Compensation for land expropriation that farmers cannot enjoy; Part of the contractor's family accounts move out of the village (even if one person's account is still in the village), the contract is still valid, and the household has the right to continue to contract land. After the land is expropriated, the household shall enjoy corresponding compensation (including those whose registered residence has moved out of the village).
Article 20 of the Land Contract Law stipulates that the contracted period of cultivated land is thirty years. Grassland contract period is 30 to 50 years. The contract period of forest land is thirty to seventy years; The forest land contract period of special trees may be extended with the approval of the administrative department of forestry of the State Council.
Twenty-sixth contract period, the employer shall not recover the contracted land.
During the contract period, if the whole family of the contractor moves into a small town to settle down, it shall, according to the wishes of the contractor, retain its land contractual management right or allow it to transfer the land contractual management right according to law.
During the contract period, the contractor's family moved to the city with districts and became non-agricultural registered permanent residence, and the contracted cultivated land and grassland were returned to the employer. If the contractor fails to repay it within the time limit, the employer may recover the contracted cultivated land and grassland.
During the contract period, when the contractor returns the contracted land or the employer takes back the contracted land according to law, the contractor has the right to obtain corresponding compensation for its investment in the contracted land to improve the land production capacity.
Twenty-seventh contract period, the employer shall not adjust the contracted land.
During the contract period, if the cultivated land and grassland contracted between individual farmers need to be properly adjusted due to natural disasters and other special circumstances, it must be approved by more than two-thirds of the members of the villagers' meeting of the members of the collective economic organization or more than two-thirds of the villagers' representatives, and reported to the township (town) people's government and the agricultural administrative department of the county-level people's government for approval.
If there is no adjustment as agreed in the contract, such agreement shall prevail.
Extended data:
land expropriation compensation
"Land expropriation compensation refers to the fair compensation given to the owner of the expropriated house (hereinafter referred to as the expropriated person) by the house expropriation department itself or by entrusting the house expropriation implementation unit in accordance with the provisions of the compensation standard for house demolition of collective land and state-owned land in China."
Compensation expense item
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.
Compensation standard
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. The original land compensation fee and resettlement subsidy shall not exceed 30 times of the average annual output value in the three years before land acquisition, and have been deleted in the Land Management Law on March 26th, 20 13? [2]。
Salary Administration
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.
land management law
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.
Baidu Encyclopedia-Land expropriation compensation standard