Trial Measures for the Administration of Land Requisition for National Construction and Rural Construction in Shaanxi Province

Chapter I General Provisions Article 1 In order to safeguard the socialist public ownership of land, effectively protect and stabilize agricultural land, rationally arrange construction land, rationally save land, promote the development of industrial and agricultural production and accelerate socialist modernization, these Trial Measures are formulated in accordance with relevant state policies, decrees and regulations. Article 2 No unit or individual may encroach on socialist land owned by the whole people (that is, state-owned land) or socialist collective land.

It is strictly forbidden to buy, sell, lease or transfer land without authorization. Article 3 Agriculture must focus on water and fertile fields. Strictly control the occupation of land in areas with high yield of cash crops such as grain, cotton and oil, orchards, fish ponds, trees and local products.

No unit or individual may occupy vegetable fields in cities and industrial and mining areas. When it needs to be occupied, it is necessary to "fill in first and then occupy" and fill in as much as needed. The old vegetable plots should be classified as protected areas and should not be occupied. Fourth urban and rural construction, we must implement the principle of saving land, comprehensive planning, rational layout. Make full use of wasteland, vacant land and inferior land, fully tap the potential of occupied land, and do not occupy or occupy less cultivated land.

Urban construction should be subject to urban planning, and the number of buildings should be appropriately increased in combination with the transformation of the old city.

Rural communes and members should advocate building houses when conditions permit. Fifth scenic spots and historical sites, scenic areas of land, shall not be occupied; Without the consent of the competent department, the land in water source protection areas and nature reserves shall not be occupied. Sixth people's governments at all levels should strengthen the management of construction land. All construction land must be submitted for approval according to the prescribed examination and approval authority. Without approval, it shall not be occupied. Chapter II Expropriation of Land for National Construction Article 7 Where national construction (including the construction of urban collective enterprises and institutions) occupies collectively owned land, it shall go through the land acquisition procedures; When occupying state-owned land, go through the transfer procedures.

Requisition or allocation of land, by the land unit to the county (city, district, the same below) civil affairs departments to apply (city for urban construction departments, the same below), and attach the relevant documents and general plan.

The county civil affairs department organizes land-using units, land-expropriated units and relevant units to make an agreement on land area, specific location, compensation expenses and resettlement plan, sign an agreement and go through the examination and approval procedures.

Emergency rescue, flood control, landslide control and other urgently needed land can be used first, and then go through the examination and approval procedures. Eighth land requisition and allocation of examination and approval authority.

A, requisition, allocation, recovery of land not handed over to farmers, less than 10 mu (including 10 mu), audited by the people's government at the county level, approved by the administrative office (Municipal People's government), and reported to the provincial civil affairs department for the record; More than ten acres, approved by the provincial people's government; Requisition of vegetable fields of vegetable professional teams (including vegetable fields occupied by commune teams) shall be reported to the provincial people's government for approval.

Two, high voltage transmission lines, communication lines and buried surveying markers need land acquisition, wiring, buried surveying markers, geological exploration and other temporary land, approved by the local county people's government.

Three, because of land acquisition and immigration, and land acquisition at the same time for approval.

Four, the young crops in the construction land shall not be destroyed. If shoveling is really necessary, it must be reported to the provincial people's government for approval. When young crops in temporary land need to be destroyed, they shall be submitted for approval in accordance with the land use examination and approval authority. Ninth land acquisition compensation and resettlement costs.

First, the compensation fee, the expropriation of cultivated land, vegetable fields, orchards, fish ponds, bamboo forests and other places, is paid to the annual output value of four years (the calculation of annual output value is based on the average output of the three years before land acquisition multiplied by the national quotation, the same below). Resettlement subsidies, land acquisition units existing per capita arable land (including arable land, state-owned land and member plots) of more than two acres (including two acres), according to the annual output value of four years to pay; More than one mu (including one mu) and less than two mu shall be paid according to the annual output value of six years; The annual output value below an acre is paid in eight years. Homestead is calculated according to cultivated land (the same below). Vegetable fields, according to the actual situation in various places, will be paid a construction fee of 3,000 to 5,000 yuan per mu, which will be handed over to the local county agricultural department for the construction of new vegetable fields.

Two, the expropriation of grassland, firewood and other non arable land, according to the annual output value of one or two years before the land acquisition to pay compensation.

Three, houses, wells, channels, pipelines, cables, trees, young crops and other attachments on the expropriated land, according to the loss of compensation.

Four, to recover the unused land and other state-owned land handed over to farmers for farming before the promulgation of the Trial Measures, without paying compensation fees, can pay resettlement subsidies according to the provisions of the first paragraph of this article. The allocation of state-owned land will not be compensated.

Five, the expropriation of land on the grave, the local county people's government informed the grave owner to move within a time limit. The relocation and burial expenses are 30 yuan for new graves in three years to 50 yuan, and 20 yuan for old graves over three years to 30 yuan. Those who don't move don't pay the relocation and burial fee. Tomb without owner shall be buried or moved by the land-using unit.

Six, land acquisition compensation and resettlement subsidies, in addition to housing, trees and other compensation fees paid to me in full, the rest by land acquisition units for the development of production and resettlement of surplus labor investment, shall not be included in the current distribution, nor shall it be used for other purposes.

Seven, the land acquisition unit in addition to the compensation and resettlement fees due, shall not ask for property from the land acquisition unit, or put forward other additional requirements. Article 10 The surplus labor force of the land-expropriated units can be resettled by setting up enterprises and developing diversified businesses.