Fortune Telling Collection - Free divination - How to compensate cultivated land occupied by national highway construction?
How to compensate cultivated land occupied by national highway construction?
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.
First, compensation for high-speed land acquisition
1, cultivated land compensation standard
The average compensation per mu in dry land is 6.5438+0.3 million yuan.
The average compensation for paddy fields is 20,000 yuan per mu.
The average compensation for vegetable fields is 30,000 yuan per mu.
2, the collection of basic farmland compensation standards
The average compensation per mu in dry land is 6.5438+0.76 million yuan.
The average compensation for paddy fields is 26,400 yuan per mu.
The average compensation for vegetable fields is 44,000 yuan per mu.
3. The average compensation per mu for requisition of forest land and other agricultural land is 0.64 million yuan.
4. The average compensation for requisitioning industrial and mining construction land, villagers' houses, roads and other collective construction land is 0.72 million yuan per mu.
5. Kucheji, barren hills, wasteland, wasteland, waste ditch and unused land are compensated at an average of 0.10.6 million yuan per mu.
(2) Other taxes and fees
1, farmland occupation tax, calculated at 2 yuan per square meter.
2, commodity vegetable development and construction fund, calculated at per mu 1 ten thousand yuan.
3. The land acquisition management fee is calculated at 3% of the total land acquisition cost. By the land and resources department in strict accordance with the relevant provisions.
4, cultivated land occupation and compensation balance reclamation fee, an average of 4000 yuan per mu, by the provincial land acquisition service agencies to organize the implementation, co-ordinate the use of swap, the provincial department of land and resources is responsible for supervision and acceptance.
(3) land requisition procedure
1. Notify the land requisition. Before the land acquisition is submitted for approval according to law, the local land and resources department shall inform the rural collective economic organizations and farmers who have been expropriated in writing of the purpose, location, compensation standard and resettlement method of land acquisition. After being informed, all the land-expropriated rural collective economic organizations and farmers planted, planted and built the ground attachments and young crops on the expropriated land without compensation.
2. Confirm the results of land acquisition survey. The department of land and resources shall, jointly with the departments of transportation and forestry, investigate the ownership, type and area of the land to be requisitioned and the ownership, type and quantity of the ground attachments, and the survey results shall be confirmed with the rural collective economic organizations, farmers and the owners of the ground attachments, and the city relocation office.
3. Organize land requisition hearings. Before the land requisition is submitted for approval according to law, the land and resources department shall inform the rural collective economic organizations and farmers that they have the right to apply for a hearing on the compensation standards and resettlement methods of the expropriated land. If a party applies for a hearing, it shall organize a hearing in accordance with the procedures and relevant requirements stipulated in the Provisions on Hearing of Land and Resources.
4. Sign the land acquisition compensation agreement. The land and resources department shall, in accordance with the compensation standards formulated in this plan, sign a land acquisition compensation agreement with the rural collective economic organizations and individual farmers whose land has been expropriated, and report the agreement together with the land acquisition amount as an essential content of the land acquisition report.
The average compensation per mu for cultivated land and dry land is 6.5438+0.3 million yuan, and that for paddy field is 20,000 yuan. The average compensation for industrial and mining construction land, villagers' houses, roads and other collective construction land is 0.72 million yuan per mu. The specific compensation fee varies according to the nature of the land.
2. What are the compensation methods for expressway land occupation?
1, monetary compensation
The amount of monetary compensation includes the compensation price of collective land, residential houses and the compensation price of land ownership position of homestead.
2. Property rights exchange
Criteria for the approved resettlement area of the demolished: If the approved construction area of the demolished house is less than (25-30) m2/person, it shall be approved as (25-30) m2/person; (25 ~ 60) square meters/person, according to the construction area for approval; More than 60 square meters/person, according to the per capita 60 square meters approved. Households with less than 2 people (including 2 people) shall be approved by 2 people; Married couples who have reached the legal childbearing age and have not given birth to children are approved by 3 people. If there are multiple collective land residential houses within the same demolition scope, the construction area of the houses shall be calculated together.
In recent years, with the continuous development of China's policies, the rights and interests of citizens will be fully protected. The national land expropriation compensation policy is also aimed at minimizing the loss of citizens. If the two sides have differences on the content of land acquisition compensation, it is suggested that the two sides resolve them through consultation. If negotiation fails, it can also be resolved through legal means such as litigation.
legal ground
Land Management Law of the People's Republic of China
Article 48
After the land acquisition compensation and resettlement plan is determined, the relevant local people's governments shall make an announcement and listen to the opinions of the rural collective economic organizations and farmers whose land has been expropriated.
Land Management Law of the People's Republic of China
Article 47
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.
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