Compensation for land expropriation in Anning Canal of Urumqi

Expropriation of land is an act that the state turns the land collectively owned by farmers into state-owned land in accordance with legal procedures for the needs of social public interests, and gives certain compensation to the units and individuals whose land has been expropriated according to law.

Land requisition compensation and resettlement includes land compensation fee, resettlement subsidy, ground attachments and young crops compensation fee.

Compensation expenses

1. The concept of land compensation fee

Land compensation fee is the money paid to the expropriated land and the original land users when the country expropriates land for construction. Its essence is compensation for farmers' long-term investment in expropriated land.

2. Calculation of land compensation fee

The compensation for requisition of cultivated land is 6- 10 times of the average annual output value of the cultivated land in the three years before requisition. If the land compensation fees paid according to the above standards cannot maintain the original living standards of farmers who need to be resettled, the resettlement subsidies may be increased 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 average annual output value in the three years before land acquisition. According to the level of social and economic development, under special circumstances, the State Council can raise the standards of land compensation and resettlement subsidies for requisitioned cultivated land.

3 new vegetable development and construction fund fee collection standards

Vegetable fields refer to commercial vegetable fields and excellent fish ponds that supply vegetables to urban residents in urban suburbs and grow vegetables or raise fish and shrimp for more than three consecutive years.

The urban population (excluding the suburban population, only refers to the non-agricultural population in cities and suburbs, the same below) is more than one million. For each acre of vegetable land requisitioned, 7000- 1 ten thousand yuan will be paid. Cities with an urban population of 500,000-654.38+00,000 will pay 3,000-5,000 yuan for each 654.38+0 mu of vegetable land requisitioned. In counties under the jurisdiction of Beijing, Tianjin and Shanghai, vegetable fields requisitioned for supplying vegetables to residents of municipalities directly under the Central Government are also paid according to this standard. For cities with an urban population of less than 500,000, the subsidy is 3,000-5,000 yuan per mu. Land requisition for construction projects in the same city, central and local governments shall be charged according to the same standard.

allowance

1. The concept of resettlement subsidy

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. Resettlement 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.

There are mainly the following ways to resettle the land-expropriated personnel:

(1) Arrange qualified personnel to work in construction land units or other units that need employment. If the construction unit is responsible for resettlement, the construction land unit may be exempted from the compensation fee for land acquisition and resettlement, otherwise the corresponding resettlement subsidy will be transferred to the receiving unit.

(2) The amount of resettlement subsidy is paid to those who need resettlement, and they can find jobs by themselves. However, rural collective economic organizations and villagers' committees shall sign agreements with self-employed.

(3) the collective economic organization of the expropriated land is responsible for resettlement, and the resettlement compensation fee is used and managed by the organization. Where conditions permit, the collective economic organization will recover the new land and redistribute it to the landless farmers, and the two sides will sign an agreement through coordination.

(4) Large and medium-sized construction projects or contiguous land acquisition, in conditional areas, according to unified planning, a certain proportion of land use rights can be set aside from the expropriated land and handed over to the expropriated units and farmers to support their development, operation and establishment of enterprises. The required land acquisition costs shall be borne by the expropriated unit.

(5) Land for large-scale water conservancy and hydropower projects is public welfare, and generally covers a large area. In the process of land acquisition, in addition to solving the problem of compensation and resettlement, it is also necessary to solve the problem of resettlement. The resettlement of water conservancy and hydropower construction land should be based on the principle of local resettlement, first township and then county; If it cannot be placed in a township or county, it should be placed where the project benefits; If it is impossible to resettle in the beneficiary area, it can be resettled in accordance with the principle of voluntary coordination. Immigrants who voluntarily visit relatives and friends shall negotiate with the place of emigration, sign an agreement and go through the relevant formalities. Immigrants shall pay the corresponding land compensation fees and resettlement subsidies to the people's government of the resettlement place to make overall arrangements for the production and life of the immigrants, and the resettled immigrants shall not move back without authorization.

(6) Transfer the state-owned farm land to the land-expropriated unit.

Compensation expenses

All crops, trees and facilities that have been planted after the negotiation of land acquisition plan will not be compensated.

1. Young crop compensation standard

When going through the requisition procedures, it is necessary to make clear the time of land delivery, so that the local village group can make early preparations and avoid excessive losses. Damage to young crops on requisitioned land shall be given reasonable compensation. For the newly sown crops, the production cost will be compensated by one third of the quarterly output value. For growing crops, the maximum compensation is based on the output value in the first quarter. Crops, oilseeds and tender vegetables that can be harvested will not be compensated. Perennial economic trees should be transplanted as far as possible, and the land use unit should pay the transplant fee; Can not be transplanted and must be cut down, the land unit should be compensated according to the actual value. For timber trees, the owner of the tree will cut them down for free.

2. Housing demolition compensation standard

When houses and other facilities on the expropriated land need to be demolished, a plan must be prepared and submitted for approval at the same time as the application for expropriation of land. Before the national construction project started, the local government helped the relocated households to arrange housing. According to the principle of "what to demolish, what to make up, how much to make up, not lower than the original level", the demolished houses will be given reasonable compensation according to the structural type and construction area of their original buildings. The compensation standard is formulated according to the current price in each region.

3. Compensation standards for other attachments

Land units that occupy cultivated land for building houses or engage in other non-agricultural construction shall pay cultivated land occupation tax in accordance with the Provisional Regulations of the People's Republic of China on Farmland Occupation Tax.

other terms

(1) Special provisions on land requisition compensation standards and resettlement methods for large and medium-sized water conservancy and hydropower projects.

2. "Land Management Law" stipulates. 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.

(3) 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.

It should be pointed out that: ① Land expropriation is an administrative act of the state, not a land sale. Land expropriation is not only a state behavior, but also an obligation of farmers to the state, rather than farmers selling land to the state; When the land is expropriated by the state and then sold, the land price difference between the original land and the land at the time of sale is formed by state investment. This income should be owned by the state in principle. Therefore, the compensation paid by the state to farmers is still compensation or subsidy, not full land price, and the compensation standard for land acquisition cannot be formulated according to the transfer price of land use rights. (2) The principle of land acquisition compensation and resettlement subsidy is to ensure that the living standards of landless farmers will not be reduced due to land acquisition. That is, after land acquisition, through the payment and use of compensation and resettlement subsidies, the living standards of farmers in land-expropriated units will reach or exceed the living standards before land acquisition. If not, we should take corresponding measures, including raising the compensation standard, up to 30 times.