How is compensation given for the expropriation of farmers' land?

State compensation standards for land expropriation:

1. Determination of the average annual output value of the land in the three years before it is expropriated (compensation standards regarding land compensation fees and resettlement subsidies): according to the annual statistical report of the most basic unit as validated by the local statistical department and the unit price approved by the price department.

2. If the land compensation fee and resettlement subsidy paid in accordance with the regulations are not enough to enable the farmers who need to be resettled to maintain their original standard of living, the resettlement subsidy may be increased. However, the sum of the land compensation fee and resettlement subsidy shall not exceed 30 times the average annual production value of the land in the three years before it was expropriated.

3. The specific standard and amount of each land acquisition compensation fee shall be stipulated in the land acquisition compensation and resettlement program approved by the municipal and county governments in accordance with the law.

According to Article 47 of the Land Management Law of the People's Republic of China, if land is expropriated, compensation will be given in accordance with the original use of the expropriated land.

The compensation fee for the expropriation of arable land includes the land compensation fee, the resettlement subsidy fee, and the compensation fee for ground attachments and seedlings. The land compensation fee for the expropriation of arable land shall be six to ten times the average annual production value of the arable land in the three years before it is expropriated. The resettlement subsidy for the expropriation of arable land is calculated according to the number of the agricultural population to be resettled.

The number of agricultural population to be resettled is calculated in accordance with the number of arable lands expropriated divided by the average number of arable lands occupied by each person in the expropriated unit before the expropriation. The standard resettlement subsidy for each agricultural population to be resettled shall be four to six times the average annual production value of the arable land in the three years before it was expropriated. However, the maximum resettlement subsidy per hectare of expropriated arable land shall not exceed fifteen times the average annual production value of the three years preceding the expropriation.

The standards of land compensation fees and resettlement subsidies for the expropriation of other land shall be stipulated by the 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 arable land.

Expanded Information:

Notification of Land Expropriation Before submitting a land expropriation report for approval, the municipal and county land and resource bureaus shall make a Notification Letter of Expropriation to notify the rural collective economic organizations and farmers of the land being expropriated of the purpose and location of the land to be expropriated.

The Notice of Land Acquisition shall be posted by the Land and Resources Office in the village where the land to be acquired is located. Where possible, the municipal or county land and resource bureaus shall post the Notice of Land Acquisition on the Internet and broadcast it on local television stations. The process of posting, releasing or broadcasting the Notice of Land Acquisition shall be videotaped and videotaped, and the photographs and video materials taken out shall be properly preserved for examination. The Notice of Land Expropriation shall not disclose state secrets.

The land requisition survey confirms that before the land requisition is submitted for approval, the municipal and county land and resource bureaus or land and resource institutes shall investigate and verify the ownership of the land to be requisitioned, the land type, the area, and the ownership, type, specification and quantity of the attachments on the ground, etc., and shall fill in the Confirmation of the Results of the Survey of the Land Requisition accordingly, which is confirmed by the seals and signatures of the collective economic organizations of the rural areas where the land is to be requisitioned, the farm households and the owners of the attachments on the ground.

The municipal and county land and resources bureaus will confirm the ownership, type, area and people's government with the right of approval of the land to be expropriated to the rural collective economic organizations and farmers to the same level of the labor security department. The labor security department at the same level promptly determines the conditions, number of social security recipients of the expropriated farmers, the financing channels for pension insurance premiums, and the contribution ratio, and writes to the Land and Resources Bureau at the same level.

The hearing notification of land expropriation Before the land expropriation is submitted for approval, the municipal and county bureaus of land and resources shall make a "hearing notification letter" to notify the rural collective economic organizations and farm households of the land to be expropriated of the compensation standards, resettlement paths, and the conditions and number of social security recipients of the expropriated farmers determined by the local departments of labor and security, and the channels for financing the old-age insurance premiums, and the proportion of the contributions, and to notify the rural collective economic organizations and farm households of the expropriated land of their interest in compensating for the compensation. Collective economic organizations and farmers enjoy the right to apply for a hearing on compensation standards, resettlement channels and social security measures.

References:

Baidu Encyclopedia - Compensation for Land Expropriation

Baidu Encyclopedia - Land Management Law of the People's Republic of China