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What is the significance of aerial photography of homestead?
Legal analysis: the ownership and use right of the homestead are separated, the ownership of the rural homestead belongs to the village collective, and the use right belongs to the house owner. Rural villagers' right to use the homestead is obtained based on the specific identity of "villagers". Villagers only have the right to use the homestead and cannot dispose of the homestead at will. It can be seen that the homestead does not belong to the heritage and cannot be inherited. But the houses built on the homestead belong to individual citizens and can be inherited. For the homestead that has inherited the house but has not been confirmed, according to the provisions in Several Opinions on Registration and Certification of Rural Collective Land Confirmation: "Members of the peasant collective who already own a homestead, rural or urban residents who are not members of the peasant collective, can register and issue certificates according to the regulations because they inherit the house, and the note column of the Collective Land Use Certificate should note that" the obligee is the legal heir of the house of the original member of the peasant collective ".
Legal basis: Law of the People's Republic of China on Land Management
Article 2 The following land belongs to the whole people, that is, the state:
(1) Land in urban areas;
(2) land that has been confiscated, expropriated and purchased as state-owned in rural areas and urban suburbs according to law;
(3) land expropriated by the state according to law;
(4) Woodlands, grasslands, wasteland, beaches and other lands that are not owned by collectives according to law;
(5) the land originally owned by the members of a rural collective economic organization when all its members are converted into urban residents;
(6) the land that was originally owned by the relocated farmers and was no longer used after the collective migration of the farmers' organized land due to national migration, natural disasters and other reasons.
article 48 fair and reasonable compensation should be given for land expropriation, so as to ensure that the original living standard of the landless farmers will not be reduced and their long-term livelihood will be guaranteed.
land expropriation should pay land compensation fees, resettlement subsidies and compensation fees for rural villagers' houses, other ground attachments and young crops in full and on time according to law, and arrange social security fees for land-expropriated farmers.
the standard of land compensation fee and resettlement subsidy for expropriation of agricultural land shall be determined by the provinces, autonomous regions and municipalities directly under the central government through the formulation and publication of comprehensive land prices. The formulation of regional comprehensive land price should comprehensively consider the original land use, land resource conditions, land output value, land location, land supply and demand, population and economic and social development level, and adjust or re-publish it at least once every three years.
the compensation standards for expropriation of land other than agricultural land, ground attachments and young crops shall be formulated by provinces, autonomous regions and municipalities directly under the central government. The rural villagers' houses should be compensated fairly and reasonably in accordance with the principle of compensation before relocation and improvement of living conditions, and the wishes of rural villagers should be respected, and fair and reasonable compensation should be given by rearranging the homestead for building, providing resettlement houses or monetary compensation, and compensation should be paid for the relocation and temporary resettlement expenses caused by expropriation, so as to protect the rural villagers' living rights and legitimate housing property rights and interests.
the local people's governments at or above the county level should bring the landless peasants into the corresponding social security system such as providing for the aged. The social security expenses of land-expropriated farmers are mainly used for social insurance payment subsidies such as endowment insurance for eligible land-expropriated farmers. Measures for the collection, management and use of social security fees for landless farmers shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.
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