Basis " land of < People's Republic of China administers a law > method " land of commandeer of construction of the 22nd country, construction unit should pay land compensation cost, young crops and attachment compensation expenses, find a place for allowance is expended, the standard is as follows:
One land compensates cost
1, commandeer farmland, vegetable, according to the value policy that the country sets, before pressing this land commandeer 3 years of average annual produce (similarly hereinafter) sixfold computation;
2, the land such as pond of commandeer pound, lotus root, farm, orchard, Zhu Yuan, forest land, press the fivefold computation of this land annual produce;
3, ground of commandeer bavin hill, beach, pond, reed pond and other the blame farmland that has profit, press the 3 times computation of this land annual produce;
4, commandeer curtilage the building of; of compensation standard computation that base presses adjacent farmland asks for the ground to move separately by construction unit change rebuilds, former curtilage base offers compensation no longer;
2 young crops and attachment compensate cost
1, young crops compensates cost, the production value that presses one season crop commonly calculates what; can harvest not to grant to compensate. Vivacious economy forest, can transplant, by construction the unit pays transplanting to expend; to cannot transplant, give reasonable compensation or evaluate to buy by the unit that use the land;
2, the building tears open change, press building construction, area, new old rate, give reasonable compensation; violate the rules and regulations building and begin to negotiate the assault after asking for the ground to grab the tree that plant, assault to grab the structure that build, do not grant to compensate;
3, the attachment such as establishment of project of irrigation and water conservancy and establishment of Electromechanical irrigation and drainage, well, artificial pound, farm and electric power, broadcast, communication, pay migratory fee according to actual condition or compensate cost.
3 find a place for allowance is expended
1, farmland of average per capita of population of the agriculture before asking for the ground is in the ground be askinged for of a mu of above unit, of commandeer farmland find a place for accessorial cost is this farmland by before commandeer 3 years 3 times of every mus of annual produce more average; Farmland of average per capita of population of the agriculture before asking for the ground is malcontent a mu be asked for land unit, commandeer every mus of farmland finds a place for allowance is expended with annual produce rise quadruply calculate, every reduce farmland of average per capita 0.1 mus, find a place for accessorial cost raises one times of annual produce accordingly, but highest what must not exceed annual produce is decuple;
2, commandeer blame farmland finds a place for allowance is expended, mix by this land annual produce slightly under adjacent farmland find a place for accessorial multiple is calculated;
3, the foundation of commandeer building and other building and the blame farmland that do not have accrual, do not pay find a place for allowance is expended.
4 other
4, according to compensation expends a land that the regulation pays and find a place for allowance is expended, the farmer that still cannot make need to find a place for maintains original living standard, approve via province people government, can increase find a place for allowance is expended, but land compensation expenses and the summation that find a place for allowance is expended are highest must not exceed land by 20 times of before commandeer 3 years of average annual produce.
5, buy allowance expends the each compensation Fei Hean that land of national construction commandeer pays, outside compensating cost to pay his except the adjunct that ought to belong to an individual and young crops, other charge by government of people of prefectural class above with concerned countryside (town) the village decides processing, use at the organization to be asked for production of land unit development, arrangement is redundant labour force obtain employment and cannot the extra allowance for living expanses of obtain employment personnel, any units and individual do not get divert or take up.
What why ask for ground compensation is inequitable?
This is our country land law collect compensatory about house of collective land main rooms relevant provision, see this way not hard of the regulation very thick mad, hand in the power to make decisions that specific compensation brings buy law and level by the ground is provincial people government, so undoubted and OK each district is made according to the actual condition of each district follow to find a place for for appropriate compensation plan, but this also caused another kind inequity.
It is the price that imposes land firstly unjust, administer the regulation of the law according to land, the main land compensation in expenses of the compensation that ask for the ground is expended and find a place for compensation is expended, the standard that is the annual produce before asking for the ground with this piece ground undertakes calculative. Land compensation is expended and find a place for compensation expends two the sum, 30 times what won't exceed annual produce of this piece ground more highest. The multiple that because the country imposes the land price when land to farmer collective,is the annual produce before asking for the ground by this piece land is calculated and decide, and the land price when development business buys land access to the country, it is to be on the foundation that the government fixes base price, decide through pattern of market exchange value. Because the country is paid to what farmer collective collects land,this is planted, pay with what develop business to buy land access to the country, uses level and computational means are differ, brought about a country to impose the price of land to farmer collective, the difference between the value that transfers land development business with the country is great, this is extremely inequitable. What this also brings about know clearly to be collected is lopsided.
Secondly Yingedegen collects compensation program to differ according to what each district makes, certainly will causes coessential and commensurate land to get different compensation result, this is to cause a unjust kind, go down for a long time to be able to affect social harmony necessarily.