Are roads and village foundations included in land acquisition for rural demolition?

Regarding the standards of compensation for land acquisition, the state has issued many regulations, such as Guofa [2004] No. 28, Land and Resources Development [2004] No. 238, etc.

"People's Republic of China" Article 47 of the Land Management Law of the People's Republic of China: Where land is expropriated, compensation shall be provided according to the original purpose of the expropriated land.

Article 48 After the land acquisition compensation and resettlement plan is determined, the relevant local people's government shall make an announcement and listen to the opinions of the rural collective economic organizations and farmers whose land has been acquired.

Article 49 The rural collective economic organization whose land has been expropriated shall announce the income and expenditure status of the compensation fees for the expropriated land to the members of the collective economic organization and accept supervision.

It is prohibited to occupy or misappropriate the land acquisition compensation fees and other related expenses of the units whose land has been expropriated.

"Regulations for the Implementation of the Land Management Law of the People's Republic of China"

Article 26 Land compensation fees belong to rural collective economic organizations; compensation fees for ground attachments and young crops It belongs to the owner of the attachments and green crops on the ground.

The resettlement subsidy for land acquisition must be earmarked and cannot be used for other purposes. If the persons who need to be resettled are resettled by rural collective economic organizations, the resettlement subsidy will be paid to the rural collective economic organizations, which will be managed and used by the rural collective economic organizations; if they are resettled by other units, the resettlement subsidy will be paid to the resettlement units; if unified resettlement is not required , the resettlement subsidy is paid to the individual resettled persons or used to pay the insurance premiums of the resettled persons with the consent of the resettled persons.

"Decision of the State Council on Deepening Reform and Strict Land Management" Guofa [2004] No. 28

(12) Improve land acquisition compensation methods. Local people's governments at or above the county level must take practical measures to prevent the living standards of land-expropriated farmers from being reduced due to land acquisition. It is necessary to ensure that land compensation, resettlement subsidies, and compensation for ground attachments and young crops are paid in full and on time in accordance with the law. If the payment of land compensation fees and resettlement subsidies in accordance with the current legal provisions cannot enable the land-expropriated farmers to maintain their original living standards, and are not sufficient to pay the social security expenses of landless farmers due to land acquisition, the people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government shall approve Increase resettlement subsidies. If the total of land compensation fees and resettlement subsidies reaches the legal upper limit and is not enough to maintain the original living standards of the land-expropriated farmers, the local people's government may use the income from the paid use of state-owned land to provide subsidies. The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government must formulate and publish unified annual output value standards or comprehensive land prices for land acquisition in cities and counties. Land acquisition compensation must be the same price for the same land. National key construction projects must include the full amount of land acquisition costs in their budget estimates. The compensation standards and resettlement measures for land acquisition for the construction of large and medium-sized water conservancy and hydropower projects shall be separately stipulated by the State Council.

(13) Properly resettle farmers whose land has been expropriated. Local people's governments at or above the county level should formulate specific measures to ensure the long-term livelihood of landless farmers. For projects with stable profits, farmers can become shareholders with land use rights for construction land approved in accordance with the law. Within the urban planning area, the local people's government should integrate farmers who are landless due to land acquisition into the urban employment system and establish a social security system; outside the urban planning area, when expropriating farmers' collective land, the local people's government must Necessary farming land or corresponding jobs should be reserved for landless farmers within the administrative region; landless farmers who do not have basic production and living conditions should be resettled in other places. The labor and social security departments should work with relevant departments to put forward guiding opinions on establishing employment training and social security systems for land-expropriated farmers as soon as possible.

"Notice of the Ministry of Land and Resources on Issuing the Guiding Opinions on Improving the Land Acquisition Compensation and Resettlement System"" Land and Resources Development [2004] No. 238

(2) Unified annual output value multiple OK. The unified annual output value multiples of land compensation fees and resettlement subsidies should be determined within the scope of legal provisions in accordance with the principle of ensuring that the original living standards of land-expropriated farmers are not reduced; the land acquisition compensation and resettlement fees calculated based on the statutory unified annual output value multiples cannot be If it is not enough to maintain the original living standards of land-expropriated farmers to pay for the social security expenses of landless farmers due to land expropriation, the multiple should be increased with the approval of the provincial people's government; the total land compensation fee and resettlement subsidy fee are calculated at 30 times, which is not enough In order to enable the land-expropriated farmers to maintain their original living standards, the local people's government shall make overall arrangements and allocate a certain proportion of the income from the paid use of state-owned land to provide subsidies. If the occupation of basic farmland is approved in accordance with the law, land acquisition compensation shall be based on the highest compensation standard announced by the local people's government.

(4) Distribution of land compensation fees. According to the principle that land compensation fees are mainly used for land-expropriated farmers, land compensation fees should be reasonably distributed within rural collective economic organizations. Specific allocation methods shall be formulated by the provincial people's government. If all the land is expropriated and the rural collective economic organization is cancelled, all land compensation fees should be used for the production and living resettlement of the land-expropriated farmers.

(6) Job relocation. Conditions should be actively created to provide free labor skills training to landless farmers and arrange corresponding jobs. Under the same conditions, land-using units should give priority to employing farmers whose land has been expropriated. When expropriating farmers' collective land in urban planning areas, landless farmers due to land expropriation should be included in the urban employment system and a social security system should be established.