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What compensation can the contractor get if the contracted fish pond is requisitioned by the state? The contract for the fish pond has expired.
law of property
Article 132 Where the contracted land is expropriated, the owner of the contracted land management right has the right to obtain corresponding compensation in accordance with the provisions of the second paragraph of Article 42 of this Law.
Article 42 Land owned by collectives, houses of units and individuals and other immovable property may be expropriated for the needs of public interests in accordance with the authority and procedures prescribed by law.
Expropriation of collectively owned land shall pay land compensation fees, resettlement subsidies, ground attachments and young crops compensation fees in full according to law, arrange social security fees for land-expropriated farmers, ensure the livelihood of land-expropriated farmers and safeguard their legitimate rights and interests.
The expropriation of houses and other immovable property of units and individuals shall be compensated for demolition according to law, and the legitimate rights and interests of the expropriated person shall be safeguarded; Expropriation of individual houses should also guarantee the living conditions of the expropriated person. No unit or individual may embezzle, misappropriate, privately divide, withhold or default in collecting compensation fees.
Article 47 Where 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.
1. The land compensation fee for requisitioned cultivated land is six to ten times the average annual output value of the cultivated land in the three years before expropriation.
2, the collection of farmland resettlement subsidies, calculated according to the number of agricultural population to be resettled. The number of agricultural population to be resettled shall be calculated according to the number of cultivated land expropriated divided by the average number of cultivated land occupied by each expropriated unit before land expropriation.
The resettlement subsidy standard for each agricultural population in need of resettlement is four to six times the average annual output value of the cultivated land in the three years before expropriation. However, the resettlement subsidy for each hectare of cultivated land to be expropriated shall not exceed fifteen times the average annual output value of the three years before expropriation.
The standards of land compensation fees and resettlement subsidies for the expropriation of other land shall be stipulated by provinces, autonomous regions and municipalities directly under the Central Government with reference to the standards of land compensation fees and resettlement subsidies for the expropriation of cultivated land.
Extended data:
Land Management Law of the People's Republic of China
Forty-eighth after the land acquisition compensation and resettlement plan is determined, the relevant local people's governments shall make an announcement and listen to the opinions of the rural collective economic organizations and farmers whose land has been expropriated.
Forty-ninth rural collective economic organizations whose land has been expropriated shall announce the revenue and expenditure of land acquisition compensation to the members of the collective economic organizations and accept supervision.
It is forbidden to occupy or misappropriate the land acquisition compensation and other related expenses of the requisitioned land units.
Article 50 Local people's governments at all levels shall support rural collective economic organizations and farmers whose land has been expropriated to engage in development, operation and establishment of enterprises.
Fifty-first large and medium-sized water conservancy and hydropower project construction land acquisition compensation standards and resettlement measures shall be formulated separately by the State Council.
Article 52 In the feasibility study and demonstration of a construction project, the land administrative department may, according to the overall land use plan, the annual land use plan and the standards for construction land, review the relevant matters of construction land and put forward opinions.
Article 53 Where an approved construction project requires the use of state-owned construction land, the construction unit shall submit an application for construction land to the land administrative department of the people's government at or above the county level with the relevant documents stipulated by laws and administrative regulations, which shall be audited by the land administrative department and reported to the people's government at the same level for approval.
Fifty-fourth construction units to use state-owned land, should be obtained through the transfer and other paid use; However, the following construction land, approved by the people's governments at or above the county level according to law, can be obtained by allocation:
(a) land for state organs and military use;
(two) urban infrastructure and public welfare land
(3) Land for energy, transportation, water conservancy and other infrastructure supported by the state.
(four) other land as prescribed by laws and administrative regulations.
Fifty-fifth construction units that have obtained the right to use state-owned land by means of transfer and other paid use can use the land only after paying the land use fee, land use right transfer fee and other fees in accordance with the standards and measures stipulated by the State Council.
Since the implementation of this law, 30% of the paid land use fees for newly-added construction land will be turned over to the central finance, 70% will be reserved for the relevant local people's governments, and all of them will be used exclusively for cultivated land development.
Baidu Encyclopedia-China People and Land Management Law
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