Job Recruitment Website - Immigration policy - Who will bear the money for rural cultivated land requisition?
Who will bear the money for rural cultivated land requisition?
The land compensation fee belongs to the collective, and its distribution scope is all members of the collective economic organization; The resettlement subsidy belongs to the land contractor, and its distribution scope is the land contractor who lost his land during the contract period; The compensation fee for young crops and attachments on the ground belongs to the business growers and the owners of attachments, and its distribution scope is the owners who have the right to use the land.
Can the homestead be requisitioned by the state and re-applied?
Yes, villagers can apply for re-homestead, including:
(a) because of national or collective construction, immigration, disasters and other needs to relocate and rebuild;
(two) the implementation of city, village and market town planning or the transformation of old villages, the need to adjust the demolition;
(three) the existing homestead area has not yet reached the quota standard stipulated in these measures and needs to be rebuilt or expanded;
(four) with household conditions and the original homestead area has not yet reached the limit standard stipulated in these measures, which needs to be rebuilt or expanded;
(five) with the approval of the county people's government, the professional and technical personnel introduced or recruited by rural collective economic organizations really need to settle in rural areas;
(six) retired workers, demobilized soldiers and overseas Chinese, their relatives, Hong Kong, Macao and Taiwan compatriots with legal documents to return to their original places to settle down;
(seven) as otherwise provided by laws, regulations and rules.
There are many compensation items involved in rural land expropriation, and the question of who should be compensated for rural land expropriation should be analyzed in detail. Although the land compensation is owned by the collective, the land acquisition department will not pay the land compensation from house to house, but will generally pay it to the village Committee, and finally the village Committee will pay it to the members of the village collective economic organization according to law.
To sum up, the compensation for land acquisition in the village belongs to all villagers, but only the compensation for land acquisition belongs to all villagers, and the compensation for above-ground buildings belongs to the building owner. When agricultural land is requisitioned, the compensation for young crops should also be paid to the land use right holder. However, the compensation standard for expropriation of rural land is not fixed.
Legal basis:
Regulations on the implementation of land management law
Article 32
Provinces, autonomous regions and municipalities directly under the Central Government shall formulate and publish the comprehensive land prices in their respective regions, determine the standards of land compensation fees and resettlement subsidies for expropriation of agricultural land, and formulate the distribution methods of land compensation fees and resettlement subsidies.
The compensation expenses for the ground attachments and young crops shall be owned by their owners.
Social security fees are mainly used for social insurance payment subsidies such as endowment insurance for eligible land-expropriated farmers, and are collected separately in accordance with the provisions of provinces, autonomous regions and municipalities directly under the Central Government.
The local people's governments at or above the county level that apply for land expropriation shall promptly implement land compensation fees, resettlement subsidies, rural villagers' houses and other ground attachments, young crops compensation fees, social security fees and other expenses. , and ensure the full amount in place, earmarking. If the relevant expenses are not paid in full, the land acquisition shall not be approved.
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