Involving land and housing expropriation and resettlement! Zhejiang clarifies the compensation standard for land requisition for railway construction.

Railway construction is of great significance to promote the economic and social development of Zhejiang. Recently, the Provincial Development and Reform Commission and the Provincial Department of Natural Resources jointly issued the "Implementation Measures for the Collection and Resettlement of Railway Construction Land and Houses in Zhejiang Province (Trial)", which will be implemented on120. The "Implementation Measures" are applicable to trunk lines, feeder lines and intercity railway projects connecting the national railway network in Zhejiang Province.

The "Implementation Measures" clarify the scope of expropriation and the compensation standard for land acquisition ... The specific content, let's take a look with Xiao Bu ~

Collection range

The scope of expropriation within the red line includes all kinds of functional area land, demolition and resettlement land, existing railway land, road and ditch relocation land, water conservancy compensation land and corresponding above-ground and underground buildings and structures (including overburden) within the red line map of project land.

The compensation range outside the red line includes

Because railway construction involves "only land acquisition but not land acquisition" that does not change land ownership, including marginal land, sandwich land, "small three reforms" land and corresponding ground attachments.

Corner land refers to a small piece of land that cannot be cultivated surrounded by new railways and existing railways, high-grade highways, rivers, municipal roads, important pipelines and other barrier buildings and structures.

Sandwich land refers to a strip of land with a width less than 20 meters formed between new railways and existing railways, high-grade highways, rivers, municipal roads, important pipelines and other obstacle buildings and structures.

"Small Three Reforms" refers to the change of rural roads and ditches below the county level, and the land nature remains unchanged.

Houses, schools, hospitals, nursing homes and other environmentally sensitive buildings within 30 meters of the center line of the railway outer track.

Above-ground and underground buildings and structures (including overburden) whose safety protection distance on both sides of the railway does not meet the national standards and industry standards.

Due to the needs of railway engineering construction, the construction land used during the construction period is beyond the approved scope of the railway red line, including the construction land for temporary works such as waste residue yard, beam (slab) yard, bridge base, material processing (stacking) yard, construction access road, and the corresponding above-ground and underground buildings and structures (including covering layer).

The lines and pipelines that need to be relocated due to railway construction mainly include electric power, communication lines, water supply and drainage pipelines, oil, gas, materials and heating pipelines.

Since the people's government of a city or county (city) divided into districts issued the pre-announcement of land expropriation, no unit or individual may rush to plant seeds and build buildings within the scope of land expropriation, and those who rush to plant seeds and build buildings in violation of regulations will not be compensated and resettled.

Policy standards

The compensation standard for land requisition shall be implemented in accordance with the relevant national and provincial laws, regulations and policies, as well as the comprehensive land price and compensation policy for young crops and ground attachments in the requisitioned areas formulated and announced by the people's governments of cities and counties (cities, districts) along the railway.

Rural villagers' house demolition caused by land acquisition, demolition and resettlement can be compensated by monetary compensation and property right exchange. Old-age insurance for landless farmers and insurance payment subsidies shall be implemented in accordance with relevant national and local regulations.

The charging standards for supplementary cultivated land for construction projects shall be implemented in accordance with the relevant provisions of the state and the province, and the reclamation fees for cultivated land shall not be charged repeatedly;

If the occupation of permanent basic farmland is approved according to law, it is 2 times of the highest standard of local cultivated land reclamation fee, and 3 times of the highest standard of local cultivated land reclamation fee if the permanent basic farmland demonstration area is occupied;

Standard farmland construction, according to the provisions of relevant provincial documents.

In order to occupy high-quality cultivated land, the cultivated layer must be stripped and the related expenses should be included in the project budget. Stripped topsoil topsoil can be used for temporary land reclamation of this project, and can also be used for newly developed local cultivated land projects.

The occupation of water areas shall be in accordance with the provisions of relevant laws and regulations, and the compensation balance and functional remedial measures for water resources occupation shall be implemented. If water conservancy facilities are occupied, the measures of restitution or reconstruction before occupation shall be implemented. The compensation standard for requisition (occupation) of forest land and logging shall be implemented according to the relevant policies and regulations of the state, province and counties (cities, districts) along the line.

The recovery of agricultural land of state-owned farms shall refer to the local farmers' collective land expropriation standards (including land compensation fees, resettlement subsidies, compensation fees for young crops and ground attachments). If the amount collected in the red line exceeds 50% of the total construction area of the enterprise or directly affects the main production functions of the enterprise, and it is impossible to implement functional replacement and adjust the production layout, in principle, it will be collected as a whole. For environmentally sensitive buildings, priority should be given to functional replacement, relocation and other measures. If functional replacement and relocation cannot be carried out, compensation will be given according to the collection standards. The compensation fee for overlying mineral resources shall be implemented in accordance with the relevant provisions of the state and the province.

The compensation standard for temporary land use of construction projects shall be implemented in accordance with relevant local regulations and standards. Temporary land reclamation shall be carried out in accordance with the relevant provisions of the state and the province, and it is encouraged to replace the full pre-existing reclamation fees with the "bank guarantee construction unit commitment letter". When temporary land overlaps with marginal land and "small three changes" land (excluding mezzanine land), the temporary land cost and land compensation fee shall be calculated according to the principle of "same height" and shall not be repeated.

For the mezzanine land that can continue to be cultivated with unchanged land ownership, the compensation is temporarily 25,000 yuan/mu, and the people's governments at or above the county level can make reasonable adjustments by introducing relevant policies in light of local conditions. Marginal land in environmentally sensitive areas, small "three changes" land and land for house demolition and resettlement, sandwich land with unchanged land ownership and marginal land that cannot be cultivated shall be compensated according to the comprehensive land price (land compensation fee and resettlement subsidy), young crops and ground attachments compensation policies stipulated by the governments of counties (cities, districts) along the line.

The relocation of "Three Electricity" and underground pipelines on the ground should follow the principle of "seeking truth from facts and saving money", make overall plans for regional development, implement relevant industry standards and norms, and implement relocation cost standards in accordance with national and provincial valuation quotas and industry-related quotas.

For the compensation matters that are not covered by policies and regulations but actually exist, the local government shall entrust a third-party institution with corresponding qualifications to investigate and evaluate according to laws and regulations, and fully communicate and negotiate with the obligee to determine the compensation amount according to laws and regulations.

Scope of contract

The land and housing levy fees borne by the county (city, district) governments along the line shall be subject to the approval of the feasibility study and enjoy the right to share.

After the preliminary design of the railway project is approved, the project construction unit and the county (city, district) government shall sign a lump sum agreement for land and housing expropriation according to the approved budget of the preliminary design, and clarify the scope, quantity, cost and work progress requirements of the expropriation.

Matters fully included in local government contracts are:

Permanent land (including farmers' compensation for land requisition and the balance of cultivated land occupation and compensation) and resettlement land approval and collection.

Expropriation (relocation) of above-ground and underground houses, buildings and structures (including environmental protection demolition, railway safety management, demolition of existing railway production and living facilities and multi-channel and multi-channel facilities) and resettlement housing construction.

"Three Electricity" and the relocation of underground pipelines on the ground; Land compensation within the non-land red line involved in the relocation of roads and ditches and the increased costs beyond the existing standards. It covers mineral resources, cultural relics protection and geological disaster management.

Repair or compensation for damage to farmland, water conservancy facilities, water system and houses caused by construction (if the construction unit causes damage, the construction unit shall be responsible for compensation).

Matters not fully included in the local government contract are:

Comprehensive development land will not be included in the contract scope for the time being, and the project construction unit and the local government will implement it according to the relevant provisions of the state and province.

Temporary earth borrowing, reclamation, road and ditch relocation, topsoil stripping, etc. , by the project construction unit is responsible for, and bear the relevant expenses; The local county (city, district) government shall be responsible for the increased costs of the above matters beyond the preliminary design standards.

The adjustment of the scope and cost caused by the adjustment of national and provincial policies and the change of railway design shall be handled according to legal procedures.

Fund supervision

The collection of funds includes daily work funds, digital relocation funds, the purchase of necessary transportation and office equipment, and related staff allowances. In principle, according to the preliminary design approval standards, the project construction unit will allocate it to the local collection departments.

The project construction unit shall, according to the land and housing expropriation contract, limit the total contract amount in combination with the progress of the expropriation work, and timely allocate the land and housing expropriation fee to the expropriation account designated by the county (city, district) expropriation and resettlement institution.

County (city, district) collection and resettlement institutions should be strictly in accordance with the relevant provisions of the state on financial management, earmarking, accounting, strengthen management.

The fees charged within the contract scope can be independently adjusted by the county (city, district) people's government for land and housing expropriation and resettlement compensation and related expenses; The collection fee exceeding the total contract amount and the actual needs of the project construction shall be allocated by the county (city, district) collection and resettlement institution after the project construction unit confirms the collection scope and quantity, according to the corresponding policies, standards and procedures.

The scope of land and house expropriation and contracting remains unchanged, and the insufficient part of the contracting fee is raised and distributed by the county (city, district) government, and according to the relevant policies and regulations of the provincial, China Railway Group Co., Ltd. (formerly Tiezong) and county (city, district) governments, it will be incorporated into local shares or project capital reserves according to procedures; The balance of lump sum funds shall be handed over to the county (city, district) government for management and use according to laws and regulations. Due to the adjustment of national and provincial policies and the change of railway design, the change of related expenses should be handled according to legal procedures.

Each district and city is responsible for auditing and supervising the collection of lump sum funds in counties (cities, districts) within its jurisdiction to ensure that the use of funds is legal and compliant; The project construction unit shall, jointly with the local government, select a third-party evaluation unit according to laws and regulations to carry out the whole process of follow-up evaluation, and confirm the workload and expenses of land and housing expropriation in time.

County (city, district) government should take the land for railway construction and housing requisition and resettlement as an important assessment content and incorporate them into the annual work target assessment system.

Source: Zhejiang Publishing