What does land compensation mean?

Land compensation fee refers to the compensation given to land owners and land users because the state expropriates land collectively owned by farmers. According to China's current laws and regulations, land expropriation compensation includes young crops, compensation for overground objects, land compensation fees, resettlement subsidies and social security fees for landless farmers. According to the spirit of "the State Council's Decision on Deepening Reform and Strict Land Management" (Guo Fa [2004] No.28), the main part of land compensation fee should be given to landless farmers. Therefore, all provinces, cities and autonomous regions in China have successively formulated the distribution ratio of land compensation fees in their own provinces, cities and districts.

Second, the legal basis of land compensation fees

Paragraph 3 of Article 10 of the Constitution stipulates: "The state may expropriate or requisition land and make compensation in accordance with the law for the needs of public interests." Article 42 of the Property Law stipulates: "In the public interest, collectively owned land, houses of units and individuals and other immovable property may be expropriated in accordance with the authority and procedures prescribed by law." Paragraph 4 of Article 2 of the Land Management Law stipulates: "The state may expropriate or requisition land according to law for the needs of public interests and make compensation." Article 5 of the land contractual management right certificate stipulates that "farmers who contract land shall obey the basic construction of farmland. Obey the requirements of national construction land and obtain reasonable compensation according to law. " Therefore, there is a legal basis for rural land expropriation, and legal land expropriation should be protected.

Three, the calculation formula of land compensation fee

Land compensation fee = land acquisition area × average annual output value of the previous three years × compensation multiple (6≤ compensation multiple ≤ 10)

Note: Due to the differences in economic development among provinces and cities, the compensation standards are different. Please determine the specific standards according to local government documents.