The specific content of Changsha's land acquisition compensation and resettlement regulations

Chapter II General Provisions

Chapter III Compensation for Land Requisition

Chapter IV Land Requisition and Resettlement of Migrants

Chapter V Legal Liability

Chapter VI Supplementary Provisions

Chapter I General Provisions

Article 1 In order to strengthen the management of compensation and resettlement for land acquisition, ensure the smooth progress of land acquisition and protect the legitimate rights and interests of rural collective economic organizations and farmers whose land has been expropriated, these Regulations are formulated in accordance with relevant laws and regulations and combined with the actual situation of this Municipality.

Article 2 These Regulations shall apply to compensation and resettlement for land requisition within their respective administrative areas. Where laws and regulations provide otherwise, such provisions shall prevail.

Article 3 The term "compensation and resettlement for land expropriation" as mentioned in these Regulations refers to the state's expropriation of collectively-owned land in accordance with the law for the public interest, and compensation and resettlement for the expropriated rural collective economic organizations and farmers (including other units and individuals who legally use collective land, the same below).

The land administrative department of the fourth Municipal People's Government shall be responsible for the compensation and resettlement of land acquisition within the municipal area; The land administrative department of the county (city) people's government is responsible for the land requisition compensation and resettlement within the county (city), except the land administrative department of the Municipal People's government.

People's governments at all levels should strengthen their leadership over land acquisition, and relevant departments should do a good job in land acquisition compensation and resettlement according to their respective responsibilities; Street offices (fields) and village (neighborhood) committees shall support and cooperate with the land administrative departments to do a good job in land acquisition compensation and resettlement.

Fifth city and county (city) land administrative departments of the people's government shall, in accordance with these regulations, compensate and resettle the rural collective economic organizations and farmers whose land has been expropriated. Rural collective economic organizations and farmers whose land has been expropriated shall obey the needs of land expropriation by the state and shall not obstruct the land expropriation work.

Sixth in addition to the national land acquisition, no other unit or individual may carry out land acquisition activities.

Seventh units and individuals that have made outstanding contributions in the land acquisition compensation and resettlement work shall be commended and rewarded by the people's governments of cities and counties (cities).

Chapter II General Provisions

Eighth land acquisition plan by the city and county (city) people's government and its land administrative departments in accordance with the relevant provisions of the state. After the land acquisition plan is approved according to law, the people's government of the city or county (city) shall announce the land acquisition approval authority, approval number, land acquisition purpose, scope and area, land acquisition compensation basis, agricultural personnel placement method, land acquisition compensation registration place and time limit, etc. , and organize the implementation.

Article 9 Since the announcement of land requisition, the rural collective economic organizations and farmers whose land has been requisitioned shall not rush to plant crops or change the land use within the scope of land requisition. No compensation will be paid for the crops that are planted or planted, and the land use will be compensated according to the land use before change.

Article 10 The municipal and county (city) people's governments shall notify the public security, industry and commerce administration, planning and other relevant departments in writing at the same time when issuing the announcement of land requisition, and suspend registered permanent residence's moving in and separating households during the period of land requisition, issue a business license, and handle the relevant procedures such as house renovation and expansion, mortgage, lease and sale.

During the period of land acquisition, if it is really necessary to enter or separate households due to childbirth, marriage, demobilization of soldiers, it shall be verified by the land administrative department of the people's government of the city or county (city) and handled by the public security organ.

Article 11 The owners and users of the expropriated land shall, within the time limit stipulated in the announcement, go through the registration of land requisition compensation with the land ownership certificate to the land administrative department of the people's government designated in the announcement. If there are buildings (structures) on the expropriated land, legal certificates of the buildings (structures) shall also be provided. City, county (city) land administrative departments of the people's government shall organize land acquisition staff to the scene for investigation and verification.

Article 12 The land administrative department of the people's government of a city or county (city) shall, according to the approved land acquisition plan, work out a land acquisition compensation and resettlement plan jointly with relevant departments, including the number of land acquisition and demolition, the basis for compensation, the amount of compensation expenses, the way of agricultural personnel resettlement, the way of housing resettlement, the implementation steps and time limit of the land acquisition compensation and resettlement plan, etc.

Article 13 The land administrative departments of the people's governments of cities and counties (cities) shall announce the compensation and resettlement plan for the land to be expropriated in the townships (towns, fields, streets), villages and groups where the land has been expropriated, and listen to the opinions of the rural collective economic organizations and farmers. The village (neighborhood) committee where the expropriated land is located shall assist in listening to the opinions of farmers.

The land administrative department of the people's government of the city or county (city) shall submit the compensation and resettlement plan for the land to be expropriated and the opinions of the rural collective economic organizations and farmers whose land has been expropriated to the people's government of the city or county (city).

Article 14 The land administrative departments of the people's governments of cities and counties (cities) shall publish the approved land requisition compensation and resettlement scheme in the townships (towns, fields, streets), villages and groups where the land has been expropriated, and organize their implementation.

Fifteenth disputes over compensation standards for land acquisition shall be settled by the people's governments at or above the county level; If the coordination fails, it shall be decided by the people's government that approved the requisition of land. The dispute over land requisition compensation and resettlement does not affect the implementation of land requisition plan.

Sixteenth land acquisition compensation should be paid in full within three months from the date of approval of the land acquisition compensation and resettlement plan. Refuse to receive land acquisition compensation, with the consent of the people's government of the city or county (city), the land administrative department may deposit land acquisition compensation in a special account in the name of the expropriated land.

Rural collective economic organizations and farmers whose land has been expropriated shall dismantle and vacate the land within the time limit stipulated in the compensation and resettlement plan for land expropriation.

Seventeenth rural collective economic organizations whose land has been expropriated shall promptly pay the relevant expenses belonging to the peasants whose land has been expropriated, and announce the income and expenditure of the compensation expenses for land expropriation to the members of the collective economic organizations and accept supervision.

It is forbidden to occupy or misappropriate the land acquisition compensation and other related expenses of rural collective economic organizations and farmers whose land has been expropriated.

Eighteenth land administrative departments of the staff in the land acquisition compensation and resettlement work, must produce relevant documents, enforce the law impartially.

Chapter III Compensation for Land Requisition

Nineteenth expropriation of land should be compensated according to the original use of the expropriated land. Land acquisition compensation includes land compensation fees, resettlement fees and compensation fees for attachments and young crops on the ground.

Twentieth land compensation fees shall be paid in accordance with the following provisions:

(a) the expropriation of paddy fields, dry land, professional vegetable fields and professional fish ponds shall be compensated at six to ten times the standard of the average annual output value of the land in the three years before the expropriation.

(two) the expropriation of orchards and tea gardens shall be compensated according to the compensation standard of adjacent paddy fields; Requisition of other economic forest land shall be compensated according to the compensation standard of 50% to 70% of the adjacent paddy field land.

(three) the requisition of timber forest land shall be compensated according to the compensation standard of 30% to 50% of the adjacent paddy field land; The requisition of barren hills and wasteland shall be compensated at 20% of the compensation standard of adjacent paddy fields.

(four) the expropriation of ponds, canals, dams and other farmland water conservancy land, according to the compensation standard of adjacent paddy fields; The requisitioned reservoir shall be compensated according to 60% of the compensation standard of adjacent paddy fields.

(five) the expropriation of roads, compensation according to the compensation standard of land adjacent to the expropriated road.

Twenty-first resettlement subsidies shall be paid in accordance with the following provisions:

(a) the resettlement subsidy for the requisition of 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 amount of cultivated land requisitioned by the average amount of cultivated land occupied by each rural collective economic organization before land requisition. The resettlement subsidy standard for each agricultural population in need of resettlement is four to six times the average annual output value standard of the cultivated land in the three years before expropriation. However, the resettlement subsidy for each hectare of expropriated cultivated land shall not exceed fifteen times the average annual output value of the three years before expropriation. Requisition of professional fish ponds shall be handled with reference to the above provisions.

(two) the resettlement subsidies for the expropriation of orchards and tea gardens are four to six times the average annual output value of the adjacent paddy fields in the first three years. Requisition of other economic forest land will be subsidized by 70% according to four to six times of the average annual output value of adjacent paddy fields in the first three years.

(three) the resettlement subsidy for the requisition of timber forest land is 30% to 50% of the average annual output value of the land adjacent to paddy fields in the first three years. Requisition of barren hills and wasteland does not pay resettlement subsidies.

(four) the resettlement subsidy for the expropriation of ponds, canals, dams and other farmland water conservancy land is four to six times the average annual output value of the adjacent paddy fields in the first three years. The resettlement subsidy for requisitioning reservoirs is 60% of the average annual output value of adjacent paddy fields in the first three years.

(five) the expropriation of roads, which need to be rebuilt, shall be in accordance with the subsidy standard of the land adjacent to the expropriated road; Do not need to rebuild, do not pay resettlement subsidies.

Article 22 If the land compensation fees and resettlement subsidies paid in accordance with the provisions of these Regulations still cannot maintain the original living standards of farmers who need to be resettled, the resettlement subsidies may be increased upon examination by the people's government of the city or county (city) and approval by the provincial people's government. However, the sum of land compensation fees and resettlement subsidies shall not exceed 30 times of the average annual output value of the expropriated land in the first three years.

Twenty-third young crops and other compensation fees shall be paid according to the following provisions:

(a) young crops (including all kinds of vegetables, rice, wheat, potato crops, etc.). ), if the growth period is less than one year, it will be compensated according to the standard of average annual output value in the three years before collection, and if the growth period is more than one year, it will be compensated according to the standard of average annual output value in the three years before collection.

(two) adult fish, compensation according to the standard of the average annual output value of the three years before requisition; The fry and fingerling are compensated according to 1.2 times of the annual output standard of adjacent professional fish ponds; If the professional fish ponds outside the scope of expropriation need to be shut down due to construction, the compensation for shutdown shall be calculated according to the annual output value standard and shutdown time of professional fish ponds; Reduce the depth of water storage construction and make appropriate compensation.

(three) seedlings, flowers and economic trees shall be compensated according to the standard of the average annual output value of the adjacent paddy fields in the first three years combined with the cultivation years; Artificial timber forests and trees shall be compensated according to 50% of the average annual output value of adjacent paddy fields in the first three years combined with the cultivation period, but the compensation period shall not exceed four years at the longest; Non-artificially planted trees shall be compensated according to the standard of the average annual output value of adjacent paddy fields in the first three years; Scattered trees, converted into hectares for compensation; Potting only compensates for the handling fee. The compensated trees shall be relocated and vacated by the expropriated land within the prescribed time limit; Fails to handle, owned by the local. The trees that need to be preserved in the collection area shall be compensated separately according to the volume.

Twenty-fourth houses on expropriated land, the identification of their property rights, area, structure, nature of use and construction period, are based on legal documents such as land use right certificates before the announcement of land expropriation.

Twenty-fifth demolition of houses on the expropriated land, according to the legal construction area and the replacement price of the building structure after deducting the residual value of the standard compensation; Houses that need to be preserved in the expropriation area shall be compensated according to the replacement price standard of legal construction area and building structure; The original decoration of the demolished house shall be compensated separately in accordance with the relevant standards.

Demolition of illegal and illegal buildings and temporary buildings that are unconditionally demolished when the relevant legal documents indicate the needs of national construction will not be compensated. Demolition of temporary buildings that do not exceed the approved service life shall be compensated according to the replacement price of the building structure, deducting the residual value and remaining service life.

Twenty-sixth expropriation of township (town) village construction land, according to the statutory land area and construction land compensation standards to be compensated.

Article 27 If the production and living facilities of ponds and reservoirs cannot be relocated or need to be built easily within the scope of expropriation, compensation shall be given according to the original structure, engineering quantity and prescribed standards; Production and living facilities abandoned, no compensation.

Twenty-eighth demolition of electricity, telecommunications, water supply and drainage, gas and other facilities, according to the relevant provisions of the state to verify compensation; Abandoned, no compensation.

Twenty-ninth for national construction needs to recover state-owned land and lend it to rural collective economic organizations for farming, it should distinguish between different situations and give appropriate compensation. For the state-owned land borrowed before1986 65438+February 3 1, except for the compensation for young crops and production facilities, the resettlement subsidy is 50% of the resettlement subsidy standard; The state-owned land borrowed after1986 65438+February 3 1 is only compensated for young crops and production facilities. If the original land loan agreement is signed, it shall be performed according to the agreement.

Article 30 Where the temporary use of agricultural land is approved, the land user shall sign a temporary land use contract with the rural collective economic organization according to the land ownership, and make compensation year by year according to the standard of the average annual output value of the temporarily used land category, and the young crops and attachments on the land shall be compensated according to the provisions of these Regulations. After the expiration of temporary land use, the land is destroyed, and the land user is responsible for reclamation; If there are no conditions for reclamation, land reclamation fees shall be paid to be used exclusively for land reclamation.

Thirty-first the relocation of graves within the scope of land acquisition shall be announced and implemented in accordance with relevant state laws and regulations. Subsidies should be given, and subsidies should be given according to the prescribed standards. Within the time limit stipulated in the announcement, the tomb shall be moved by the owner himself; Fails to move, by the city and county (city) land administrative departments of the people's government in conjunction with the relevant departments.

Thirty-second large and medium-sized water conservancy and hydropower project construction land acquisition compensation standards and resettlement measures, according to the relevant provisions of the state.

Article 33 Land compensation fees for requisitioned land shall be owned by the requisitioned rural collective economic organizations; Compensation fees for ground attachments and young crops belong to the owners of ground attachments and young crops.

Thirty-fourth after the cultivated land is expropriated, the land administrative departments of the people's governments of cities and counties (cities) shall, in accordance with the provisions of the province on agricultural tax reduction and exemption, notify the relevant departments to go through the formalities for agricultural tax reduction and exemption in time.

Thirty-fifth countries and provinces have other provisions on land acquisition compensation standards, from those provisions.

Chapter IV Land Requisition and Resettlement of Migrants

Thirty-sixth after land expropriation, the people who need to be resettled shall be resettled by the rural collective economic organizations whose land has been expropriated, and the resettlement subsidies shall be managed and used by the rural collective economic organizations whose land has been expropriated.

Rural collective economic organizations whose land has been expropriated can be resettled through land consolidation, cultivated land reclamation, land adjustment, land reservation, establishment of enterprises and establishment of special funds for land acquisition and resettlement.

Where the reserved land is used for resettlement, the rural collective economic organizations whose land is expropriated shall set aside land for production and living in accordance with the approved construction land indicators and planning requirements, and use the reserved land and land acquisition compensation to resettle farmers' production and life in a unified way. Rural collective economic organizations with reserved land and expropriated land shall handle relevant land use and construction procedures according to law.

Article 37 After land expropriation, if the people who need to be resettled are resettled by other units, the rural collective economic organizations whose land has been expropriated shall pay resettlement subsidies to the resettlement units.

Thirty-eighth after the land acquisition, people who need to be resettled do not need to be resettled, and the resettlement subsidy can be paid to the individual or the insurance premium of the resettled person with the consent of the resettled person. Resettlement personnel shall sign an agreement with the rural collective economic organizations whose land has been requisitioned.

Thirty-ninth land acquisition and resettlement subsidies must be earmarked for the resettlement of people who need to be resettled due to land acquisition, and shall not be used for other purposes. City, county (city, district), township (town) people's governments and sub-district offices shall strengthen supervision over the use of resettlement subsidies.

Fortieth houses that need to be demolished and rebuilt must conform to urban planning and village and market town planning.

The land administrative departments of the people's governments of cities and counties (cities) shall, according to the needs of urban planning and reconstruction, arrange land use indicators according to the prescribed standards, and account the compensation expenses for construction land to the rural collective economic organizations whose land has been expropriated for the planning and design of reconstruction land, land use and construction procedures, compensation and resettlement, infrastructure construction, etc. After the rural collective economic organizations whose land has been expropriated have completed the construction of housing infrastructure, they can implement unified construction, or they can be built by farmers themselves.

According to the planning and reconstruction of villages and market towns, the land administrative departments of cities and counties (cities) shall pay land compensation fees, resettlement subsidies, ground attachments and young crops compensation fees to the rural collective economic organizations whose land has been expropriated according to the types of reconstruction land. After the rural collective economic organizations whose land has been expropriated have completed the compensation and resettlement of the land for reconstruction, they can carry out unified construction or be built by farmers themselves.

In accordance with the second and third paragraphs of this article, after the compensation for the reconstruction of farmers' houses, the original homestead and the area equal to the reconstruction land will no longer be compensated. If the original homestead is larger than the reconstruction land area and the homestead does not need to be rebuilt easily, the land compensation fee shall be compensated according to the annual output value standard of adjacent land types, and the resettlement subsidy shall not be subsidized.

Forty-first in the land collectively owned by farmers, farmers with more than two homesteads have been demolished, and if the other homesteads have reached the prescribed land area standard, no land will be zoned for reconstruction.

Forty-second relocation subsidies for the demolition of houses shall be subsidized according to the legal construction area of houses and the prescribed standards; In case of relocation of production equipment, the expenses for disassembly, handling and installation shall be paid separately according to relevant state regulations. Need to transition, pay two relocation subsidies.

Forty-third farmers residential housing reconstruction of the transitional subsidy period shall not exceed nine months, township (town), village construction land unit housing reconstruction of the transitional subsidy period shall not exceed twelve months. Transitional subsidies shall be given in accordance with the legal construction area of the house and the prescribed standards.

Forty-fourth demolition of houses under the lease term, the parties to the lease shall change or terminate the lease relationship within the period of land demolition as stipulated in the announcement. The lessor shall pay the lessee the compensation fee for the production and living facilities and the relocation subsidy belonging to the lessee.

Chapter V Legal Liability

Forty-fifth land acquisition activities in violation of the provisions of these regulations are invalid; Has been developed and constructed, according to the illegal transfer of land.

Forty-sixth embezzlement, misappropriation of rural collective economic organizations and farmers' land acquisition compensation and other related expenses, which constitutes a crime, shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be given administrative sanctions according to law.

Forty-seventh in violation of the provisions of this Ordinance, the expropriation of land hinders the national construction, and the land administrative department of the people's government of the city or county (city) shall order it to be dismantled within a time limit; If it is not removed within the time limit, it shall apply to the people's court for compulsory execution.

Forty-eighth hinder the land administrative department staff to perform their duties according to law, in violation of the "Regulations of the people's Republic of China on administrative penalties for public security", punished by the public security organs; If a crime is constituted, criminal responsibility shall be investigated according to law.

Forty-ninth land administrative departments staff dereliction of duty, abuse of power, corruption in the process of performing their duties, which constitutes a crime, shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be given administrative sanctions according to law.

Chapter VI Supplementary Provisions

Article 50 The annual output value standard, housing compensation standard, construction land compensation standard, land reclamation fee standard, production and living facilities compensation standard, grave relocation subsidy standard, moving subsidy standard, transitional subsidy standard and reserved land index in these Regulations shall be formulated separately by the Municipal People's Government.

Fifty-first compensation and resettlement for the use of state-owned agricultural land, public facilities in townships (towns) and villages, and the use of collectively owned land other than collective economic organizations by public welfare undertakings may be implemented with reference to these regulations.

Article 52 These Regulations shall be promulgated by the Standing Committee of Changsha Municipal People's Congress after being approved by the Standing Committee of Hunan Provincial People's Congress, and shall come into force on June 65438+ 10/day, 2000.