Has the state violated the right to build roads too close to home?

In general, if our living environment is destroyed in the process of road construction, we can collect some relevant evidence to the local government to respond.

(A) the concept of resettlement subsidies

The so-called resettlement subsidy refers to the amount of subsidy paid by the land-using unit to resettle the surplus labor generated by land acquisition.

(2) Calculation of resettlement subsidy

The resettlement subsidy standard for requisitioned cultivated land shall be calculated according to the number of agricultural population to be resettled. The number of agricultural population to be resettled shall be calculated by dividing the number of cultivated land requisitioned by the average number of cultivated land occupied by each land-expropriated unit before land requisition. The standard of resettlement subsidy for each agricultural population in need of resettlement is 4-6 times of the average annual output value of the cultivated land in the three years before expropriation, but the maximum resettlement subsidy per mu of cultivated land shall not exceed 15 times of its annual output value. The specific calculation formula is as follows:

Resettlement subsidy = average annual output value of expropriated cultivated land in the first three years × compensation multiple

Under special circumstances, when the calculated compensation and resettlement expenses cannot maintain the original living and production level, the standards may be appropriately raised with the approval of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government; However, the sum of land compensation fees and resettlement subsidies shall not exceed 30 times of the annual output value.

(3) the placement of surplus labor force

The main resettlement measures are to support the land-expropriated units to engage in agricultural development, set up enterprises or take monetary resettlement or self-employment.

Second, the requirements of road construction

(1) Special provisions on land requisition compensation standards and resettlement measures for large and medium-sized water conservancy and hydropower projects. (2) The Land Management Law stipulates that. Measures for land requisition compensation and resettlement for large and medium-sized water conservancy and hydropower projects shall be formulated separately by the State Council.

(2) Temporary land occupation and compensation. The Land Management Law stipulates that temporary use of state-owned land or land collectively owned by farmers due to construction projects and geological exploration shall be reported to the land administrative department of the people's government at the county level for approval. Among them, the temporary use of land in a planned urban area shall be approved by the relevant urban planning administrative department before approval. Land users shall sign temporary land use contracts with relevant land administrative departments or rural collective economic organizations and villagers' committees according to land ownership, and pay compensation fees for temporary land use in accordance with the contract. After the expiration of the use period, the land-using unit shall be responsible for restoring the farming conditions of the original land and taking appropriate reclamation measures for the land; Land units temporarily unable to directly undertake this part of the land reclamation work, you can pay the land restoration fee to the local village group according to the workload of land restoration, and the village group will repair it by itself. In some areas, land reclamation fees can be collected directly from the land-using units to unify the land reclamation work in this area. If the open space or wasteland of water conservancy, highway and waterway construction projects can be cultivated or diversified after leveling, it will not be treated as land acquisition and will still be owned by rural collectives. The construction unit will bear the cost of leveling the land and compensate the annual output value of cultivated land.