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Measures for the distribution and use of land collectively owned by farmers in compensation for land expropriation in Shanxi Province

Legal subjectivity:

What is the compensation standard for rural land acquisition in Shanxi? Every place has its own standards, but there is no unified standard in the whole country. Generally, every city and county has a standard. This standard should be inquired by the Land and Resources Bureau and the Labor Bureau. The multiple of the unified annual output value of land compensation fees and resettlement subsidies shall be determined within the scope prescribed by law in accordance with the principle of ensuring that the original living standards of landless farmers are not reduced; If the compensation and resettlement expenses for land acquisition calculated according to the multiple of the statutory unified annual output value cannot make the landless peasants maintain their original living standards and are insufficient to pay the social security expenses for the landless peasants, the multiple may be increased with the approval of the provincial people's government; The total land compensation fee and resettlement subsidy is calculated at 30 times, which is not enough to make the landless peasants maintain their original living standards. The local people's government will make overall arrangements and set aside a certain proportion of the proceeds from the paid use of state-owned land to give subsidies. If the occupation of basic farmland is approved according to law, the compensation for land acquisition shall be implemented according to the highest compensation standard announced by the local people's government. Land acquisition compensation Project 1, land compensation fee is an economic compensation paid by the land-using unit to the rural collective economic organizations whose land has been requisitioned, resulting in economic losses. 2. Young crops compensation fee The compensation fee paid by the land-using unit to the units and individuals planting young crops for young crops damage caused by land requisition. 3. Compensation fee for attachments. If the attachments such as houses and other facilities on the expropriated land are damaged due to expropriation, the land-using unit shall pay the compensation fee to the expropriated person. 4 resettlement subsidies, as well as compensation fees paid by land units for the resettlement of surplus labor generated by land acquisition. The standard amount of land acquisition compensation is 1, and the specific standard and amount of various land acquisition compensation fees are stipulated in the land acquisition compensation and resettlement plan approved by the municipal and county governments according to law. 2. Determination of the average annual output value in the three years before land acquisition (compensation standard of land compensation fee and resettlement subsidy): the annual statistical report of the most basic unit approved by the local statistical department and the unit price approved by the price department shall prevail. 3, according to the provisions of the payment of land compensation fees, resettlement subsidies can not make the farmers who need to be resettled to maintain their original living standards, you can increase the resettlement subsidies. However, the sum of land compensation fees and resettlement subsidies shall not exceed 30 times of the average annual output value in the three years before land acquisition.

Legal objectivity:

Regulations on the implementation of land management law

Article 26

Land compensation fees are owned by rural collective economic organizations;

Compensation fees for ground attachments and young crops belong to the owners of ground attachments and young crops.

land management law

Article 48

Fair and reasonable compensation should be given for land expropriation to ensure that the original living standards of landless farmers are not reduced and their long-term livelihood is guaranteed.

Land requisition shall pay land compensation fees, resettlement subsidies and compensation fees for rural villagers' houses, other ground attachments and young crops on time and in full according to law, and arrange social security fees for landless farmers.