[Q&A Interpretation] About the interpretation of the Notice on the Comprehensive Land Price and Compensation Standard of Expropriated (occupied) Land
| Issuing agency: government office | Release time: 2023-11-22 13:11 | Share to |
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What is the basis for the comprehensive land price adjustment of the expropriated area？
Article 48 The standards of land compensation fees and resettlement fees for expropriated agricultural land shall be determined by provinces, autonomous regions and municipalities directly under the Central Government through the formulation and promulgation of the comprehensive land prices of the districts。The formulation of the comprehensive land price shall take into account factors such as the original use of land, land resource conditions, land output value, land location, land supply and demand relationship, population and economic and social development level, etc., and shall be adjusted or re-announced at least once every three years。
What is the comprehensive land premium for district plots？
It refers to the compensation standard directly used for land expropriation, which is divided into sections and calculated according to factors such as land type, output value, land location, agricultural land grade, local per capita cultivated land amount, land supply and demand relationship, economic development level and minimum living security level of urban residents。Compensation for ground fixtures and green seedlings is not included。
What is the compensation standard for expropriation of land？
(1) Compensation for expropriating (occupying) cultivated land。Of the compensation fee for land expropriation determined according to the comprehensive land price of the expropriated area, 70% is used as subsidies for the resettlement of farmers whose land is expropriated, and 30% is used for village collective economic organizations。If there are green seedlings on the land expropriated, the compensation fee for the green seedlings shall be paid。
(2) Compensation for expropriating (occupying) grasslands。The comprehensive land price shall be expropriated, and the compensation fee for expropriated (occupied) land shall be allocated, compensated and used by the grassland administrative department in accordance with relevant policies and regulations;The current income of pasture is paid to the grassland users (see Annex 2 for the compensation standard of the current income of pasture)。
(3) Compensation for expropriating (occupying) forest land。Implement the comprehensive land price of the expropriated area, and the expropriated (occupied) land compensation fee shall be distributed, compensated and used by the forestry department according to the relevant policies and regulations;Forest tree compensation shall be carried out according to the current standards of the forestry department, and the compensation fee shall be paid to the owner of the forest tree。
(4) Compensation for expropriating (occupying) other land。The land requisition compensation fee shall be paid to the land ownership unit。Where there is a lawful land contract, the land ownership unit shall compensate the contractor according to the contract。
(5) Compensation for buildings and attachments on land used for expropriation (occupation)。The compensation fee shall be paid to the owner of the above-ground buildings and attachments, and shall be determined by the parties to the land through negotiation or assessment according to law。
What is the compensation standard for temporary land use?
Land used temporarily for construction projects, geological exploration, etc., whose use period does not exceed one year, shall be compensated by 10% of the comprehensive land price of the expropriated area;If the use period does not exceed 2 years, compensation shall be given at 20%。If the destructive temporary land such as drilling mud pit, dirty oil pool, and construction site hardening is still unable to reach the state of cultivation after reclamation, the land use right holder shall be compensated according to 70% of the comprehensive land price of the expropriated area。
What is sporadic arable land, short land and pole compensation？
(1) For the temporary use of land for construction projects and geological exploration, if the use period does not exceed one year, the land use right holder shall be compensated according to 10% of the comprehensive land price of the expropriated area;If the use period is not more than 2 years, compensation shall be given according to 20% (the temporary land standard for petroleum seismic exploration shall be specified separately).。If the destructive temporary land such as drilling mud pit, dirty oil pool, and construction site hardening is still unable to reach the state of cultivation after reclamation, the land use right holder shall be compensated according to 70% of the comprehensive land price of the expropriated area。
(2) Burying all kinds of oil, water, gas pipelines and communication optical cables and other land, according to temporary land management and compensation。In addition, 20% of the comprehensive land price of the area will be compensated by the land use right holder.During the freezing period (November 15 to March 1 of the following year);During the ditching part, an additional 40% of the comprehensive land price of the area will be compensated。The surface soil and deep soil are stacked and backfilled respectively. After backfilling, the land is basically restored to the original state of the tilled layer without leaving the embankment.If a pipe embankment is to be left, compensation shall be made according to permanent land requisition。
What is the method of payment for land expropriation compensation？
The land expropriation compensation fee shall be calculated by the land expropriation competent department and incorporated into the financial budget management by the municipal finance。After the land requisition is approved, the land requisition compensation plan formulated by the municipal government shall be approved by the financial department and transferred to the social security department, occupied units and individual accounts;Those who expropriate (occupy) grasslands and woodlands for use shall be paid to the departments in charge of grasslands and forestry。
In which case there is no compensation？
No compensation shall be given to the green seedlings, trees, ground attachments and buildings that are seized for planting, planting or construction after the Pre-Announcement of Land Expropriation is issued according to law;No compensation shall be given for objects or buildings attached to the ground without legal documents。
Text interpretation:On the interpretation of the Notice on the Comprehensive Land Price and Compensation standard of Expropriated (occupied) land
Chart interpretation:On the interpretation of the Notice on the Comprehensive Land Price and Compensation standard of Expropriated (occupied) land
Video interpretation:On the interpretation of the Notice on the Comprehensive Land Price and Compensation standard of Expropriated (occupied) land
