1. Does Article 47 of the Land Law apply to state-owned farms? The cultivated land here is state-owned, but farmers have always lived on the land. Now the company wants to sell this land to developers for construction. Can farmers like us enjoy the same compensation? The house we live in was not built by ourselves. The company sold it to us a few years ago, only with a receipt and no real estate license. Now it is going to be demolished. How can I make up for it? Can I get it back for free?
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.
Notice of the General Office of the State Council on Forwarding the Opinions of the Ministry of Land and Resources and the Ministry of Agriculture on Protecting the Legal Rights and Interests of State-owned Farm Land according to Law
(a) to stop the illegal occupation of state-owned farm land, strengthen the supervision and inspection of land violations. It is necessary to strictly control the occupation of state-owned farm land by construction in accordance with relevant state laws and regulations. If it is really necessary to occupy farm land for construction, it is necessary to go through the examination and approval procedures according to law and give compensation and resettlement according to law. It is not allowed to transfer state-owned farm land at will.
Judging from the above documents, there should be resettlement compensation, right? Who can tell me if there is, from which law and which clause to judge? I can't be convinced without a certificate!