Job Recruitment Website - Immigration policy - Asked about the compensation for land acquisition of farmers' houses.
Asked about the compensation for land acquisition of farmers' houses.
Rural Work Office of Hunan Provincial People's Government Address: Office No.4, Provincial Government Courtyard, No.69 Wuyi Middle Road, Changsha City Tel: 0731-2212916.
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The Municipal Legislative Affairs Office solicited opinions on the Measures for Compensation and Resettlement of House Demolition on Collective Land in Hengyang City (Draft).
In order to further enhance the transparency of normative documents and improve the quality of normative documents, the Legislative Affairs Office of the municipal government is now soliciting opinions from all walks of life on the Measures for Compensation and Resettlement of Housing Demolition on Collective Land in Hengyang City (Draft). Relevant units and people from all walks of life are welcome to feedback the relevant amendments to the Legal Affairs Office of Hengyang Municipal People's Government by letter or email before June 20, 2008.
Address: Room 8 17, Municipal Government Building.
Postal code: 42 100 1
E-mail: hyfzb971@126.com.
Attachment: Measures for Compensation and Resettlement of House Demolition on Collective Land in Hengyang City (Draft)
Measures of Hengyang Municipality on Compensation and Resettlement for House Demolition on Collective Land
(Draft case)
Article 1 In order to strengthen the compensation and resettlement for house demolition on collective land, safeguard the legitimate rights and interests of the demolished and villagers (hereinafter referred to as the demolished) and build a harmonious society, according to the Land Administration Law of the People's Republic of China, the Regulations for the Implementation of the Land Administration Law of the People's Republic of China, and the Measures for the Implementation of the Land Administration Law of the People's Republic of China in Hunan Province, and other relevant laws and regulations,
Article 2 These Measures shall apply to the compensation and resettlement for demolition due to expropriation, requisition or use of land of rural collective economic organizations within the administrative area of this Municipality. Where there are other provisions in laws, regulations, rules and superior normative documents, such provisions shall prevail.
After the members of the collective economic organizations are converted into urban residents due to the land expropriation system of the collective economic organizations, the remaining land needs to be used for construction, which involves compensation and resettlement for house demolition, with reference to these measures.
Article 3 The compensation and resettlement for house demolition on collective land shall be organized by the people's governments of cities, counties (cities) and Nanyue District, and implemented by the land administrative departments at the same level; Hengyang City can be entrusted by the Municipal People's government.
Development and reform, finance, auditing, price, construction, planning, agriculture, forestry, water conservancy, environmental protection, labor and social security, civil affairs, rural management and other departments shall, within the scope of their respective duties, cooperate with the compensation and resettlement work for house demolition.
Article 4 Before the land requisition is submitted for approval, the land administrative department shall issue a pre-requisition announcement to inform the rural collective economic organizations whose land is requisitioned of the purpose, location, compensation standards and resettlement methods.
Fifth since the date of the announcement of land acquisition, the following procedures are suspended within the scope of land acquisition:
(a) the new batch of homestead and other construction land;
(two) approved the renovation and expansion of housing, land transfer and land registration and certification;
(three) the household registration, but because of birth, marriage, military personnel change jobs or college graduates and other reasons, it is really necessary to move into the household registration;
(four) the change of housing and land use;
(five) to go through the formalities for the transfer of land contractual management rights, except for the expiration of the land contractual management contract;
(6) Special breeding certificate;
(seven) other procedures that hinder the compensation and resettlement of house demolition.
During the suspension period, the relevant procedures handled without authorization cannot be used as the basis for compensation and resettlement for house demolition.
Article 6 From the date of the announcement of land requisition, the land administrative department shall investigate the ownership, category and area of the land to be requisitioned and the ownership, category and quantity of the attachments on the ground, and the investigation results shall be confirmed with the local rural collective economic organizations and other relevant rights holders. Refuse to confirm, the land administrative departments can preserve the evidence, and can publish the preservation results. Confirm and save the results as the basis for compensation and resettlement for land acquisition and demolition.
Article 7 After the land acquisition plan is approved according to law, the people's governments of the cities, counties (cities) and Nanyue District where the land has been expropriated shall issue a land acquisition announcement, and announce to the townships (towns) and villages where the land has been expropriated the approval authority, the approval number, the purpose, scope and area of the expropriated land, the compensation standard for land acquisition, the resettlement method for agricultural personnel and the time limit for handling the land acquisition compensation.
Article 8 Within 45 days from the date of announcement of land requisition, the land administrative departments of the city, county (city) and Nanyue District shall, according to the approved land requisition plan, draw up a land requisition compensation and resettlement plan, announce the land requisition compensation and resettlement plan to the expropriated township (town) and village, listen to the opinions of rural collective economic organizations and villagers, and organize its implementation.
Article 9 Those who meet the resettlement conditions are the registered agricultural population whose household registration is the collective economic organization at the time of land acquisition and who have the right to contract rural collective land according to law. Policy migrants who need resettlement can enjoy resettlement treatment.
Demolition of houses that are not members of the collective economic organizations or other houses (except commercial houses) can only be compensated in accordance with the monetary compensation standards stipulated in the schedule and will not be resettled.
Article 10 The ownership, area, structure, nature of use and construction period of the house to be demolished shall be based on the land use certificate, house property right certificate or other legal documents. New buildings and structures added after the announcement before land acquisition will not be compensated and resettled.
Eleventh the compensation standard for the demolition, according to the types and grades of buildings and structures. Need to be resettled and in line with the provisions of the second paragraph of article tenth of these measures, according to the provisions of the compensation price compensation; If the demolisher meets the resettlement conditions and asks not to be resettled, he shall be compensated in accordance with the purchase price stipulated in these Measures.
Twelfth residential housing demolition compensation and resettlement includes monetary compensation, unified planning and construction or new construction in different places. In the urban planning control area, monetary compensation or unified planning, construction and resettlement shall be adopted; Outside the urban planning area, resettlement methods such as unified planning and construction, unified planning and self-construction and self-demolition and self-construction can be adopted, unless otherwise stipulated by the municipal government. The demolition of non-residential houses or structures shall be subject to monetary compensation.
In the urban planning area, the residents can choose one of monetary compensation or unified construction and resettlement, except that only monetary compensation and resettlement can be adopted in these measures. After compensation and resettlement, the demolished person shall not apply for new construction in different places in other ways, and all relevant units and departments shall not approve it.
Thirteenth people choose monetary compensation and resettlement, the demolition of housing (permanent residence, the same below) the main housing in accordance with the provisions of the purchase price standard compensation, no placement; Miscellaneous rooms outside the main room are compensated according to the compensation price standard.
Article 14 If the demolished person chooses unified planning and unified construction and resettlement methods, the average construction area shall not exceed 55 square meters, but the minimum for each household shall not exceed 65 square meters, and the maximum for each resettlement project shall not exceed 150 square meters. Resettlement houses are built by land acquisition units or entrusted by other units and sold to relocated households.
Resettlement houses under unified planning and construction shall be sold to relocated households at cost. The specific house price is approved by the municipal real estate, price, finance and other departments and reported to the municipal government for approval and implementation.
Article 15. Self-built, self-demolished and self-built, the land area of each household shall not exceed130m2, the barren hills and wasteland shall not exceed 2 10/0m2, and other land shall not exceed180m2.
Sixteenth the following buildings will not be compensated:
(a) illegal construction;
(two) the demolition of temporary buildings that have exceeded the approved period, and the temporary buildings that need to be demolished due to national construction;
(three) houses that have been approved for new construction should be demolished but not demolished;
Article 17 If the total amount of houses and ancillary facilities of poor households registered by the civil affairs department is less than 25,000 yuan according to the compensation price, it can be subsidized to 25,000 yuan upon my own application and the consent of the collective economic organization, and the township (town) people's government has no objection to the review and publicity, and after the approval of the land and resources department. (Refer to Article 30 of Yiyang Measures, recommended by the Provincial Department of Land and Resources, which is also the embodiment of people-oriented)
Eighteenth demolition of housing facilities, according to the actual situation according to the standard compensation. Involving the relocation of production equipment, the expenses of disassembly, handling and installation shall be paid according to the relevant provisions of the state.
Nineteenth people were relocated to new homes, pay a one-time relocation allowance; If the transition is needed, the housing transition subsidy will be paid and the relocation subsidy will be paid twice.
Twentieth in the specified time to hand over the land of the relocated households, according to 2% of the total compensation for the demolished houses, according to 3% five days in advance, according to 4% ten days in advance.
Twenty-first power, telecommunications, water supply and drainage pipelines, gas pipelines and other facilities relocation, in accordance with the relevant provisions of the state to be properly compensated; Abandoned, no compensation. (revised according to relevant documents of the electric power department)
Twenty-second within the scope of land acquisition, the collective economic organizations and units that have been requisitioned cannot relocate their production and living facilities, and they shall be compensated according to the original structure and engineering quantity and the prescribed standards. No compensation will be given to the ponds, reservoirs, roads and other facilities that need to be rebuilt easily, but the reconstructed land will be compensated according to the new compensation standard for land acquisition, and the land acquisition unit will organize the reconstruction of facilities or pay the reconstruction fee to the local rural collective economic organizations for reconstruction.
Twenty-third graves within the scope of land acquisition, if there is a head of household, the head of household is responsible for the relocation, and pay relocation subsidies and cemetery purchase fees according to regulations; If there is no householder, the land acquisition unit shall be responsible for the relocation or disposal. A notice of moving the grave shall be issued, requiring the householder to move the grave by himself within the prescribed time limit; Fails to move, according to the main grave.
Twenty-fourth the construction and use of state-owned agricultural land, township enterprises, township (town) village public facilities and public welfare undertakings use collectively owned land outside the collective economic organizations, involving housing demolition compensation and resettlement, with reference to these measures.
Twenty-fifth city, county (city) District People's Government shall commend and reward the units and individuals that have made outstanding contributions in the work of compensation and resettlement for house demolition, and the specific measures shall be formulated separately by the municipal land administrative department.
Twenty-sixth these measures shall be implemented as of the date of promulgation. If other provisions on house demolition and resettlement on collective land are inconsistent with these measures, these measures shall prevail. Before the implementation of these measures, if the conversion of agricultural land and land expropriation have been approved and announced in accordance with the law, the compensation and resettlement for land acquisition will still be handled in accordance with the original provisions; Has not yet been released, according to these measures.
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