Measures for the Administration of Rural Homestead in Shandong Province 202 1

Regarding the compensation of rural homestead in Shandong Province, 1. How to compensate for the demolition of rural homestead 1, the revised draft of the land law clearly stipulates that rural villagers' houses shall be compensated separately. The draft stipulates that the specific measures for compensation and resettlement of land collectively owned by farmers shall be formulated by the State Council. According to the specific measures formulated by the State Council, provinces, autonomous regions and municipalities directly under the Central Government may stipulate specific compensation and resettlement standards. The current article 47 stipulates that if land is expropriated, compensation shall be given according to the original use of the expropriated land; Compensation for requisition of cultivated land includes land compensation fee, resettlement fee and compensation fee for attachments and young crops on the ground; 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 expropriation. The draft amendment has revised the above three provisions. 2. Compensation for land expropriation has increased homestead compensation and social security compensation. The draft amendment stipulates that land acquisition compensation includes land compensation fees, resettlement subsidies and social security fees for landless farmers, compensation fees for farmers' houses, compensation fees for other ground attachments and compensation fees for young crops. 3. In terms of housing security. In the urban planning area, land-expropriated farmers provide houses on state-owned land, and monetary compensation is given at the market price if they cannot provide them; Outside the urban planning area, arrange the homestead to rebuild housing, and compensate according to the cost of new housing. Second, how to compensate the rural homestead and house demolition 1, and compensate the rural homestead and house demolition respectively. "Separate compensation" refers to the separation of land compensation and ground attachments compensation. The property right of rural homestead belongs to the village collective, which is allocated to the villagers for use, and the villagers build houses and live on the homestead. There are two compensation methods for house site demolition. One is homestead compensation, and the other is housing compensation. Because the property right of the homestead belongs to the village collective, this part of compensation belongs to the village collective and will not be directly given to the homestead users. The property right of the house belongs to the villagers, so the compensation of the house belongs to the villagers After the villagers' homestead is expropriated, if there are no other homesteads, then the village collective will redistribute the homestead to the villagers and let them build houses on the new homestead. 2. The object of land compensation is land use right, which is generally divided into two forms: one is monetary compensation and the other is replacement compensation. Monetary compensation is paid directly to your homestead in accordance with relevant compensation standards; Replacement compensation is how many square meters are converted into at different low prices in the planned resettlement area to place you. There is also compensation for houses and attachments on the ground. The object of this compensation is property ownership, including all your houses, structures, related facilities, trees, fruits and vegetables. The implementation of compensation standards should be very detailed and clear column by column. You can ask the local authorities about this. There is generally only one kind of compensation, that is, monetary compensation. 3. Where land is requisitioned as stipulated in Article 47 of the current Land Management Law, compensation shall be given according to the original use of the requisitioned land. Compensation for requisition of cultivated land includes land compensation fee, resettlement fee and compensation fee for attachments and young crops on the ground. The land compensation fee for expropriation of cultivated land is six to ten times the average annual output value of the cultivated land in the three years before expropriation.

Legal objectivity:

Article 13 of the Measures for the Administration of Rural Homestead may apply for a homestead under any of the following circumstances: (1) It needs to be relocated or rebuilt due to national or collective construction, relocation or disaster; (two) the implementation of city, village and market town planning or the transformation of old villages, the need to adjust the demolition; (three) the existing homestead area has not yet reached the quota standard stipulated in these measures and needs to be rebuilt or expanded; (four) with household conditions and the original homestead area has not yet reached the limit standard stipulated in these measures, which needs to be rebuilt or expanded; (five) with the approval of the county people's government, the professional and technical personnel introduced or recruited by rural collective economic organizations really need to settle in rural areas; (six) retired workers, demobilized soldiers and overseas Chinese, their relatives, Hong Kong, Macao and Taiwan compatriots with legal documents to return to their original places to settle down; (seven) as otherwise provided by laws, regulations and rules.