What compensation farmers can receive for land expropriation

Mondo Social Updated on 2024-01-30

1. Land compensation fee is a kind of economic compensation paid by the land-using unit to the land-expropriated rural collective economic organization for the economic losses caused by the expropriation of its land

2. Compensation for green seedlings, the land user has damaged the green seedlings on the expropriated land due to land acquisition (article**: a compensation fee paid to the units and individuals who planted the green seedlings;

3. Attachment compensation fee, a compensation fee paid by the land-using unit to the person where the attachment on the expropriated land, such as houses and other facilities, is damaged due to land acquisition.

Article 47 of the Land Management Law of the People's Republic of China.

If the state expropriates land, after approval in accordance with legal procedures, the local people at or above the county level shall make a public announcement and organize the implementation.

If the local people at or above the county level intend to apply for land expropriation, they shall carry out a survey of the current situation of the land to be expropriated and a social stability risk assessment, and announce the scope of expropriation, the current status of the land, the purpose of expropriation, the compensation standard, the resettlement method and social security within the scope of the township (town) and village and villager group where the land is to be expropriated for at least 30 days, and listen to the opinions of the land-expropriated rural collective economic organizations and their members, villagers' committees and other stakeholders.

Most of the members of the land-expropriated rural collective economic organizations believe that the compensation and resettlement plan for land acquisition does not comply with the provisions of laws and regulations, and the local people at or above the county level shall organize a hearing, and modify the plan in accordance with the provisions of laws and regulations and the hearing.

The owner or user of the land to be expropriated shall, within the time limit specified in the announcement, go through the compensation registration with the proof of immovable property ownership. Local people at or above the county level shall organize relevant departments to calculate and implement the relevant expenses, ensure that the full amount is in place, and sign an agreement with the owner and user of the land to be expropriated on compensation and resettlementIf it is indeed difficult to reach an agreement on an individual case, it shall be truthfully explained when applying for land expropriation.

After the completion of the relevant preliminary work, the local people at or above the county level can apply for land expropriation.

How to deal with forced land acquisition

*Forced land acquisition can be remediated by taking the following remedial measures:

1. If farmers have objections to land acquisition, they can apply to the relevant departments for a hearing.

2. If farmers believe that the compensation and resettlement for land acquisition is unreasonable and the land acquisition procedure is illegal, they can find a lawyer from Beijing Zaiming Law Firm to file a lawsuit with the court.

3. Farmers can report to the higher authorities for the forced land acquisition and infringement of the legitimate rights and interests of farmers.

4. Farmers can seek help from the news, or the network of illegal acts of forced land acquisition.

Article 14 of the Land Administration Law.

Disputes over land ownership and use rights shall be settled through negotiation between the parties;If the negotiation fails, it will be handled by the people.

Disputes between units shall be handled by the people at or above the county level;Disputes between individuals and between individuals and units shall be handled by the people at the township level or at or above the county level.

Where the parties are dissatisfied with the disposition decision of the relevant people, they may file a lawsuit with the people's court within 30 days of receiving the notice of the disposition decision. Before the dispute over land ownership and use rights is resolved, neither party shall change the status quo of land use.

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