Reservoir immigrants are compensated according to population.

Compensation standard for reservoir relocation houses: the compensation standard for land acquisition and relocation is not fixed, and there is no unified calculation standard. Generally, the people's government at the city or county level, which is reported by the house expropriation department to make a decision on house expropriation, makes a compensation decision according to the compensation scheme and makes an announcement within the scope of house expropriation.

First, is the compensation for reservoir demolition per head?

Compensation for reservoir demolition is generally not per capita. Generally speaking, there is no per capita compensation for the resettlement of large and medium-sized water conservancy and hydropower immigrants, and the relocation and resettlement are carried out by households.

Regulations on Land Requisition Compensation and Resettlement for Large and Medium-sized Water Conservancy and Hydropower Projects

Article 21

Land for large and medium-sized water conservancy and hydropower construction projects shall be applied for according to law and go through the examination and approval procedures, with one-time approval and installment collection, and land acquisition compensation shall be paid on schedule.

Emergency flood control and waterlogging control projects may use the land first and then go through the formalities for land use upon the decision of the people's government with the right of approval.

Twenty-second large and medium-sized water conservancy and hydropower project construction expropriation of cultivated land, the sum of land compensation and resettlement subsidies for the three years before the expropriation of the average annual output value of 16 times. Land compensation fees and resettlement subsidies can't make the immigrants who need resettlement maintain their original living standards, and if the standards need to be improved, the project legal person or the competent department of the project shall report to the project examination and approval department for approval. The standards of land compensation and resettlement subsidies for the expropriation of other land shall be implemented in accordance with the standards stipulated by the provinces, autonomous regions and municipalities directly under the Central Government where the project is located.

The compensation standards for scattered trees and young crops on the expropriated land shall be implemented in accordance with the standards stipulated by the provinces, autonomous regions and municipalities directly under the Central Government where the project is located.

The attachments on the expropriated land shall be compensated according to their original scale, original standards or the principle of restoring their original functions; Appropriate subsidies should be given to poor immigrants whose compensation expenses are not enough to build basic housing.

Other units or individuals who use state-owned cultivated land according to law shall be compensated according to the compensation standard for expropriation of cultivated land; Units or individuals that use unused state-owned land with undetermined purposes shall not be compensated.

After the relocation of immigrants, the scattered trees and houses belonging to immigrants above the submerged line around the reservoir shall be compensated according to the standards stipulated in the third and fourth paragraphs of this article respectively.

2. Can I apply for state compensation if my house is illegally demolished?

If the house is illegally demolished, you can apply for state compensation. According to the regulations, if an administrative organ and its staff infringe upon property rights in the exercise of administrative functions and powers, the victim has the right to compensation:

(a) illegal implementation of fines, revocation of permits and licenses, ordered to suspend production or business, confiscation of property and other administrative penalties;

(two) illegal seizure, seizure, freezing and other administrative coercive measures against property;

(3) Illegal expropriation or requisition of property;

(four) other illegal acts that cause property losses.

Three. Compensation litigation for house demolition

The administrative litigation of house demolition disputes is the sum total of the activities that the demolition parties bring a lawsuit to the people's court in accordance with the provisions of the Administrative Procedure Law, considering that the specific administrative act of the administrative organ infringes on their legitimate rights and interests. The people's courts try and solve the demolition dispute cases involving the demolition parties and other demolition participants, as well as the legal relations arising from these activities. The definition of the above-mentioned administrative litigation for demolition includes the following elements:

First, the plaintiff in the administrative litigation of demolition is the demolisher or the demolished person and other people or organizations with interests in the demolition activities, and the defendant is the demolition management department of a specific state administrative organ, which is what people usually call the subject specificity of administrative litigation.

Second, the object of administrative litigation of demolition is the specific administrative act of demolition made by the demolition management organ.

Thirdly, the administrative litigation of demolition is caused by the fact that the parties or participants in the demolition think that the demolition management organ has violated their legitimate rights and interests. The key here is that there is infringement, not actually. Whether there is infringement is a problem to be solved in litigation, as long as the plaintiff thinks subjectively when suing.

Fourthly, the administrative litigation of demolition is different from the administrative adjudication of demolition disputes. It is judicial and a judicial activity, which must be carried out under the leadership of the state judicial organs.

1, the demolisher, the demolished person and the lessee cannot reach a compensation agreement for demolition and resettlement, resulting in a dispute;

2, the demolition and demolition, housing tenant reached a demolition compensation and resettlement agreement, the demolition or housing tenant refused to move within the relocation period, forming a dispute.

Treatment method:

1. Handling of the above-mentioned disputes of category I:

(1). Administrative ruling: Upon the application of the parties, the house demolition management department of the local people's government at or above the county level shall make a ruling. Housing demolition management department is the demolition, managed by the people's government at the same level. The contents of the ruling shall include the compensation method and amount, the area and location of the resettlement house, the relocation period, the relocation transition mode and the transition period. The ruling shall be made within 30 days from the date of accepting the application.

(2) Prosecuting according to law: If the party concerned refuses to accept the ruling, he may apply for administrative reconsideration to the people's government at the same level of the house demolition management department that made the ruling within 60 days from the date of receiving the ruling. You can also bring a suit in a people's court within 3 months from the date of receiving the award.

(3) Forced demolition: If the demolished person or lessee refuses to carry out the ruling of the house demolition management department and fails to move within the relocation period stipulated in the ruling, the forced demolition can be carried out according to law, and the people's government of the city or county where the house is located will instruct the relevant departments to implement it, or the house demolition management department will apply to the people's court for execution.

I hope the above content can help you. Please consult a professional lawyer if you have any other questions.

Legal basis: Regulations on Land Requisition Compensation and Resettlement for Large and Medium-sized Water Conservancy and Hydropower Projects Article 22 The land compensation and resettlement subsidies for land requisitioned by large and medium-sized water conservancy and hydropower projects are the same as those for infrastructure projects such as railways, and shall be implemented according to the standards stipulated by the provinces, autonomous regions and municipalities directly under the Central Government where the land is requisitioned. The compensation standards for scattered trees and young crops on the expropriated land shall be implemented in accordance with the standards stipulated by the provinces, autonomous regions and municipalities directly under the Central Government where the expropriated land is located. The attachments on the expropriated land shall be compensated according to their original scale, original standards or the principle of restoring their original functions; Appropriate subsidies should be given to poor immigrants whose compensation expenses are not enough to build basic housing. Other units or individuals who use state-owned cultivated land according to law shall be compensated according to the compensation standard for expropriation of cultivated land; Units or individuals that use unused state-owned land with undetermined purposes shall not be compensated. After the immigrants move away, the scattered trees and houses owned by the immigrants above the submerged line around the reservoir shall be compensated according to the standards stipulated in the second and third paragraphs of this article respectively.