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National compensation standard for civil land occupied by secondary highway construction
According to Article 47 of the Land Administration Law of the People's Republic of China, if land is expropriated, compensation shall be given according to the original use of the expropriated land. Compensation for requisition of cultivated land includes land compensation fee, resettlement fee and compensation fee for attachments and young crops on the ground.
The land compensation fee for expropriation of cultivated land is six to ten times the average annual output value of the cultivated land in the three years before expropriation. Farmland resettlement subsidy is calculated according to the number of agricultural population to be resettled. The number of agricultural population to be resettled shall be calculated according to the number of cultivated land expropriated divided by the average number of cultivated land occupied by each expropriated unit before land expropriation.
The resettlement subsidy standard for each agricultural population in need of resettlement is four to six times the average annual output value of the cultivated land in the three years before expropriation. However, the resettlement subsidy for each hectare of cultivated land to be expropriated shall not exceed fifteen times the average annual output value of the three years before expropriation.
The standards of land compensation fees and resettlement subsidies for the expropriation of other land shall be stipulated by provinces, autonomous regions and municipalities directly under the Central Government with reference to the standards of land compensation fees and resettlement subsidies for the expropriation of cultivated land.
The compensation standards for attachments and young crops on expropriated land shall be stipulated by provinces, autonomous regions and municipalities directly under the Central Government.
Requisition of vegetable fields in the suburbs of cities, land units shall pay the new vegetable field development and construction fund in accordance with the relevant provisions of the state.
If the payment of land compensation fees and resettlement subsidies in accordance with the provisions of the second paragraph of this article still fails to maintain the original living standards of farmers who need resettlement, 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 of the land in the three years before expropriation.
According to the level of social and economic development, under special circumstances, the State Council can raise the standards of cultivated land compensation and resettlement subsidies.
Extended data:
Rural land requisition compensation standard requirements:
1. The specific standards and amounts of various land acquisition compensation fees shall be stipulated in the land acquisition compensation and resettlement plan approved by the municipal and county governments according to law.
2. Determination of the average annual output value in the first three years of land acquisition (compensation standard of land compensation fee and resettlement subsidy): the unit price determined by the provincial land and resources department shall prevail and shall be implemented everywhere.
3, according to the provisions of the payment of land compensation fees, resettlement subsidies can not make the farmers who need to be resettled to maintain their original living standards, you can increase the resettlement subsidies. Demolition should be announced when the demolition notice, demolition resettlement compensation program, if not in accordance with legal procedures, you can bring an administrative lawsuit to safeguard the legitimate rights and interests.
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