Guangxi cultivated land reclamation compensation standard document

The land in Guangxi has been expropriated, and the expropriated party may get compensation of several hundred thousand yuan. The specific compensation amount is determined in combination with the following provisions: Measures for the Implementation of the Land Management Law of the People's Republic of China in Guangxi.

What is the compensation standard for rural land reclamation?

1, one-time compensation 1 ten thousand yuan/mu;

2. Compensation for the right to use the homestead 10000 yuan/mu;

3, the structure (subsidiary) compensation standard.

20 18 standard conditions for rural homestead reclamation:

1, which belongs to the object of avoiding risks and solving problems, and meets the conditions of rural homestead reclamation;

2. The main house remains intact, and the current situation is construction land, which conforms to the classification of land use status;

3, the homestead has the conditions of reclamation for cultivated land;

4. The ownership is clear and uncontroversial, and there is proof of legal ownership;

5. Meet the requirements of other reclamation policies. It should be noted that illegal construction land does not meet the conditions of homestead reclamation; Land for independent ancillary facilities; After June 65438+1 October1in 2009, newly approved construction land, and the initial (first) registration time of house ownership is less than 5 years; Construction land with limited rights according to law; Construction land with unstable geological conditions after natural disasters; Atrium, conjoined house, etc. Unable to dismantle and recycle; These conditions do not meet the conditions of homestead reclamation.

1. How to calculate the land compensation fee for temporary requisition?

1. The compensation for temporary use of agricultural land shall be calculated according to the product of the average annual output value of the three years before the temporary use of the land and the temporary service life.

(1) If the construction land is used temporarily, it shall be calculated according to the product of the annual rent of similar local state-owned land and the temporary service life; Temporary use of unused land is calculated according to the product of the average annual output value of the local dry land in the first three years and the temporary service life of 60%. Damage to the ground attachments shall be appropriately compensated according to the specific circumstances.

(two) temporary use of cultivated land, land users should resume planting conditions within one year from the date of expiration of temporary land use; If the planting conditions are not restored within the time limit or the restored planting conditions are lower than the original planting conditions, the cultivated land reclamation fee shall be paid in accordance with the relevant provisions of the people's government of the autonomous region. If the temporary use of other land causes land damage, it shall be responsible for reclamation or pay land reclamation fees in accordance with regulations.

2, due to geological exploration, engineering construction and other temporary facilities construction need temporary use of state-owned land or collective land, shall go through the formalities for examination and approval in accordance with the following authority:

(1) The temporary use of cultivated land other than basic farmland shall be approved by the administrative department of natural resources of the municipal people's government with districts;

(2) If the temporary use does not involve the occupation of cultivated land, it shall be approved by the administrative department of natural resources of the people's government at the county level.

If an enterprise occupies land for less than three years by mining or borrowing soil, with the approval of the municipal people's government divided into districts, it may go through the procedures for land use with reference to the provisions on temporary land use.

2. If the land requisition application is not approved, can the land requisition announcement be issued?

1. Land requisition has not been approved, and land requisition announcement cannot be issued.

After the requisition of land is approved according to law, the people's government of a city or county (city) divided into districts shall, within 5 days from the date of receiving the approval document for land requisition, issue a land requisition announcement to the township (town) or village where the land is requisitioned.

2. The announcement of land requisition shall contain the following items:

(1) Approval authority and approval number;

(2) The purpose, scope and area of land requisition;

(3) compensation standards for land acquisition;

(4) Resettlement measures for agricultural population;

(five) the organ, object, time limit and documents to be submitted for the registration of land acquisition compensation;

(6) Prohibited articles;

(seven) other matters that need to be announced.

3, after the announcement of land acquisition, land acquisition units and land contractors shall not rush to plant crops or rush to build buildings and structures.

The owner and user of the expropriated land shall, within the time limit stipulated in the announcement, go through the registration of land requisition compensation with the certificate of land ownership and the certificate of property right of the attached objects on the ground to the natural resources administrative department of the people's government designated by the announcement. Failing to apply for land acquisition compensation registration within the time limit shall be regarded as giving up compensation; However, unless there are justified reasons to delay the registration of land acquisition compensation.

If the government at or above the county level in Guangxi wants to expropriate land, it needs to formulate a new compensation standard for land expropriation in Guangxi before expropriation. After the compensation standard is formulated, it needs to be submitted to the staff of relevant state departments for approval.

I hope the above content can help you. If in doubt, please consult a professional lawyer.

Legal basis:

Article 53 of the Land Administration Law of the People's Republic of China

The land compensation fee for land requisition shall be implemented according to the following standards:

(a) the expropriation of basic farmland, paddy field according to ten times the average annual output value of the three years before expropriation compensation, dry land according to nine times the average annual output value of the three years before expropriation compensation;

(two) the expropriation of cultivated land other than basic farmland, paddy field according to nine times the average annual output value of the three years before the expropriation compensation, dry land according to seven times the average annual output value of the three years before the expropriation compensation;

(three) the expropriation of vegetable fields, fish ponds and lotus ponds shall be compensated by eight times the average annual output value of the three years before the expropriation;

(four) the expropriation of shelter forests and special-purpose forest land shall be compensated by nine times the average annual output value of local dry land in the three years before its expropriation;

(5) The requisitioned timber forest, economic forest and firewood forest land shall be compensated by four to seven times the average annual output value of the three years before the requisition, and the uncultivated land shall be compensated by three to four times the average annual output value of the three years before the local dry land is requisitioned;

(six) the expropriation of nurseries and flower beds shall be compensated by three to four times the average annual output value of the three years before the expropriation;

(seven) the expropriation of rotational rest and grazing land, according to the compensation of two to three times the average annual output value of the three years before the expropriation of local dry land;

(eight) the requisition of barren hills, wasteland, waste ditch and other unused land shall be compensated according to the average annual output value of local dry land in the three years before the requisition.

The above land types are determined according to the survey results of land use status.

Article 54

The resettlement subsidy for land requisition shall be implemented in accordance with the following standards:

(a) the total amount of resettlement subsidies for the expropriation of cultivated land is:

1。 Before expropriation, the per capita cultivated land exceeded 0. 06 hectares, five times the average annual output value of the cultivated land in the three years before it was requisitioned;

2。 Before expropriation, the per capita cultivated land exceeded 0. 05 hectares does not exceed 0. 06 hectares, six times the average annual output value of the cultivated land in the three years before it was requisitioned;

3。 Before expropriation, the per capita cultivated land exceeded 0. 04 hectares does not exceed 0. 05 hectares, eight times the average annual output value of the cultivated land in the three years before it was requisitioned;

4。 Before expropriation, the per capita cultivated land exceeded 0. 03 hectares does not exceed 0. 04 hectares, ten times the average annual output value of the cultivated land in the three years before it was requisitioned;

5。 Before expropriation, the per capita cultivated land exceeded 0. 025 hectares does not exceed 0. 03 hectares, 12 times the average annual output value of the cultivated land in the three years before it was requisitioned;

6。 Before expropriation, the per capita cultivated land exceeded 0. 02 hectares does not exceed 0. 025 hectares, 14 times the average annual output value of the cultivated land in the three years before it was requisitioned;

7。 Before expropriation, the per capita cultivated land does not exceed 0. 02 hectares, 15 times the average annual output value of the cultivated land in the three years before it was requisitioned.

(two) the expropriation of forest land, grassland, aquaculture water and other agricultural land, the total amount of resettlement subsidies is three to five times the average annual output value of the agricultural land in the three years before the expropriation.

Requisition of barren hills, wasteland, wasteland and other land without income will not pay resettlement subsidies.

Article 55

The compensation fee for young crops and attachments on the requisitioned land shall be implemented in accordance with the following provisions:

(a) short-term crops, according to the output value of compensation, is a perennial crop, according to its planting period and growth period to give reasonable compensation;

(2) if trees (fruits and bamboos) are transplanted conditionally, they shall be transplanted, and the labor cost of transplantation and the loss of seedlings shall be paid; If it cannot be transplanted, it shall be compensated at a fixed price;

(three) the compensation fees for houses and other buildings and structures shall be determined according to the replacement price and the combination, and the specific standards shall be stipulated by the people's governments of cities and counties (cities) with districts.

Buildings and structures built on illegally occupied land, crops and trees (fruits and bamboos), as well as those planted after the announcement of land requisition, shall not be compensated.

Article 56

If a construction project uses state-owned land such as state-owned agriculture, forestry, animal husbandry and fishery according to law, the land compensation fee and resettlement fee shall be 70% of the land compensation fee and resettlement fee levied on similar local collective land, and the compensation fee for young crops and ground attachments shall be handled in accordance with the measures for collective land compensation.

Article 57

The land requisition compensation standards for major infrastructure projects and other major construction projects and the measures for the administration of resettlement land for poor mountainous areas shall be formulated by the people's government of the autonomous region.