support and create an atmosphere in which all people build their homes together. Shall not be enforced. If there is a threat of violence or intimidation of the masses, the responsibility of the responsible official shall be directly investigated.
These Regulations shall come into force on March 20 1 year 1 day.
Chairman People's Republic of China (PRC): Hu Jintao
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