Compensation standard for land expropriation in Huaibei city

Zheng Ji [2008] 132 No.20081231In order to do a good job in land expropriation, ensure the demand for construction land, safeguard the legitimate rights and interests of land-expropriated farmers, and ensure that the original living standards of land-expropriated farmers are not reduced and their long-term livelihood is guaranteed, according to the Decision of the State Council on Deepening Reform and Strict Land Management (Guo Fa [2004] Compensation standards for land requisition and resettlement measures for large and medium-sized water conservancy and hydropower projects shall be formulated separately by the State Council. Before the promulgation of relevant regulations in the State Council, the land compensation fee was 16 times of the average annual output value of cultivated land in the township (town) where the land was expropriated. If the land compensation fee cannot maintain the original living standard of the landless peasants and needs to be improved, it shall be reported to the project examination and approval department for approval by the project legal person or the competent department of the project. 20% of the land compensation fee belongs to the collective economic organization, and 80% belongs to the expropriated land use right holder or the farmers who contract the land by household contract; The expropriated land has no land use right holder, and the collective economic organizations have not contracted out the land or contracted it in other ways. Land compensation fees are all owned by collective economic organizations, and are allocated or used by village collective economic organizations according to law. Land compensation fees shall be paid in full and on time, and no unit or individual may intercept or misappropriate them. If there are attachments and young crops on the expropriated land, the owners of the attachments and young crops on the ground shall be compensated separately. The compensation standard for overground objects shall be formulated by the district and municipal governments, and the compensation for young crops shall be calculated according to the output value of crops at the time of land acquisition. Before the land requisition is submitted for approval, the municipal and county (city) governments shall determine the social security expenses of landless peasants according to the standard of not less than 10% of the land requisition area, and transfer them to the special social security account of landless peasants in this city, county (city, district) for special social security of landless peasants. After the social security fee reaches the special account, the provincial and municipal social security administrative departments shall timely issue the identification documents of social security measures for landless farmers. Social security expenses are included in the cost of land acquisition, and those who provide land by way of transfer are charged in the land transfer fee, and those who provide land by way of allocation are charged to the land users at the time of land supply. When the extracted social insurance premium can't meet the payment demand of the insured, the difference will be partly solved by the local government. Municipalities, county (city) governments and administrative departments of land and resources should widely publicize the regional film price policy, seriously study and solve the problems encountered in the implementation of the regional film price policy, and ensure the smooth implementation of the regional film price policy. The provincial government will, according to the economic and social development, timely revise the film prices in the requisitioned areas.

Legal objectivity:

Huaibei City Housing Expropriation and Demolition Compensation Standard Article 21 The demolisher shall compensate the demolished person or usufructuary right holder in accordance with the provisions of these Measures. Conditional measures should be taken after resettlement. Demolition of illegal buildings and temporary buildings exceeding the approved period, without compensation and resettlement; Demolition of temporary buildings that have not exceeded the approved period shall be appropriately compensated according to the project cost of the demolished building and the remaining period. Twenty-second the purpose and construction area of the house to be demolished shall be based on the purpose and construction area recorded in the real estate ownership certificate of the house to be demolished and other valid house property certificates; If there is no title certificate, the use and construction area shall be subject to the planning of the planning department. Twenty-third compensation methods: monetary compensation can be implemented, but also the exchange of housing property rights. Article 24 The amount of monetary compensation shall be determined according to the location, use, construction area and other factors of the demolished house, and according to the market price of newly-built ordinary commercial houses in the same location, period and type. The compensation for house decoration and appendages shall be determined through consultation between the demolisher and the demolished, or combined into a new assessment according to the replacement price. The evaluation procedure is implemented according to the national and provincial evaluation standards. Article 25 Where the house property right exchange is implemented, the demolisher shall provide the demolished person with a resettlement house not less than the original use area of the demolished house, and the demolisher and the demolished person shall calculate the compensation amount of the demolished house and the price of the resettlement house (which is also the market price) in accordance with the provisions of Article 24 of these measures to settle the price difference of the property right exchange. Demolition of people in situ to provide the same type, the same use of resettlement housing, and the original use of the same area is not looking for price difference, more or less than the original use of the area of the part according to the market price settlement. Twenty-sixth housing property rights exchange resettlement sites, can be implemented in situ resettlement, can also be implemented in different places. According to the construction plan, institutions, education, medical and health care, transportation and energy, water conservancy, environmental protection, culture and sports, municipal utilities and other facilities are built in situ, and relocation or monetary compensation is implemented if they do not have resettlement conditions. The implementation of resettlement by the demolition to provide resettlement housing or by the demolition of their own choice, and according to the twenty-fourth, twenty-fifth settlement price difference. Twenty-seventh demolition of public residential housing, housing rights (lessee) to buy property exchange housing, must be approved by the original housing owners, according to the relevant policies and regulations of housing reform to buy. Twenty-eighth people who were taken to choose the exchange of housing property rights, the transition mode, transition period and temporary resettlement subsidies, according to the "Anhui Province urban housing demolition management measures" provisions. Relocation subsidies and temporary resettlement subsidies shall be implemented according to the standards approved by the municipal price department. Article 29 If a non-residential house is demolished and property rights are exchanged, the demolisher shall compensate the demolished person or lessee for the following expenses: (1) Equipment dismantling and installation expenses calculated according to the freight price and equipment installation price stipulated by the state and the province; (two) the equipment that can not be restored to use shall be combined into a new settlement fee according to the replacement price; (three) due to the demolition caused by the suspension of production and business, give appropriate compensation. Article 30 Urban residents who have been demolished meet the relevant provisions and enjoy the urban minimum living allowance. If the original housing construction area is less than 45 square meters, the demolisher shall provide houses with a construction area of not less than 45 square meters as resettlement houses free of charge, or give one-time monetary compensation according to the market price of ordinary commercial houses with the same location, the same period and the same type of construction area of 45 square meters, and make their own resettlement. Thirty-first city key project demolition, mainly monetary compensation; Require property rights exchange, can be provided by the demolition to buy suitable housing, conditional can focus on the construction of resettlement housing to be placed. Thirty-second villages in the city housing demolition monetary compensation, the amount of monetary compensation consists of two parts: the assessed land price of each household homestead and the replacement price of the house (including the house and its attachments). However, the area standard of each household homestead shall not exceed 220 square meters stipulated in the Measures for the Implementation of Land Management Law in Anhui Province. Article 33 Where houses in urban villages are demolished for in-situ resettlement, the area of in-situ resettlement houses consists of two parts: the resettlement area calculated by the population of each household and the resettlement area calculated by the original homestead of each household, but in principle it is not lower than the actual area of the main house built by the demolished person according to the urban planning. According to population accounting, the resettlement area of each household is 40 square meters. The population of each household is determined according to the population enjoyed when the homestead was originally allocated. According to the homestead accounting, the resettlement area of each household is subject to the homestead area of 60 square meters per household, and it is appropriately adjusted according to the housing location area. The construction area of the first-class area will increase by 20 square meters every 60 square meters, and other areas will increase by 20 square meters on the basis of the construction area of the first-class area. According to the "Huaibei City Housing Demolition Compensation Benchmark Price Standard", the four divisions of ten districts are divided into 10? Decreasing proportion to determine the placement area. Thirty-fourth village housing demolition property rights exchange, should be calculated in accordance with the provisions of article thirty-second of the demolition of housing compensation and the same type, at the same time the cost of housing settlement price difference; The part exceeding or lower than the standard of resettlement housing area shall be settled at the real estate market price.