Compensation standard for land acquisition of agricultural cultivated land in Huopai Town, Xiangyang District, Xiangfan City

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Notice of the Municipal People's Government on printing and distributing the measures for compensation and resettlement for land acquisition in Xiangfan City

Xiangfan Zhengfa [2005] No.21

Notice of the Municipal People's Government on printing and distributing the measures for compensation and resettlement for land acquisition in Xiangfan City

County (city), District People's government, Development Zone Management Committee, municipal government departments:

The measures for compensation and resettlement for land acquisition in Xiangfan are hereby printed and distributed to you, please follow them.

Press release of 23 May 2005

Measures of Xiangfan Municipality on Compensation and Resettlement for Land Requisition

Chapter I General Provisions

Article 1 In order to further strengthen land acquisition management, effectively protect the legitimate rights and interests of land-expropriated farmers, properly resettle the production and life of land-expropriated farmers, guarantee the land for urban economic construction, accelerate the economic development of Xiangfan and maintain social stability, according to the Land Administration Law of the People's Republic of China, the Measures for the Implementation of Land Management in Hubei Province, the Decision of the State Council on Deepening Reform and Strict Land Management (Guo Fa [2004] No.23) and the Provincial People's Government on further strengthening land acquisition management and effective protection.

Article 2 The term "expropriation of land" as mentioned in these Measures refers to the act that the state expropriates the land collectively owned by farmers (including suburban residents, hereinafter referred to as farmers) as state-owned land according to the needs of social and economic development and the implementation of urban planning, and compensates rural collective economic organizations (including suburban residents' committees, hereinafter referred to as rural collective economic organizations) and farmers according to law.

Article 3 These Measures shall apply to the expropriation of land collectively owned by farmers for non-agricultural construction in Xiangfan City (including Xiangcheng District, fancheng district and Hi-tech Industrial Development Zone). Compensation standards for land requisition and resettlement measures for large and medium-sized water conservancy and hydropower projects shall be implemented in accordance with the relevant provisions of the State Council and the provincial government. Where there are other provisions on land requisition compensation and resettlement standards for highway and railway traffic construction projects, oil and natural gas pipeline construction projects and important infrastructure such as airports and ports, those provisions shall prevail.

Fourth city land and resources administrative departments responsible for urban land acquisition management.

Fifth land acquisition must conform to the overall land use planning and urban construction planning, and according to the recent urban planning and construction layout, the implementation of centralized land acquisition and development and construction.

If it is really necessary to change the overall land use planning for important infrastructure land approved by the State Council and the provincial government, it shall first modify the overall land use planning and report it to the original approval authority for approval, and then go through the formalities for examination and approval of agricultural land conversion and expropriation according to law.

Chapter II Compensation Standards for Land Requisition

Sixth expropriation of land collectively owned by farmers, land acquisition compensation shall be paid to the land-expropriated units in accordance with the law. Compensation for requisition of cultivated land includes land compensation fee, resettlement fee and compensation fee for attachments and young crops on the ground.

Article 7 The standard of land compensation fee and resettlement subsidy is the comprehensive price of each district, that is, considering the land type, output value, per capita cultivated land quantity, location, agricultural land grade, land supply and demand, economic development level and the minimum living security level of urban residents, the urban land is divided into five grades, and the comprehensive price of each grade is formulated (see Annex 1).

Article 8 The average annual output value of cultivated land in the first and second urban areas is determined as 1.700 yuan/ Mu (vegetable base 2200 yuan/mu, dry land and paddy field 65438 yuan +0.200 yuan/mu), third and fourth urban areas 65438 yuan +0.400 yuan/mu (vegetable base 65438 yuan +0.600 yuan/mu).

Article 9 Considering the reality of the compensation standard for urban land expropriation, in addition to calculating the compensation standard for land expropriation according to the average annual output value of cultivated land, the compensation fee for the expropriated land in the urban planning area should be appropriately increased according to the location conditions (see Annex I for specific standards).

Tenth land compensation fees, resettlement subsidies and young crops compensation fees are calculated according to the following methods:

(1) Land compensation fee. After land acquisition, if the per capita arable land area of rural collective economic organizations is more than 0.8 mu, the land compensation fee shall be calculated according to 8 to 10 times of the annual output value specified in Article 8 of these Measures; After land acquisition, if the per capita arable land area is less than 0.8 mu, the land compensation fee shall be calculated according to 10 times of the annual output value specified in Article 8 of these Measures.

If other land with income is requisitioned, the land compensation fee shall be calculated at 5 times of the annual output value of the dry land where it is located; If other non-income land is requisitioned, the land compensation fee shall be calculated at 4 times of the annual output value of the dry land where it is located; Expropriation of rural homestead is calculated according to the compensation standard of local cultivated land resettlement;

(2) Subsidies for resettlement. Subsidies for cultivated land resettlement are calculated according to the number of agricultural population resettled by requisitioned land. The number of land-expropriated agricultural population that needs to be resettled shall be calculated according to the number of cultivated land expropriated divided by the number of cultivated land occupied by the rural collective economic organizations before land expropriation. The standard of resettlement subsidy for each agricultural population whose land is expropriated and needs to be resettled is determined as: level I and level II lots10.20 million yuan, level III and level IV lots10.65 million yuan, and level V lots10.00 million yuan.

Requisition of other profitable land, the resettlement subsidy standard is calculated according to half of the local farmland resettlement subsidy standard; Requisition of other non-profitable land, without paying resettlement subsidies;

(3) According to the per capita cultivated land situation of rural collective economic organizations before land expropriation, the sum of land compensation fee and resettlement subsidy for cultivated land is not less than 16 times of output value, and the maximum is not more than 25 times. If the payment of land compensation fees and resettlement subsidies according to the aforementioned standards cannot make the landless peasants maintain their original living standards and is not enough to pay the social security expenses of the landless peasants, with the approval of the provincial people's government, the compensation multiple shall be increased and the resettlement subsidies shall be increased; The total land compensation fee and resettlement subsidy is calculated at 30 times of the output value, which is not enough to maintain the original living standard of landless farmers. Village collectives shall be resolved from the increased compensation fees in accordance with the provisions of Article 9 of these Measures;

(four) young crops compensation fee according to the provisions of article eighth of the annual output value of 1 times;

(5) See Annexes II and III for the specific standards of compensation for young crops and attachments and compensation for attachments and structures.

Article 11 In case of temporary use of land of rural collective economic organizations due to the construction of stacking equipment, geological exploration, excavation of underground pipelines such as oil, gas and communication cables, the temporary land user and the villagers' group shall sign a temporary land use contract, stipulate the land use, and report to the municipal land and resources department for approval. The term of temporary land use shall not exceed two years, and the annual compensation standard shall be calculated according to the average annual output value of cultivated land where it is located. After the expiration of the land use period, the land user shall restore the land to its original state in accordance with the contract.

Chapter III Resettlement Methods of Land-expropriated Farmers

Twelfth properly solve the production and life of landless farmers is a very important work of governments at all levels and landless rural collective economic organizations. It is necessary to adjust measures to local conditions, broaden channels and adopt various ways to resettle, so as to ensure the long-term livelihood of landless farmers.

Thirteenth conditional rural collective economic organizations can set up enterprises and develop the tertiary industry, and uniformly resettle the employment of landless farmers. Land units need employment, under the same conditions, should give priority to the absorption of landless farmers. If the landless peasants are employed in the above way, the resettlement subsidy shall be paid to the rural collective economic organizations or resettlement units in accordance with the law.

Article 14 Land-expropriated farmers should apply for self-employment and sign an agreement with rural collective economic organizations that does not require unified resettlement and self-employment. The resettlement subsidy can be paid in full to the resettled person.

Fifteenth areas rich in arable land resources and land reserve resources can give priority to agricultural immigrants. By adjusting the use of rural collective motor land, contracted land voluntarily returned by contracted farmers, contracted land circulation and land development and consolidation, land-expropriated farmers have the necessary cultivated land to continue agricultural production. Resettlement of personnel by land transfer shall comply with the relevant provisions of the rural land contract law.

Sixteenth land-expropriated farmers who implement monetary resettlement and re-employment in urban planning areas will be incorporated into the urban employment system and gradually establish a social security system. The township (town, office), the rural collective economic organization and the labor and social security department should take various forms to train the landless farmers' labor skills and guide them to transfer employment to non-agricultural industries.

Seventeenth under the premise of farmers' voluntary, land for construction projects with long-term stable income can be negotiated by the land-expropriated rural collective economic organizations and land-using units, and the land-use compensation and resettlement fees or the approved land use rights for construction land can be used as shares. Rural collective economic organizations and farmers get benefits in the form of preferred shares through contracts.

Eighteenth rural collective economic organizations should actively guide landless farmers, the use of land acquisition compensation to participate in social insurance.

Nineteenth urban planning area in the village as a unit, all the land has been requisitioned; Or as a group, most of the land is expropriated, and the per capita cultivated land is below 0. 1 mu. An application is made by the villagers' committee, verified by the civil affairs, land and resources departments, the district government (administrative committee) and the township (town, office) government, and reported to the municipal government for approval, so that the status of farmers will be changed into that of urban residents and incorporated into the minimum living guarantee system for urban residents. Upon examination and approval by the civil affairs department, those who meet the minimum living guarantee conditions shall be paid the minimum living guarantee according to law.

Twentieth urban and rural collective economic organizations after land acquisition, the per capita arable land is less than 0.65438+0 mu, the city planning, land and resources departments should reserve about 50 mu of land for the village collective to set up enterprises and arrange production and life. The reserved land must go through the formalities of agricultural land conversion and expropriation according to law, and be used according to the urban planning arrangement, and may not be transferred or used for real estate development.

Twenty-first urban land-expropriated farmers really can't provide basic production and living conditions, under the premise of fully soliciting the opinions of land-expropriated rural collective economic organizations and farmers, governments at all levels can organize in a unified way and implement resettlement in different places.

Chapter IV Payment, Distribution and Supervision of Land Requisition Compensation

Article 22 land acquisition compensation shall, within 30 days from the date of approval of agricultural land conversion and expropriation, pay all land units to the land and resources department, and the land and resources department shall pay the land-expropriated rural collective economic organizations according to the time agreed in the land acquisition agreement. If the compensation for land acquisition is not paid within the time limit, the land and resources department shall not handle the procedures for land supply, and the project shall not start construction. Rural collective economic organizations and farmers whose land has been expropriated have the right to refuse the construction unit to start using the land.

Twenty-third landless rural collective economic organizations in accordance with the following provisions of the allocation and use of land acquisition compensation:

(1) In the past, there were many land expropriation, and rural collective economic organizations used compensation for land expropriation to develop village-run enterprises. They have arranged for some landless peasants to find jobs and uniformly distributed living expenses to the elderly villagers. Rural collective economic organizations that collectively pay the fees of "three mentions and five systems" can leave the land compensation fees, resettlement subsidies and compensation fees increased according to the location conditions obtained after the implementation of these measures in the village collective for unified use;

(2) For rural collective economic organizations that can solve the production and life of land-expropriated farmers by adjusting contracted land, 30% of land compensation fees and 30% of compensation fees increased according to location conditions remain in rural collective economic organizations, and the rest and resettlement subsidies are determined by the villagers' congress through discussion;

(3) Collective economic organizations are unable to find jobs for landless peasants and adjust their land. Take the fourteenth provisions of this approach to resettle landless farmers, in addition to paying resettlement subsidies, it should also pay 70% of the land compensation fee and the compensation fee increased according to the location conditions. Rural collective economic organizations should comprehensively consider factors such as age, occupation and household registration before issuing resettlement subsidies, strictly define the distribution objects, methods and scope, formulate plans, implement them after discussion and adoption by villagers' congresses, and report them to the land and resources departments and townships (towns, offices) for the record;

(four) compensation for land acquisition, who stay in the village collective, earmarked for the social insurance of landless farmers, the development of secondary and tertiary industries, the establishment of public welfare undertakings and the construction of rural public facilities, or to participate in the development and construction of business projects in the form of shares and share dividends;

(five) all the land has been requisitioned, and the rural collective economic organizations have been revoked. The land compensation fees, resettlement subsidies and compensation fees increased according to the location conditions should all be used for the production and living resettlement of landless farmers;

(six) compensation for young crops, ground attachments and structures shall be paid to the owner according to the compensation registration.

Article 24 land acquisition compensation shall be stored in a special account, and the management measures for its use shall be decided by the collective voting of more than two thirds of the members of the villagers' meeting of the rural collective economic organization or more than two thirds of the villagers' representatives. The balance of payments is posted once every six months, subject to supervision by the masses, and reported to the departments of land and resources, finance, agriculture and economics, supervision and township (town, office) for the record. Members of rural collective economic organizations have the right to ask questions about the use of land acquisition compensation, and the relevant rural collective economic organizations must give a written reply in time.

Twenty-fifth adhere to the principles of openness, fairness and justice, and strengthen the supervision of land acquisition compensation. Governments at all levels should organize supervision, auditing, land and resources, finance, agriculture and civil affairs departments to supervise the implementation, distribution and use of land acquisition compensation. Compensation for land acquisition must be earmarked for special purposes. No unit or individual may intercept, privately divide, occupy or misappropriate compensation for land acquisition, or use compensation for land acquisition to repay debts of collective economic organizations, pay taxes and pay wages.

Chapter V Land Requisition Procedures and Related Taxes and Fees

Twenty-sixth before the land acquisition is submitted for approval according to law, the land and resources department shall inform the rural collective economic organizations and farmers in writing of the purpose, place, compensation standard and resettlement method of land acquisition. After being informed, all attachments, appendages, structures and young crops of rural collective economic organizations and farmers on the expropriated land will not be compensated during land acquisition.

Article 27 The department of land and resources shall investigate the ownership, category and area of the land to be requisitioned and the ownership, category and quantity of the ground attachments, appendages and structures, and the investigation results shall be confirmed with the land-expropriated rural economic organizations, farmers and the property owners of the ground attachments, appendages and structures.

Twenty-eighth 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 of the Provisions of the Ministry of Land and Resources on Hearing of Land and Resources (Order No.22 of the Ministry of Land and Resources).

Twenty-ninth after the land acquisition plan is approved according to law, except for special circumstances such as state secrecy regulations, the municipal government will issue an announcement within the scope of land acquisition, and the land acquisition unit will handle the land acquisition compensation registration with valid proof materials of land ownership within the prescribed time limit.

After the land contracted by farmers is expropriated, the land and resources department shall promptly send a copy of the land requisition approval document and relevant information such as the township (town, office), villagers' group, household name, area and location of the expropriated land to the rural management department at the same level, and the rural management department shall cancel or change the land contractual management right certificate and terminate or change the land contract.

Thirtieth departments of land and resources shall, in accordance with the approved land acquisition plan, jointly with relevant departments, formulate land acquisition compensation and resettlement plans, make an announcement in the land-expropriated townships (towns, offices) and villages, and listen to the opinions of rural collective economic organizations and farmers. The land requisition compensation and resettlement plan shall be implemented after being approved by the municipal government.

Thirty-first disputes over compensation and resettlement schemes shall be settled by the Municipal People's Government or the District People's Government or the Development Zone Management Committee through coordination; If the coordination fails, it shall be decided by the people's government that approved the requisition of land. The dispute over land requisition compensation and resettlement does not affect the implementation of the land requisition plan, and the land requisitioned unit shall hand over the land on time according to the provisions of the approved land requisition plan.

Article 32 Where cultivated land is requisitioned, the land-using unit shall be responsible for reclaiming cultivated land corresponding to the quantity and quality of cultivated land. If the cultivated land that has no conditions to be reclaimed or reclaimed does not meet the requirements, the land-using unit shall pay the cultivated land reclamation fee according to 1-2 times of the land compensation fee, and pay the cultivated land occupation tax according to law. If the vegetable field is occupied, the new vegetable field development and construction fund shall be paid according to the standard of 10000 yuan/mu for the construction of vegetable base.

Chapter VI Legal Liability

Thirty-third people's governments at all levels and land and resources departments should conscientiously do a good job in land acquisition coordination to ensure the smooth progress of national construction. Those who unreasonably obstruct the expropriation of land and refuse to hand over the expropriated land shall be ordered to hand over the land by the land and resources department in accordance with the provisions of Article 45 of the Regulations for the Implementation of the Land Administration Law of the People's Republic of China; Those who refuse to hand over the land shall apply to the people's court for compulsory execution.

Article 34 Where land acquisition compensation is embezzled, misappropriated, withheld or deducted by the land acquisition unit, the administrative supervision organ shall give administrative sanctions according to law in accordance with the provisions of Article 79 of the Land Management Law of the People's Republic of China; If a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter VII Supplementary Provisions

Thirty-fifth township (town, office), village public facilities, public welfare undertakings, the need to use the land of rural collective economic organizations, with reference to these measures.

Those who apply for the use of state-owned agricultural land shall go through the formalities for the conversion of agricultural land according to law, and the land compensation fee and relevant taxes and fees shall be paid with reference to these measures.

Zhou Yuliang, Moon Bay, Hanjiang River, Xiaoqing River embankment within the scope of the state-owned beach land use rights have been recovered, according to the signed agreement; After the implementation of these measures, if there are crops and trees on the state-owned beaches, only the young crop fee and the compensation fee for the ground attachments will be paid according to the standards in Annex II.

Thirty-sixth counties (cities) and Xiangyang District may formulate compensation and resettlement measures for land acquisition in this area with reference to these measures.

Article 37 The Xiangfan Municipal Bureau of Land and Resources shall be responsible for the interpretation of these Measures.

Article 38 These Measures shall come into force as of the date of promulgation. The Interim Measures for the Administration of the Collection of Land Acquisition Compensation and Resettlement Fees in Xiangfan City (Xiang [1996] No.29) shall be abolished at the same time. Land acquisition projects approved before the implementation of these Measures shall be implemented according to the signed land acquisition agreement.

Annex I:

Xiangfan City Land Acquisition Compensation and Resettlement Fee Standard

Unit: Yuan/mu

Division of land segmentation

Annual output value

Land compensation fee

Installation fee subsidy

Increase compensation according to position conditions.

Comprehensive compensation standard for part of land

land

grade

model

besiege

Plant alkaloid

Paddy dry land

Caidi

(8- 10 times)

Paddy field and dry land

(8- 10 times)

Non-arable land with income

(5 times)

Caidi

(8- 15 times)

Paddy field and dry land

(8- 15 times)

Non-arable land with income

(5 times)

Caidi

Paddy field and dry land

acquire

bare place

Level a

Reserved areas for construction land in Tanxi Village, Fancheng Qiao Qi Village, Shiying Village, Qiaoying Village, Honggou Village and nursery of high-tech development zone to the west of Xiaoqing River.

2200

1200

17600-22000

9600- 12000

6000

17600-33000

9600- 18000

6000

25000

60200-80000

44200-55000

37000

assistant

The reserved area for construction land is located in the north of Huanshan Road in Yingpan Village, Guanyinge Village and Xianshan Overpass, on both sides of Pang Highway and Road outside the East Gate, and to the east of Xiaoqing River in Honggou Village, Fancheng Village, Jiawa Village and Wangzhai Village.

2200

1200

17600-22000

9600- 12000

6000

17600-33000

9600- 18000

6000

18000

53200-73000

37200-48000

Thirty thousand

Three levels

Xiangcheng Yingpan Village, south of Huanshan Road, Qilin Village, Jiazhou Village, south of Dongmen Waipang Highway, south of Guanyinge Village Xianshan Overpass to Shuiwa Village, reserved construction land on both sides of Dengcheng Avenue, and reserved construction land in Huangjia Village.

1600

1200

12800- 16000

9600- 12000

6000

12800-24000

9600- 18000

6000

12000

37600-52000

3 1200-42000

24000

Totally good.

Longzhong Scenic Area, reserved land for construction around thermal power plants and Hualimudian Village; The Shipu Office belongs to the reserved area for construction land in urban villages and Hengzhuang villages, and the reserved area for construction land outside the three categories of high-tech zones, namely Huangjia Village, Yugang Village, Dengcheng Village, Caizhuang Village, Luzhai Village and the former automobile industry development zone.

1600

1200

12800- 16000

9600- 12000

6000

12800-24000

9600- 18000

6000

6000

3 1600-46000

25200-36000

18000

Piati

Yin Ji, Wolong, Oumiao, Zhutiao, Niushou and Taipingdian Town construction land reserved areas.

1200

9600- 12000

6000

9600- 18000

6000

19200-30000

12000

Annex II:

List of compensation standards for young crops and attachments

kind

no

unit

Compensation standard (yuan)

Reserve bill

Young crop fee

Plant alkaloid

The 12th letter of the Greek alphabet.

The first and second batches 2200, the third and fourth batches 1600

Fish ponds and lotus ponds refer to this standard.

Paddy fields,

land

The 12th letter of the Greek alphabet.

1200

Tidal flat cultivated land

Slope farmland

The 12th letter of the Greek alphabet.

800- 1000

The young crops compensation of dikes in Zhou Yuliang, Moon Bay, Hanjiang River and Xiaoqing River shall be implemented with reference to this standard.

Bianbian nursery

The 12th letter of the Greek alphabet.

2500-3000

Tree compensation fee

wushu

plant

Fruit tree 80

Unspended fruit trees 20

The planting density of fruit trees should conform to the cultivation technical specifications.

that

it

tree

plant

2-9 cm in diameter

5- 10

Diameter 10- 19cm 20-30

More than 20cm in diameter 40-50

Annex III:

Compensation standard for removal of appendages and structures

Nominal unit

Compensation standard (yuan)

Reserve bill

Pengzi

The second part of money supply

30

Zhuanqiangpeng

pigsty

The second part of money supply

10-20

There is a shed with a concrete floor.

(including fence)

Toilet?

individual

100

chicken coop

individual

20

Pressurized well

mouth

300-400

River water well 300, underground water well 400

Stove platform

individual

50- 100

Single stove 50, double stove/kloc-more than 0/00

Enclosure wall

The second part of money supply

5-20

Earth fence 5 yuan, stone fence 10 yuan, single brick 12 yuan, bucket 15 yuan, double brick 20 yuan.

Water storage tank,

septic tank

M3

30

Brick-concrete structure pool

Vegetable greenhouse

The second part of money supply

eight

Has a frame and a membrane.

four

No film frame

Lu Dao

The second part of money supply

No.20 Shashi Road

The second part of money supply

No.40 asphalt road

The second part of money supply

Cement road no.50

Hardened canal

M3

30

Fenmu

seat

land

200 points

brick

500 points

Motoi

seat

Gangdi mechanical well 20000-30000

Hutchison Economy 15000-20000

Don't use 3000-5000 for a long time.

References:

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