Job Recruitment Website - Ranking of immigration countries - The rented house has been decorated by itself. Now that the government wants to expropriate land, can I get compensation?
The rented house has been decorated by itself. Now that the government wants to expropriate land, can I get compensation?
In the past, when local governments formulated land acquisition standards, they often calculated the annual output value according to the plots, so as to determine the multiple of the annual output value, which caused problems such as different prices in the same place and damaged the interests of some landless farmers. In order to protect the legitimate rights and interests of farmers whose land has been expropriated, so that their original living standards will not be lowered, the Ministry of Land and Resources recently issued the Guiding Opinions on Improving the Compensation and Resettlement System for Land Expropriation, which determined the compensation standards for land expropriation.
According to this guidance, the Provincial Department of Land and Resources will, jointly with relevant departments, formulate the minimum unified annual output value standard of cultivated land in counties (cities) throughout the province, which will be promulgated and implemented after being approved by the provincial people's government. To formulate a unified annual output value standard, we must consider the types and quality of cultivated land, farmers' investment in land, agricultural product prices, agricultural land grades and other factors.
The multiple of the unified annual output value of land compensation fees and resettlement subsidies shall be determined within the scope prescribed by law in accordance with the principle of ensuring that the original living standards of landless farmers are not reduced; If the compensation and resettlement expenses for land acquisition calculated according to the multiple of the statutory unified annual output value cannot make the landless peasants maintain their original living standards and are insufficient to pay the social security expenses for the landless peasants, the multiple may be increased with the approval of the provincial people's government; The total land compensation fee and resettlement subsidy is calculated at 30 times, which is not enough to make the landless peasants maintain their original living standards. The local people's government will make overall arrangements and set aside a certain proportion of the proceeds from the paid use of state-owned land to give subsidies. If the occupation of basic farmland is approved according to law, the compensation for land acquisition shall be implemented according to the highest compensation standard announced by the local people's government.
Conditional areas, the Provincial Department of Land and Resources can, jointly with relevant departments, formulate comprehensive land prices of counties (cities) in the province, which will be promulgated and implemented after being approved by the provincial people's government, and the compensation for land acquisition will be implemented. The formulation of comprehensive land price should consider factors such as land type, output value, land location, agricultural land grade, per capita cultivated land quantity, land supply and demand, local economic development level and minimum living security level for urban residents.
According to the principle that land compensation fees are mainly used for landless farmers, land compensation fees should be reasonably distributed within rural collective economic organizations. The specific distribution measures shall be formulated by the provincial people's government. If all the land is expropriated and the rural collective economic organizations are revoked, the land compensation fee shall be fully used for the production and living resettlement of landless farmers.
According to the relevant person in charge of the Ministry of Land and Resources, the rectification of the land market since last year shows that some places have occupied farmland indiscriminately regardless of their own reality, and some low-level repeated construction projects have caused many farmers to lose their land. In some places, the financial situation is tight, and the compensation and resettlement standards are simply lowered, and even the compensation and resettlement fees for landless farmers are in arrears. During the land market rectification, the arrears, interception and misappropriation of farmers' compensation for land acquisition were cleared up to 654.38+04.77 billion yuan. At present, all localities are stepping up debt repayment. (Reporter Zhang Xiaosong)
Ministry of Land and Resources: Land-using units should give priority to the employment of landless farmers.
According to the "Guiding Opinions on Perfecting the Compensation and Resettlement System for Land Requisition" recently issued by the Ministry of Land and Resources, under the same conditions, land-using units should give priority to the employment of land-expropriated farmers, so that their long-term livelihood can be guaranteed.
According to the relevant person in charge of the Ministry of Land and Resources, the current law does not put forward specific resettlement methods for landless farmers. In order to make the land-expropriated farmers truly share the fruits of industrialization and urbanization and ensure their long-term livelihood, the Guiding Opinions on Improving the Compensation and Resettlement System for Land Expropriation clearly stipulates that according to different situations, the land-expropriated farmers should be resettled in agricultural production, re-employed, share dividends and resettled in different places, which greatly broadens the resettlement channels.
Specifically, to expropriate farmers' collective land outside the urban planning area, it is necessary for landless farmers to cultivate their own land and continue to engage in agricultural production by using rural collective motor land, contracted land voluntarily returned by contracted farmers, contracted land circulation and land development and consolidation.
In the urban planning area, the local people's government should incorporate the landless peasants into the urban employment system and establish a social security system. In addition, relevant local governments should actively create conditions to provide free labor skills training for landless farmers and arrange corresponding jobs. Under the same conditions, land units should give priority to the employment of landless farmers.
For the project land with long-term stable income, on the premise of farmers' voluntary, the rural collective economic organizations whose land has been expropriated may, after consultation with the land-using units, take shares in compensation for land acquisition and resettlement fees, or take shares in the approved land use right of construction land. Rural collective economic organizations and farmers get benefits in the form of preferred shares through contracts.
If the local land is really unable to provide basic production and living conditions for the landless farmers, the government can organize the implementation of resettlement in different places on the premise of fully soliciting the opinions of the landless rural collective economic organizations and farmers. (Reporter Zhang Xiaosong)
The state protects the right to know of rural collective economic organizations and farmers whose land has been expropriated.
The "Guiding Opinions on Improving the Compensation and Resettlement System for Land Requisition" recently issued by the Ministry of Land and Resources clearly stipulates that legal procedures must be strictly implemented in the process of land expropriation, especially to protect the right to know of rural collective economic organizations and farmers whose land has been expropriated.
According to the guidance, before the land acquisition is submitted for approval according to law, the local land and resources department should inform the rural collective economic organizations and farmers in writing of the purpose, place, compensation standard and resettlement method of land acquisition. However, after being told, 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.
The local land and resources department shall investigate the ownership, type and area of the land to be requisitioned and the ownership, type and quantity of the ground attachments, and the investigation results shall be confirmed with the rural collective economic organizations, farmers and the owners of the ground attachments.
Before the land requisition is submitted for approval according to law, the local 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.
Except for special circumstances such as state secrecy regulations, the Ministry of Land and Resources and the provincial land and resources departments publicize the approval of land acquisition to the public through the media. The land and resources department of the county (city) 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.
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