According to Article 83 of the Civil Law: "The neighboring parties of real estate should correctly handle the neighboring relations in terms of water interception, drainage, transportation, ventilation and lighting in the spirit of facilitating production, life, solidarity and mutual assistance, and fairness and reasonableness. If it causes obstacles or losses to the neighboring parties, it shall stop the infringement, remove the obstacles and compensate for the losses. " Article 92 of the General Principles of the Civil Law of People's Republic of China (PRC) stipulates: "If a real estate right holder uses an adjacent real estate for water use, drainage, passage, laying pipelines, etc., he should try his best to avoid causing damage to the adjacent real estate right holder; If damage is caused, compensation shall be made. " There is no specific compensation standard, which needs to be calculated through judicial expertise.
II. Subsidies for land acquisition and resettlement
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.
What is the compensation standard for rural fields?
(A) compensation standards for expropriation of cultivated land
The average compensation for dry land is 53,000 yuan per mu. The average compensation for paddy fields is 90,000 yuan per mu. The average compensation per mu for vegetable fields is 6.5438+0.5 million yuan.
(1) Collection of basic farmland compensation standard
The average compensation for dry land is 58,000 yuan per mu. The average compensation for paddy fields is 99,000 yuan per mu. The average compensation per mu for vegetable fields is 6.5438+0.56 million yuan.
(2) The average compensation per mu for requisition of forest land and other agricultural land is 6,543,800 yuan+0,380 yuan.
(3) The average compensation per mu for requisitioning industrial and mining construction land, villagers' houses, roads and other collective construction land is 6.5438+0.36 million yuan.
(4) Requisition of Kugaji, barren hills, wasteland, wasteland, waste ditch and unused land, with an average compensation of 2 1 10,000 yuan per mu.
(2) Other taxes and fees
(1) Farmland occupation tax is calculated at 2 yuan per square meter.
(2) The fund for the development and construction of commercial vegetable fields is calculated at per mu 1 10,000 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) The cultivated land occupation and compensation balance land reclamation fee is 4,000 yuan per mu, which is used as a whole, and the Provincial Department of Land and Resources is responsible for supervision and acceptance.
Third, the compensation calculation formula
Calculation formula of land compensation fee: mu of expropriated land * annual output value * compensation multiple.
Calculation formula of resettlement subsidy: number of people to be resettled * annual output value * compensation multiple, number of people to be resettled = number of land requisitioners+per capita distribution and cultivated land before land requisition.
Calculation formula of young crops compensation fee: young crops compensation fee = annual output value+planting season.
The above is a detailed introduction to the compensation standard for buildings blocking farmland. To sum up, I remind you that in fact, rural land demolition funds include: land compensation fee, young crops compensation fee, attachment compensation fee and resettlement subsidy, all of which cannot be less, and local policies are different, so even if there is compensation fee, the amount will be different.