Compensation policy for land occupied by village-level roads

The land requisitioned should be compensated for the loss of land rights.

The standards are as follows:

The compensation fee for the requisition of cultivated land shall be 6-10 times the average annual output value of the cultivated land in the three years before the requisition; the compensation fee standards for the requisition of other land shall be determined by the provinces and autonomous regions. , municipalities directly under the Central Government refer to the compensation standards for requisitioned cultivated land and make specific regulations based on local actual conditions.

The land compensation fee for profitable non-cultivated land can be calculated as 3-6 times the average annual output value of the three years before the land acquisition. No compensation will be given for the acquisition of non-profitable cultivated land. The land compensation standard for the acquisition of profitable non-cultivated land such as Chaishan, tidal flats, reservoirs, reed ponds, economic woodlands, pastures, pastures, etc. is 6-10 times the average annual output value of the three years before the land is acquired.

When requisitioning vegetable plots in urban suburbs, the land-using unit shall pay a new vegetable plot development and construction fund in accordance with relevant national regulations. The standards are: cities with a population of one million will pay 7,000-10,000 yuan for each mu of vegetable land requisitioned;

Cities with a population of more than 500,000 but less than one million will pay 5,000-7,000 yuan for each mu of land requisitioned; Cities with a population of less than 100,000 will pay 3,000-5,000 yuan for each mu of vegetable land requisitioned. Each province, autonomous region, and municipality directly under the Central Government determines its own standards based on the above standards. However, the above standard limits shall not be exceeded.

Land acquisition 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 the land-expropriated unit for the resettlement of excess labor caused by land acquisition.

2. Calculation of resettlement subsidy fees

The standard of resettlement subsidy fees for requisitioned cultivated land is calculated based on the number of agricultural population to be resettled. The number of agricultural population to be resettled is calculated by dividing the amount of cultivated land to be acquired by the average amount of cultivated land per person in the expropriated unit before land acquisition.

The resettlement subsidy standard for each agricultural population that needs to be resettled is 4-6 times the average annual output value of the three years before the acquisition of the cultivated land. However, the resettlement subsidy fee for each mu of cultivated land shall not exceed its annual output value. 15 times. The specific calculation formula is as follows:

Resettlement subsidy = average annual output value of the three years before the expropriated farmland x compensation multiple

Under special circumstances, the calculated compensation and resettlement fees cannot be maintained as original When living and production standards are high, 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 and resettlement subsidies shall not exceed 30 times the annual output value.

3. Resettlement of surplus labor

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

The main ways to resettle people whose land has been acquired are as follows:

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

(2) Distribute the resettlement subsidy amount to those who need resettlement, and let them find their own jobs. However, rural collective economic organizations and village committees should sign agreements with self-employed farmers.

(3) The collective economic organization whose land has been acquired is responsible for resettlement, and the resettlement compensation fee will be used and managed by the organization. Where conditions permit, collective economic organizations will invest in reclaiming new land and redistribute it to farmers whose land has been requisitioned, and an agreement will be signed through coordination between the two parties.

(4) For large and medium-sized construction projects or contiguous land acquisition, in qualified areas, according to unified planning, a certain proportion of land use rights can be allocated from the acquired land to the expropriated units and farmers. , to support their development, operation and establishment of enterprises, and the land acquisition costs required shall be borne by the land-expropriated unit.

(5) The land used for large-scale water conservancy and hydropower projects is public welfare and generally covers a large amount of land. During the land acquisition process, in addition to solving the problem of compensation and resettlement, the problem of resettlement must also be solved. The resettlement of immigrants on land used for water conservancy and hydropower project construction should be based on the principle of on-site resettlement, and they should first be resettled in their own townships and counties;

If they cannot be resettled in their own townships and counties, they should be resettled in places that benefit from the project; Those who cannot be resettled in the beneficiary area can be relocated and resettled in accordance with the principle of voluntary coordination. If the immigrants voluntarily seek refuge with relatives and friends, the people's government of the place of relocation shall negotiate with the immigrants, sign an agreement, and go through relevant procedures. The people's government of the place of relocation shall pay the corresponding land compensation fees and resettlement subsidies to The people's government of the resettlement place shall make overall arrangements for the production and life of the immigrants, and the resettled immigrants shall not return without authorization.

(6) By transferring state-owned farm land to the land-expropriated units.

Legal basis: Article 30 of the "Land Management Law of the People's Republic of China" The state protects cultivated land and strictly controls the conversion of cultivated land into non-cultivated land. The state implements a compensation system for occupied cultivated land. If non-agricultural construction uses approved cultivated land, the unit occupying the cultivated land shall be responsible for reclaiming cultivated land equivalent to the quantity and quality of the occupied cultivated land in accordance with the principle of "as much as it is occupied"; if there is no condition for reclamation or the reclaimed cultivated land does not meet the requirements , cultivated land reclamation fees should be paid in accordance with the regulations of provinces, autonomous regions, and municipalities directly under the Central Government, and special funds should be used to reclaim new cultivated land. The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall formulate plans for reclaiming cultivated land, supervise units occupying cultivated land to reclaim cultivated land according to the plan, or organize the reclamation of cultivated land according to the plan, and conduct acceptance inspections.

Article 32 The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall strictly implement the overall land use plan and the annual land use plan, and take measures to ensure that the total amount of cultivated land within their respective administrative regions does not decrease and the quality does not decrease. If the total amount of cultivated land is reduced, the State Council shall order the reclamation of cultivated land equivalent to the quantity and quality of the reduced cultivated land within the prescribed period; if the quality of cultivated land is reduced, the State Council shall order the organization of reclamation within the prescribed period. Newly reclaimed and renovated farmland shall be inspected and accepted by the natural resources department of the State Council in conjunction with the agricultural and rural departments. If some provinces and municipalities directly under the Central Government do lack reserve land resources, and after adding construction land, the amount of newly reclaimed cultivated land is not enough to compensate for the amount of occupied cultivated land, they must apply to the State Council for approval to reduce or reduce the amount of cultivated cultivated land within their respective administrative regions, and re-cultivate the land. Farmland of comparable quantity and quality.