Land expropriation mainly refers to the compulsory expropriation of farmers' collective land by the state in accordance with legal procedures for the needs of public interests, and gives one-time monetary compensation to the expropriated people (including land owners, users, contractors, subcontractors, etc.). According to the compensation standard, some people must also make necessary employment placement as required.
Generally speaking, as long as it is out of public interest, land collectively owned by farmers can be forcibly expropriated. However, in order to protect cultivated land, China strictly controls the conversion of cultivated land into non-cultivated land.
Edit this approval process
Basic approval process
Land requisition ①→ policy review ② → survey and demarcation ③ → issuing land requisition pre-announcement ④ → land requisition survey ⑤ → social security survey ⑦ → social security scheme review ⑧ → organizing land requisition hearing ⑨ → paying examination and approval fee ⑩.
Detailed description of the approval process
1. Application for land requisition: The project owner submits an application for land requisition for the construction project to the Municipal Bureau of Land and Resources in accordance with the relevant provisions of the state and autonomous regions on land requisition approval.
The materials to be submitted when applying for land requisition include: the application report for land requisition of the project, the pre-examination approval documents for land use of the construction project, the project approval documents (materials for project approval or project filing), the planning scope map for land use of the project and other related materials. If it is a separate site selection construction project, it is necessary to submit the filing documents of the geological disaster and collapse assessment report; If the project involves the occupation of forest land, the approval document of forest land shall be submitted; If the project involves land reclamation, it is necessary to submit the review opinions of the land reclamation plan.
Second, policy review. The Municipal Bureau of Land and Resources shall review the land requisition application materials submitted by the project owners, and if the land requisition conditions are met, the land requisition task shall be decomposed and distributed to the people's government of the jurisdiction, the municipal land requisition and demolition office and relevant departments, and the project owners shall entrust the surveying and mapping technical unit (the Municipal Land and Resources Information Center) to carry out the land survey and demarcation work.
Third, survey and demarcation. The people's government of the jurisdiction shall organize the land expropriated person to cooperate with the Municipal Bureau of Land and Resources, the Municipal Land Expropriation and Demolition Office, and the surveying and mapping technical unit to survey the scope and ownership boundary of land expropriation, survey and map the topography, features and landforms, and verify the land types.
Fourth, issue a pre-announcement of land acquisition. According to the preliminary results of land survey and demarcation, the Municipal Land Acquisition and Demolition Office draws up the pre-announcement of land acquisition (draft for review), and after being audited by the Municipal Bureau of Land and Resources, it will be reported to the Municipal People's Government for issuing the pre-announcement of land acquisition. The Municipal Bureau of Land and Resources will announce the pre-announcement of land acquisition by the people's government of the town (street) and village (community) where the land acquisition is located, and send a copy to the Municipal Labor and Social Security Bureau, the Municipal Agriculture Bureau, the Municipal Public Security Bureau, the municipal government bureau and other relevant units;
5. Land requisition survey. The Municipal Bureau of Land and Resources organized the people's government of the area under its jurisdiction, the Municipal Land Acquisition and Demolition Office and relevant departments to investigate the land ownership, land type and area involved in land acquisition, mediate disputes over the ownership of land and houses, and verify the per capita cultivated land area of the rural collective economic organizations whose land has been expropriated and the changes of the per capita cultivated land before and after land acquisition, as well as the types, quantity, structure and property rights of buildings and attachments on the ground. The district government and its land acquisition and demolition office organize rural collective economic organizations, land contracting business households and related rights holders to sign and confirm, and submit land acquisition questionnaire, land acquisition area confirmation form, land acquisition attachment compensation registration form and other land acquisition approval materials to the municipal land acquisition and demolition office;
An investigation on social security of intransitive verbs. Under the guidance of the Municipal Land Expropriation and Demolition Office, the Municipal Labor and Social Security Bureau, the Civil Affairs Bureau and the Municipal Health Bureau, the people's government of the jurisdiction investigated the population and households involved in land expropriation, employment and social security, compiled a roster of land-expropriated farmers, verified the population and households who met the social security requirements, calculated the social security costs of land-expropriated farmers and the share shared by the government and individuals, formulated an implementation plan (draft for comments) for land-expropriated farmers, and submitted it to the city after publicity according to regulations.
Seven. Review of social security plan. The Municipal Labor and Social Security Bureau shall review the social security implementation plan and related materials submitted by the people's government of the jurisdiction and the municipal land acquisition and demolition office, issue audit opinions on the social security plan of the land acquisition and demolition farmers, and send a copy to the municipal land acquisition and demolition office and the municipal land and resources bureau; Construction projects submitted to the State Council for examination and approval of land requisition shall be submitted to the Review Opinions on Social Security Scheme for Landless Farmers issued by the Labor and Social Security Department of the Autonomous Region, and copied to the Municipal Land Acquisition and Demolition Office and the Municipal Bureau of Land and Resources;
Eight, the organization of land acquisition hearing. City Land Acquisition and Demolition Office shall review the land acquisition materials submitted by the people's government of the jurisdiction and relevant departments, draw up the Notice of Land Acquisition Hearing, and report it to the Municipal Bureau of Land and Resources for approval. The people's government of the jurisdiction shall serve the Notice of Land Acquisition Hearing on rural collective economic organizations, land contractors and relevant rights holders; To apply for a hearing, the Municipal Bureau of Land and Resources shall organize a hearing on land acquisition according to law;
Nine, land acquisition approval. City land acquisition and demolition office according to the land acquisition and approval materials are complete, in accordance with the relevant provisions of the formulation of land acquisition and approval "one book four programs", collect and sort out the relevant information of land acquisition and approval, coordinate the Municipal Finance Bureau or the project owner unit to implement the land acquisition and approval fees, and send the land acquisition and approval materials to the Municipal Bureau of Land and Resources for approval, and then report them to the Municipal People's Government and the People's Government of the autonomous region (or the State Council) for approval;
Ten, pay the examination and approval fee. The Municipal Finance Bureau shall, according to the notice of payment from the Department of Land and Resources of the autonomous region, the letter of payment from the Municipal Bureau of Land and Resources and the examination and approval fee for land acquisition, turn over the financial voucher to the warehouse, and the Municipal Bureau of Land and Resources shall coordinate the Department of Land and Resources of the autonomous region to handle the examination and approval procedures for construction land.
Edit this paragraph approval process
The land acquisition object belongs to basic farmland, and the cultivated land outside the basic farmland exceeds 35 hectares, or other land exceeds 70 hectares, which must be approved by the State Council. Land that does not belong to these three categories shall be approved by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and reported to the State Council for the record.
The land requisition procedure is divided into two parts, namely, the land requisition approval procedure and the land requisition implementation procedure. In the process of land expropriation, the object of land expropriation must conform to the provisions of urban planning. All land must be approved by the relevant departments before expropriation.
(a) land acquisition approval procedures
Examination and approval procedures for land requisition:
1, the construction project is approved by the State Council or the provincial government according to law.
2, the construction unit to the city and county government land departments to apply for construction land.
3, the city and county government departments to review the land acquisition plan.
4, with the consent of the municipal and county governments reported step by step.
5. Land requisition and other schemes shall be approved by the State Council or the provincial government according to law.
(two) the implementation procedures of land expropriation
Implementation procedures of land requisition:
1, land requisition announcement issued.
(1) Issued by: municipal and county governments.
(2) Release scope: the township (town) and village where the expropriated land is located.
(3) Announcement contents: approving the land requisition authority, approval document number, land requisition purpose, scope and area, land requisition compensation standard, agricultural personnel placement method, time limit for handling land requisition compensation, etc.
(4) Consequences of the announcement: Crops planted or buildings built after the announcement are not included in the compensation scope.
2, for land acquisition compensation registration.
(1) Registration authority: the government land department designated in the land requisition announcement.
(2) Registration applicant: the owner and user of the expropriated land.
(3) Registration period: the period specified in the land requisition announcement.
(4) Materials required for registration: land ownership certificate, property right certificate of ground attachments and other documents.
(5) Consequences of non-registration: not included in the scope of compensation.
3. Formulate compensation and resettlement plan for land acquisition.
(1) Drafting organ: land management departments of municipal and county governments in conjunction with relevant units.
(2) Drafting basis: land registration data, field survey results, checked land acquisition compensation registration, and land acquisition compensation standards stipulated by laws and regulations.
(3) Program content: land compensation fee, resettlement fee, young crops compensation fee, ground attachments compensation fee, etc.
(4) Program announcement: The land management departments of the municipal and county governments announce the program in the township (town) and village where the expropriated land is located, and listen to the opinions of rural collective economic organizations and farmers.
(5) Examination and approval: The land administration department of the municipal or county government shall report to the municipal or county government for approval.
4. Determine and approve the land acquisition compensation and resettlement plan: municipal and county governments (and report to the land management department of the provincial government for the record).
5, the implementation of land acquisition compensation and resettlement program.
(1) Organization and implementation organ: land management department of the government at or above the county level.
(2) Payment of fees: chivalrous persons shall pay the land-expropriated units and individuals within 3 months from the date of the scheme. If the fees are not paid as required, the land-expropriated units and individuals have the right to refuse to hand over the land.
6, land delivery land acquisition units and individuals shall deliver the land within the prescribed time limit.
(3) Land acquisition compensation expense items
1. Land compensation fee is the economic compensation paid by the land unit for the economic losses caused by the rural collective economic organizations whose land has been expropriated.
2. Young crops compensation fee The compensation fee paid by the land-using unit to the units and individuals planting young crops for young crops damage caused by land requisition.
3. Compensation fee for attachments. If the attachments such as houses and other facilities on the expropriated land are damaged due to expropriation, the land-using unit shall pay the compensation fee to the expropriated person.
4 resettlement subsidies, as well as compensation fees paid by land units for the resettlement of surplus labor generated by land acquisition.
(four) the standard amount of land acquisition compensation
1. The specific standards and amounts of various land acquisition compensation fees shall be stipulated in the land acquisition compensation and resettlement plan approved by the municipal and county governments according to law. 2. Determination of the average annual output value in the three years before land acquisition (compensation standard of land compensation fee and resettlement subsidy): the annual statistical report of the most basic unit approved by the local statistical department and the unit price approved by the price department shall prevail. 3, according to the provisions of the payment of land compensation fees, resettlement subsidies can not make the farmers who need to be resettled to maintain their original living standards, you can increase the resettlement subsidies. However, the sum of land compensation fees and resettlement subsidies shall not exceed 30 times of the average annual output value in the three years before land acquisition.
(5) Management and attribution of compensation expenses
After the land acquisition unit collects the compensation fee, it shall be handled in the following ways:
1. Land compensation fees owned by collectives, resettlement subsidies payable to collectives according to law, young crops compensation fees and ground attachments compensation fees shall be managed and used by land-expropriated units.
2. Young crops compensation fee and attachments compensation fee belong to the owners of young crops and attachments.
3, the ownership and use of resettlement subsidies:
(1) The resettlement of rural collective economic organizations shall be paid to the rural collective economic organizations for management and use.
(2) if it is placed by other units, it shall be paid to the placement unit. (3) If there is no need for unified resettlement, with the consent of the resettlement personnel, it shall be paid to the individual resettlement personnel or used to pay the insurance premium for the resettlement personnel.
Measures for the distribution of income from the use of collective compensation fees:
1, set up a special account in a local financial institution.
2, the use of public, accept the supervision of the villagers.
3, the distribution method by the villagers' meeting or the villagers' representative meeting by more than half, reported to the township government for the record.
(six) land acquisition compensation disputes and their solutions
The dispute over 1. compensation standard shall first be settled by the government at or above the county level through coordination. If the coordination fails, it shall be decided by the people's government that approved the requisition of land.
2. The dispute over the allocation of compensation expenses is essentially a civil dispute. The parties are village committees or rural collective economies and villagers, and the parties can solve them through civil litigation.
3. The dispute over land acquisition information disclosure belongs to administrative disputes, and the parties can solve it through administrative reconsideration and administrative litigation.
Analyze and edit this section as the main network.
Compensation for land expropriation includes compensation for house demolition, compensation for attachments on the ground and compensation for transitional period of demolition. Among them, the compensation for the transition period of relocation is easy to understand, that is, the housing subsidy and moving expenses given to you from the beginning of relocation to moving into a new house. The calculation methods of housing compensation and accessory compensation are relatively difficult to understand. There are detailed analysis and calculation methods in the expert network, and all three categories are promoted here.
Compensation for house demolition
At present, China's collective land housing demolition compensation methods are divided into three ways: monetary compensation, property rights exchange and farmers' self-construction.
First, monetary compensation is implemented. The amount of monetary compensation includes the compensation price for the demolition of collective land and residential houses and the compensation price for the ownership position of homestead land. The calculation formula is as follows:
(1) Compensation price of demolished collective land residential houses = compensation unit price of demolished collective land residential houses × construction area of demolished residential houses.
If there are multiple collective land residential houses within the same demolition scope, the combined compensation shall be calculated separately according to the structure and grade of the house.
(2) Location compensation price of homestead ownership = comprehensive compensation unit price of homestead × approved compensation area of homestead land.
Attachment: Temporary construction houses that have not exceeded the approved service life shall be compensated according to the replacement price and remaining service life, and the compensation price for the ownership of homestead land shall not be given. The compensation unit price of collective land for residential houses and the location compensation unit price of homestead land ownership shall be appropriately adjusted by the Municipal Bureau of Land and Housing Management according to the national economic development level of Conghua City, the benchmark land price of state-owned land ownership in Conghua City and the changes in the real estate market, and shall be published regularly after approval by the Municipal People's Government.
2. If the property right is exchanged, the resettlement area of the demolished person shall be verified according to the following standards: if the approved construction area of the demolished house is less than (25-30) square meters per person, it shall be verified according to (25-30) square meters per 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.
Attachment: Under the following circumstances, the demolished collective land residential houses will be compensated according to the housing compensation price, and no resettlement houses or other homesteads will be provided:
(a) in addition to the demolished collective land residential houses, there are other collective land residential houses, and the per capita construction area of other collective land residential houses has reached 40 square meters.
(two) the demolition of non village residents living in houses.
Three, the implementation of farmers' self-construction, should comply with the overall land use planning, urban planning and town planning, and in accordance with the relevant provisions of the construction.
(a) the village collective economic organizations still have homestead, can arrange residents to build their own houses or village collective economic organizations unified housing.
1. If the building is built by the demolished, the demolished shall compensate the demolished according to the compensation price of the demolished collective land, and the collective economic organization shall compensate according to the compensation price of the land ownership of the homestead.
2. Where houses are built by the village collective economic organizations in a unified way, the village collective economic organizations shall compensate the residents in accordance with the relevant provisions of Article 9 of these Provisions, and the resettlement houses built by the village collective economic organizations shall be distributed to the residents.
(II) If the village collective economic organizations still have agricultural land, they can be converted into non-agricultural construction land for the village collective economic organizations to build resettlement houses in a unified way. Residents shall go through the procedures of collective land expropriation and conversion of agricultural land into construction land according to law and pay relevant fees, and the village collective economic organizations shall make compensation according to the compensation price of the demolished collective land residential houses.
Temporary resettlement subsidy in transition period
1. Relocation subsidy (including all relocation expenses involved in the relocation of telephone, cable TV, air conditioner, water meter, electricity meter, household appliances and furniture).
Demolition within the specified time to sign the demolition compensation and resettlement agreement and complete the relocation, the village registered population can enjoy relocation subsidies;
Non-village registered population, but there are ancestral houses in the demolition area, each household can enjoy the demolition subsidy; Refuse to move beyond the prescribed time limit, demolition
The demolished person will apply for compulsory relocation according to law, and will not be given relocation subsidies and rewards.
Second, the temporary resettlement subsidies
(1) (number of people to be resettled for the expropriated land × compensation multiple) > 15 hours.
Total resettlement fee = average annual output value of the land expropriated for the first three years × 15.
(2) (Number of people to be resettled for land acquisition × compensation multiple)
Total resettlement fee = average annual output value of the land-expropriated block in the first three years × compensation multiple × number of people to be resettled in the land-expropriated block.
Removal of ground attachments and young crops compensation subsidies
Compensation fee for land removal = land type × yield per mu × compensation standard of the land.
Land type: land type, paddy field, professional vegetable field, fish pond, dry land, orchard, tea garden, pond, canal, dam, etc.
Young crop subsidy = fruit tree species compensation × young crop production life standard × orchard area
Fruit tree types: Camellia oleifera, Tung oil tree, seedlings, flowers, medicinal materials, peaches, plums, plums, oranges, chestnuts, plums, grapefruit, grapes, walnuts and other fruit trees.
Tree species: fir, pine, camphor tree, catalpa bungeana, Phoebe bournei, Pinus massoniana, Paulownia, other trees, other trees and bamboo.
Standard of young crop production period: fruit trees are divided according to planting years; Trees are classified according to seedling height and DBH.
Attachments: pools, cesspools, wells, drainage ditches, threshing ground, slope protection and retaining walls, fences, canals, cemeteries, etc. They are all compensated according to the regulations of provinces, autonomous regions and municipalities directly under the Central Government, and generally compensated according to the market price. Classification and compensation standards shall be formulated by the price bureaus of provinces, autonomous regions and municipalities directly under the Central Government.
Edit relevant laws and regulations in this paragraph.
Provisions of Land Management Law on Requisition of Cultivated Land
Article 45 of the Land Management Law of the People's Republic of China, the requisition of the following land shall be approved by the State Council: (1) basic farmland; (2) More than 35 hectares of cultivated land other than basic farmland; (3) More than 70 hectares of other land. Expropriation of land beyond the provisions of the preceding paragraph shall be approved by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and reported to the State Council for the record. Article 46 If the land is expropriated by the state, it shall be announced and implemented by the local people's government at or above the county level after being approved in accordance with legal procedures. The owner and user of the expropriated land shall, within the time limit stipulated in the announcement, go through the registration of land requisition compensation with the land ownership certificate to the land administrative department of the local people's government. Article 47 Where 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. Forty-eighth 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. Forty-ninth rural collective economic organizations whose land has been expropriated shall announce the revenue and expenditure of land acquisition compensation to the members of the collective economic organizations and accept supervision. It is forbidden to occupy or misappropriate the land acquisition compensation and other related expenses of the requisitioned land units.
Shaanxi related policies and regulations
1, cultivated land reclamation fee Shaanxi [2000] No.44 construction project type paddy field, irrigated land, vegetable field, public facilities and industrial land 53,333 yuan/mu of infrastructure, national defense, army, party and government organs, science, education, culture and health and affordable housing 7-7- 10 4666 yuan/mu of electricity, posts and telecommunications. Land for industrial and mining enterprises14-189,300 yuan/mu for financial and commercial purposes16-2010,666 yuan/mu for tourism, catering, real estate development, leisure and entertainment, 22-2514,666 yuan/mu 2. New construction land. 23rd Xianyang Municipal Government 10 and other places 28 yuan/m2 18600 yuan/mu 3, Shaanxi Fazheng [1998] No.68 vegetable field of water conservancy development fund 165438 yuan/mu irrigated land 900 yuan/mu dry land 400 yuan/mu 4, cultivated land occupation tax 388. No.307, 06,65438+February 23, 2007, 07,65438+1October 0, the national minimum standard for industrial land transfer was implemented, and Xianyang City was 168 yuan/square meter, 165438 yuan/mu, and the estimated urban supporting fee was 35,000 yuan. The land management fee is charged at 2.8% of the total land acquisition amount of No.585 [2001]13. 9. The land survey fee is charged by points for small plots of land, by kilometers for 640 yuan/point, national key construction projects or linear projects, and per kilometer 1.