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What is compensation and resettlement?
The compensation standard for rural land expropriation consists of land compensation fee, resettlement subsidy and young crop compensation fee.
I. Land compensation fee
How is the land compensation fee for land requisition calculated? The land compensation fee is generally six to ten times the average annual output value of the cultivated land in the three years before it is requisitioned.
II. Subsidies for land acquisition and resettlement
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.
Third, the young crops compensation standard
For the newly sown crops, the production cost will be compensated by one third of the quarterly output value. For growing crops, the maximum compensation is based on the output value in the first quarter. Crops, oilseeds and tender vegetables that can be harvested will not be compensated. Perennial economic trees should be transplanted as far as possible, and the land use unit should pay the transplant fee; Can not be transplanted and must be cut down, the land unit should be compensated according to the actual value. For timber trees, the owner of the tree will cut them down for free.
Four, other attachments compensation standard
Land requisition needs to relocate railways, highways, high-voltage power lines, communication lines, broadcasting lines, etc. , and need to negotiate with relevant departments according to the specific situation, prepare the investment estimate, and include it in the preliminary design estimate for approval. Compensation for the demolition of farmland water conservancy facilities and other supporting buildings, wells, artificial fish ponds, farms, graves, toilets, pigsty, etc. Payment shall be made according to relevant standards. Land units that occupy cultivated land for building houses or engage in other non-agricultural construction shall pay cultivated land occupation tax in accordance with the Provisional Regulations of the People's Republic of China on Farmland Occupation Tax.
Requirements of rural land requisition compensation standard
1. The specific standards and amounts of various land acquisition compensation expenses shall be stipulated in the land acquisition compensation and resettlement plan approved by the city and county according to law.
2. Determination of the average annual output value in the three years before land acquisition (compensation standard of land compensation fee and resettlement subsidy): the annual statistical report of the most basic unit approved by the local statistical department and the unit price approved by the price department shall prevail.
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. The original land compensation fee and resettlement subsidy shall not exceed 30 times of the average annual output value in the three years before land acquisition, which has been deleted in the Land Management Law on March 26th, 20 13.
National policy of requisitioning rural land
If land is requisitioned, compensation shall be given according to the original use of the requisitioned 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. The resettlement subsidy for requisitioned 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 number of cultivated land requisitioned by the average number of cultivated land occupied by each requisitioned unit 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 of the cultivated land in the three years before expropriation. However, the maximum resettlement subsidy per hectare of cultivated land to be expropriated shall not exceed three years before expropriation.
The standards of land compensation 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 and resettlement subsidies for the expropriation of cultivated land. Thanks for reading!
Question 2: What do land compensation multiples and resettlement compensation multiples mean? "Land compensation multiple" and "resettlement compensation multiple" mean that the land compensation fee is calculated at 6- 10 times of the average annual output value of the expropriated land in the first three years, and the resettlement subsidy is calculated at 4-6 times of the average annual output value of the expropriated land in the first three years.
Specific provisions on compensation standards for land acquisition:
1. The specific standards and amounts of various land acquisition compensation expenses shall be stipulated in the land acquisition compensation and resettlement plan approved by the city and county according to law.
2. Determination of the average annual output value in the three years before land acquisition (compensation standard of land compensation fee and resettlement subsidy): the annual statistical report of the most basic unit approved by the local statistical department and the unit price approved by the price department shall prevail.
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. The original land compensation fee and resettlement subsidy shall not exceed 30 times of the average annual output value in the three years before land acquisition, which has been deleted in the Land Management Law on March 26th, 20 13.
Question 3: What is collective property compensation and resettlement, and what does it mean? `) Natural eggs
Question 4: What are land compensation fees and resettlement subsidies? Resettlement subsidy refers to the subsidy for the land-expropriated unit to resettle the surplus labor force generated by land expropriation.
Article 26 of the Regulations on the Implementation of the Land Management Law of the People's Republic of China stipulates that "land compensation fees shall be owned by rural collective economic organizations; Compensation fees for ground attachments and young crops belong to the owners of ground attachments and young crops; The resettlement subsidy for the expropriated land must be earmarked for special purposes and shall not be used for other purposes. Need to be resettled by rural collective economic organizations, resettlement subsidies paid to rural collective economic organizations, managed and used by rural collective economic organizations; Resettlement by other units, resettlement subsidies paid to resettlement units; If there is no need for unified resettlement, the resettlement subsidy will be paid to the resettlement individual or used to pay the insurance premium of the resettlement person with the consent of the resettlement person. " Please consult the local land department for specific compensation matters.
Question 5: What does it mean that the compensation for demolition is assessed by a third party? "Demolition compensation is assessed by a third party" means that the area or amount of demolition compensation is not jointly assessed by the demolition party and the demolished party, but by a third party with no conflict of interest with the demolition party and the demolished party. This evaluation result is more objective, fair and reasonable. Thanks for reading!
Question 6: What does1.8 times the compensation for house demolition mean? You may mean that the developer will tear down the house before returning it, according to the ratio of 1: 1, 8. It means the square of the house you demolished. Multiplied by 1, 8 is the area of the returned house.
Question 7: What does monetary termination of compensation for house demolition mean?
1, property right replacement (directly supplement the property with the same value). There are two ways to replace property rights:
① Relocation and resettlement refers to the demolition and reconstruction of houses by developers, and then relocation and resettlement of relocated households, and relocation compensation through proportional replacement of property rights;
② Resettlement in different places. Because the developer's project does not involve housing or plot ratio, it is impossible to relocate, so we can only build resettlement houses in other places, and then try to replace the equivalent property rights through the increase or decrease of property rights.
2. Monetary compensation (corresponding cash compensation according to land and real estate valuation)
According to different legal basis, the demolished houses are professionally evaluated by professional evaluation institutions, and the well-documented compensation amount is generated. There are three legal evaluation bases for monetary compensation, which are applicable to different situations:
① Market evaluation price refers to the real estate market price of the demolished houses, and the objective and reasonable price or value of real estate at the evaluation time is evaluated and judged by professional evaluation institutions.
② The average transaction price of commercial housing refers to the average transaction price of commercial housing of the same type in the same region, which is regularly summarized, calculated and published by relevant departments every quarter.
(3) The replacement price refers to the price evaluation of brand-new buildings with the same function and use by appraisal institutions.
3. Combination of property right replacement and monetary compensation (both monetary compensation and housing)
Affected by the urbanization process in China and other factors, house prices and land prices are inflated. At this time, house demolition can't be solved only by monetary repayment or property right replacement.
Compensation for Demolition Many relocated households choose property right replacement and monetary compensation, but at present * * * encourages monetary resettlement.
Question 8: What does 1: 1 apartment 1: 3 mean? The compensation for house demolition can be monetary compensation or property right exchange. Monetary compensation, the demolition and demolition can refer to the market transaction price of similar houses, and determine the amount of monetary compensation through consultation; Can also * * * with the choice of real estate price assessment agencies, the demolition of housing price assessment, determine the amount of monetary compensation. "Regulations on the Management of Urban House Demolition" stipulates: Article 12 Compensation for house demolition can be monetary compensation or exchange of house property rights. Unless otherwise stipulated by the state, the compensation method for demolition shall be chosen by the demolished person. Thirteenth monetary compensation, demolition and demolition can refer to the market transaction price of similar houses, negotiate to determine the amount of monetary compensation; Can also * * * with the choice of real estate price assessment agencies, the demolition of housing price assessment, determine the amount of monetary compensation. The assessment fee is paid by the residents. Where monetary compensation is implemented, the demolition compensation and resettlement agreement shall stipulate the compensation amount, payment method, payment date, relocation date, relocation allowance and liability for breach of contract, as well as other terms agreed by the parties; Where property rights exchange is implemented, the demolition compensation and resettlement agreement shall also stipulate the location, area, structure, settlement price difference of the property rights exchange house, as well as the relocation transition mode, transition period and temporary resettlement subsidy.
Question 9: What does the company relocation compensation N 1 mean? Ask about the local compensation policy for demolition. Refer to relevant laws and regulations: Article 17 of the Regulations on Expropriation and Compensation of Houses on State-owned Land. The compensation given to the expropriated person by the people's government at the city or county level that made the decision on house expropriation includes: (1) compensation for the value of the expropriated house; (two) relocation compensation and temporary resettlement caused by the expropriation of houses; (3) Compensation for losses caused by expropriation of houses. City and county people * * * shall formulate measures for subsidies and incentives, and give subsidies and incentives to the expropriated people. Eighteenth expropriation of individual housing, the expropriated person meets the housing security conditions, the people's government at the city or county level shall give priority to housing security. Specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government. Nineteenth the compensation for the value of the expropriated house shall not be lower than the market price of the expropriated house similar to real estate on the date of the announcement of the house expropriation decision. The value of the house to be expropriated shall be assessed and determined by a real estate price assessment agency with corresponding qualifications in accordance with the house expropriation assessment method. If there is any objection to the value of the expropriated house determined by the assessment, it may apply to the real estate price assessment agency for review and assessment. If there is any objection to the review results, you may apply to the real estate price evaluation expert Committee for appraisal. Measures for the assessment of housing expropriation shall be formulated by the competent department of housing and urban construction in the State Council, and opinions shall be solicited from the public during the formulation process.
Question 10: Explain what is resettlement compensation and what is land acquisition compensation. Compensation for land expropriation refers to the state's expropriation or requisition of land collectively owned by farmers in accordance with the law for the needs of public interests, and compensation is given according to the original purpose of land expropriation.
Demolition compensation refers to the legal demolition of residential or non-residential houses after the evaluation of the house value in the process of land acquisition, and the compensation to the owner of the house property.
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