Article 47 of the Land Administration Law of the People's Republic of China? Where land is requisitioned, compensation shall be given according to the original purpose of the requisitioned land:
1. Compensation for requisition of cultivated land includes land compensation, resettlement compensation and compensation for ground attachments and young crops. 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, according to? The amount of cultivated land expropriated is divided by the average amount of cultivated land occupied by each expropriated unit before land expropriation. Every farmer who needs resettlement? The resettlement subsidy standard for the working population is four to six times the average annual output value of the cultivated land in the three years before expropriation. But what about per hectare? The resettlement subsidy for requisitioned cultivated land shall not exceed fifteen times the average annual output value of the three years before expropriation.
2. The land compensation fee and resettlement subsidy standards for the expropriation of other land shall be determined by the provinces, autonomous regions and municipalities directly under the Central Government with reference to the land requisitioned for cultivated land. Standard provisions on land compensation fees and resettlement subsidies. 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.
3, in accordance with the provisions of the second paragraph of this article to pay land compensation fees and resettlement subsidies, but still can not make the farmers who need to be resettled maintain their original living standards, with the approval of the people's governments of provinces, autonomous regions and municipalities directly under the central government, the resettlement subsidies can be increased. 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.
There are generally two reasons for the relocation of farms: first, environmental improvement, because of the planning of breeding areas, farms in prohibited breeding areas need to be shut down or relocated. Second, the construction land of large-scale engineering projects needs to remove farms within the red line of land acquisition. However, whether it is environmental protection relocation or project land demolition, farm demolition generally has the following compensation:
1. Compensation for the buildings and ancillary facilities of the farm: The buildings we are talking about generally refer to the barns of the farm, the dormitory of the breeder, the office building of the farm and so on. Ancillary facilities refer to septic tanks, awnings, wells, etc.
According to the evaluation, the building compensation standard is determined, and the general livestock pens and ancillary facilities are evaluated according to the construction cost and combined into new ones. Houses where people live, such as staff quarters and office buildings, should be evaluated in combination with the surrounding housing prices because of their housing properties.
Many places have also formulated compensation standards for the demolition of livestock pens. For example, the compensation standard for livestock pens published in Weifang City, Shandong Province on 20 17, the brick-concrete or brick-wood structure is leveled at 250-350, and the simple structure is leveled at 70-200. Of course, some larger farms have better livestock pens, and even have facilities such as ventilation and warmth. This should be evaluated, not across the board.
If the house and ancillary facilities are not demolished just because of environmental protection, the compensation for the house and ancillary facilities will not be involved. However, we should also be wary of some places shutting down farms in the name of environmental protection, and then demolishing them on the grounds that the buildings of farms are suspected of illegal construction, thus avoiding the compensation for demolition.
2. Losses caused by the suspension of production and business of farms: Generally speaking, large-scale farms are specialized and have obtained breeding licenses. Some even set up enterprises and obtained business licenses, but the demolition brought about the interruption or even termination of production and operation. In this case, the demolition party should compensate the farmers for the losses they suffered due to the suspension of production and business.
The compensation for loss of production stoppage shall be evaluated according to the operating income, profit and the length of production stoppage. For example, if a farm is to be demolished, the farm will generate a profit of 654.38+10,000 yuan per month, and it is estimated that it will take half a year to resume production, so the loss of production will be compensated for 600,000 yuan. Permanent production, production loss compensation should be considered during the period of farm transformation and re employment of employees.
For enterprises, especially those with good business conditions, the loss of production and business suspension is a very important compensation point. However, many business owners tend to pay more attention to "hardware compensation" such as houses, equipment and facilities, but not enough attention to "soft compensation" such as the loss of production and business suspension, which often leads to greater losses.
3. Compensation for clearing livestock on hand: In case of demolition, but the pigs and chickens in the pen have not grown up and cannot be sold, if the demolition needs to deal with losses, the demolition party will compensate the farmers, which is the compensation for clearing livestock on hand.
Generally, the compensation for clearing livestock is determined by combining the type, size and market price of livestock, such as how much a pig, a sow and a breeding pig, one is the head and the other is the head. Count the trees, determine the price, and calculate the compensation amount.
4. Compensation for farm relocation: For specialized farms, relocation often does not mean stopping farming, but needs to find a new location, rebuild the farm and continue farming. At this time, it will involve the social security of the farm and the relocation of the goods to a new place. There is a problem of loss in the process of relocation, and it is necessary to evaluate and compensate for the loss of equipment relocation and relocation.
5. Rewards: Now many places like to set up various demolition rewards, and let the rewards be higher than the compensation itself. Its purpose is to stimulate the demolished people to actively sign contracts and move as soon as possible. However, in the process of demolition, the demolished should not only see the incentive of the reward, but also see the rationality of the compensation itself.
The compensation scheme varies from place to place, and the factors affecting the compensation amount include four aspects:
1, financial status of local government; More enlightened local leaders will get more compensation.
2. Whether the farm procedures are complete and qualified; If the actual aquaculture operators with complete business licenses encounter demolition during the operation period, the specific amount shall be negotiated first. If negotiation fails, an evaluation institution shall be entrusted to make an evaluation.
3. Whether it is within the demolition period stipulated by the local government; All forms of demolition will be mentioned as "within the time limit", and those that exceed the prescribed time limit will not be compensated, and the local government will also organize forces to carry out forced demolition.
4. Whether the farm environmental assessment has passed the test; If the procedures such as farm environmental impact assessment are passed, higher compensation will be obtained; If you can't pass the customs, you may have no money.
References:
Baidu Encyclopedia-People's Republic of China (PRC) * * * and Land Management Law, Baidu Encyclopedia-Regulations on Pollution Prevention and Control of Livestock and Poultry Breeding? Baidu encyclopedia-demolition