Compensation standard for demolition in Shangcai County

Legal analysis: Shangcai County People's Government plans to expropriate the collective land of your village for the implementation of the overall land use planning of Shangcai County and the 20021annual land use plan. According to the provisions of Article 47 and Article 48 of the Land Management Law of the People's Republic of China, the contents and related matters of the land acquisition compensation and resettlement plan are hereby announced as follows:

I. Land compensation fee and resettlement subsidy standard (implemented according to JUNG WOO [2016] No.48 document)

The project plans to requisition 4.2036 hectares of cultivated land, 0.9390 hectares of forest land and 0. 1848 hectares of other agricultural land, totaling 5.3274 hectares; The standard of land compensation and resettlement subsidy is 705,000 yuan per hectare (equivalent to 47,000 yuan per mu).

Second, the social security fee standard (according to the provisions of Yu Renshe [2019] No.2)

The standard of farmers' social security fee for expropriated land is 6 1.650 yuan/hectare (equivalent to 41.654,38+0.000 yuan per mu).

Iii. Compensation standard for above-ground attachments (according to Government [2016] No.86)

Requisition of attachments on cultivated land and permanent buildings on the ground. According to the actual situation of the expropriated land, it will be compensated in accordance with the relevant provisions of the Notice of Zhumadian Municipal People's Government on Adjusting the Compensation Standard for Young Crop Fees and Attachments on National Construction Collective Land (No.86 issued by Zhumadian Municipal People's Government [2016]).

Four. Agricultural personnel placement measures

1. Monetary resettlement: the compensation and resettlement fee of RMB 3,755,438+07,000 will be paid in full and on time to the farmers of the landless villagers' group according to law.

2. Social Security Resettlement: A total of 3,284,342 yuan of social security funds were realized in this batch of land and deposited in the social security fund special account of Shangcai County. After the land acquisition is approved, Shangcai County will resettle the land-expropriated farmers in strict accordance with the Notice of Henan Provincial Department of Human Resources and Social Security on Publishing the Minimum Social Security Expenses for Land-expropriated Farmers in 20 19 (No.2 of People's Social Security Regulations [2065438+09]) and other relevant documents. If the social security funds are insufficient, the Shangcai County People's Government will make up for it from the land transfer fee and record it in the personal account or overall account according to the regulations.

Five, the land owner, the expropriated land use right holder from the date of this announcement, if there is any objection, please submit a written application to the Shangcai County People's Government within 30 days, and hold a hearing. If the applicant fails, it will be deemed as consent.

Legal basis: Article 47 of the Land Management Law stipulates that 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.

Article 48 of the Land Management Law: After the compensation and resettlement plan for land expropriation is determined, the relevant local people's government shall announce it and listen to the opinions of the rural collective economic organizations and farmers whose land has been expropriated.