Land requisition of Jicha Expressway in Xiangxi
(State-owned Assets LawNo. [2007] 1)
People's Governments of Jishou City and Huayuan County:
The "Ji-Cha Expressway Construction Land Acquisition and Demolition Compensation Standards and Measures" are hereby printed and distributed to you, please follow them. Please organize the land requisition and demolition work quickly, ensure that the land requisition and demolition task is completed on time, and ensure that the owner's construction team will enter the site in early March this year. On October 5th, 2007/KLOC-0, compensation standards and methods for land acquisition and demolition of Ji-Cha Expressway construction.
In order to implement the compensation for land acquisition for the construction of Jicha Expressway as soon as possible, earnestly safeguard the legitimate rights and interests of the rural collective economic organizations and individual farmers who have been expropriated, and ensure the smooth progress of land acquisition and demolition, according to the Land Administration Law of the People's Republic of China and the Measures for the Implementation of the Land Administration Law of the People's Republic of China in Hunan Province, Notice of the General Office of Hunan Provincial People's Government on Printing and Distributing the Annual Output Value Standard of Land Expropriation in Hunan Province (Xiangfu [2005] No.47), Minutes of the Meeting of the Provincial Government on Issues Related to the Proposed Expressway Project in 2006 (read by the provincial government) and Notice of the People's Government of Xiangxi Autonomous Prefecture on Printing and Distributing the Measures for Compensation and Resettlement for Land Expropriation and Demolition in Xiangxi Autonomous Prefecture (No.05 [2003] of the State Government) And the Notice of Xiangxi Autonomous Prefecture People's Government on Printing and Distributing the Measures for Compensation and Resettlement for Land Acquisition and Demolition in Jifeng Industrial Park (No.22 [2005] of the State Administration), combined with the actual situation of our state, and consulted with the Provincial Department of Land and Resources and the provincial Jicha Company (the owner) for many times, the principle of compensation measures for land acquisition in the construction of Jicha Expressway was formulated.
(1) The principle of earnestly safeguarding the legitimate rights and interests of rural collective economic organizations and individual farmers whose land has been expropriated;
(two) the principle that the living standards of landless farmers will not decline and their long-term livelihood will be guaranteed;
(three) the principle of balance with the current local land acquisition compensation standards;
(four) the same price in the same place, from the principle of high and moderate;
(five) the principle of compensation according to law and regulations. Second, formulate policies related to land acquisition compensation measures for Ji-Cha Expressway construction.
(1) Determination of the average annual output value of the expropriated cultivated land in the first three years. The Notice of the General Office of Hunan Provincial People's Government on Printing and Distributing the Annual Output Value Standard of Land Expropriation in Hunan Province (Xiang Ban Fa [2005] No.47) divides cultivated land into four categories: paddy field, dry land, professional vegetable field and professional fish pond, and divides paddy field into two categories (the average annual output value of paddy field 1.650 yuan/mu, The average annual output value of paddy field of Class II 1.400 is Class I (average annual output value 1.050 yuan/mu), professional vegetable field is Class II (average annual output value of 2600 yuan/mu and 2300 yuan/mu), and professional fish pond is Class II (average annual output value of 2200 yuan/mu and 65438 yuan +0.900 yuan) According to the provisions ofNo. [2005]47 andNo. [2006]69 of Xiangfuyue, we determined that the annual output value of cultivated land expropriated should be calculated according to the compensation standards of paddy field 1525 yuan/mu, dry land 1050 yuan/mu, professional vegetable field 2450 yuan/mu and professional fish pond 2050 yuan/mu respectively. In order to avoid the contradiction between Jishou City and Huayuan County due to the different annual output value standards of cultivated land, the two counties and cities compensated according to the above annual output value standards in accordance with the principle of the same place and the same price.
(2) Determination of compensation multiple for land requisition. According to the provincial government's Regulations on Compensation for Land Requisition for Expressway Construction, the sum of land compensation fee and resettlement subsidy for expropriated cultivated land is 16 times of the average annual output value of expropriated cultivated land in the first three years, that is, the land compensation fee for expropriated cultivated land is 6 times of the average annual output value, and the resettlement subsidy is 10 times of the average annual output value. Compensation for land types other than cultivated land requisitioned for expressway construction shall be implemented in accordance with the provisions of National Law No.5 [2003].
(III) The compensation standard for young crops compensation (including young crops compensation for temporary land use) shall be determined in accordance with the relevant policies and regulations of the provincial government and the document standard issued by the State Council [2003] No.5..
(four) the paid use of state-owned construction land shall be determined according to its purpose, the nature of the right to use (transfer or allocation) and location. , according to the assessment results of intermediary agencies with land price assessment qualifications; Compensation for the use of state-owned agricultural land shall be implemented with reference to the corresponding compensation standards for collective land expropriation.
(5) The demolition of the "three-pole line" shall be verified by the county and city headquarters in conjunction with the units to be demolished, and the demolition budget shall be prepared. Led by the state headquarters, the county and city headquarters and the owner negotiate with the relevant departments of provinces and States to compensate for the cost of raw materials. The county and city headquarters is specifically responsible for organizing the relocation of the "three poles".
(6) If temporary land is needed for construction, the construction unit shall sign a compensation contract for temporary land use according to the provisions of the Measures for the Implementation of the Land Management Law in Hunan Province and the Measures for the Administration of Temporary Land Use in Hunan Province, and agree to pay the compensation standard for temporary land use. The land compensation fee for temporary land use shall be compensated according to the term of temporary land use and the annual output value of land. Compensation for young crops and attachments on temporary land shall be implemented in accordance with the relevant provisions of Hunan Province. Temporary use of cultivated land, it should sign a land reclamation contract, and clearly define the relevant farmland reclamation responsibilities in the contract, to ensure that the temporary use of land must be approved according to law and carried out according to procedures.
(seven) the land for the resettlement of landless farmers shall be implemented according to the land acquisition standards of expressways.
(eight) to determine the compensation standard for the demolition of houses and their ancillary facilities. The compensation standard for the demolition of houses and ancillary facilities on collective land shall be determined in accordance with the State Council Guofa [2005] No.22 document; For the house demolition on the state-owned land in the urban planning area, according to the location, use, architectural style and construction area of the house to be demolished, and according to the Decree No.305 of the State Council and the Decree No.0/57 of the provincial people's government, the compensation amount for house demolition shall be determined through consultation with the real estate market evaluation price. Considering the principle of the same place, the same price and the same compensation, do a good job in land acquisition and demolition, and maintain the overall situation of social stability, the county and city governments should adopt the method of combining standards and evaluation for reference.
(9) The widened section of Tongcun Road has been built in Aizhai Service Road, which can only be treated as temporary land, and the original road will not be compensated (considering the actual situation, the state headquarters will negotiate with the owner to make appropriate compensation for each case as far as possible). The reconstructed service road shall be treated according to the policy of permanent land use. Release Department: Xiangxi Tujia Autonomous Prefecture Government issued date: 0 1.05, 2007 implementation date: 0 1.05, 2007 (local regulations) Xiangxi Tujia and Miao Autonomous Prefecture People's Government document.
State-owned Assets LawNo. [2005]22
Notice on printing and distributing the Measures for Compensation and Resettlement for Land Acquisition and Demolition in Jifeng Industrial Park in Xiangxi, the Administrative Committee of Jifeng Industrial Park in Xiangxi, the people's governments of Jishou City and Fenghuang County, and the relevant units directly under the state: The Measures for Compensation and Resettlement for Land Acquisition and Demolition in Jifeng Industrial Park in Xiangxi have been agreed by the state people's government and are hereby printed and distributed to you. Please implement it carefully. Interim Measures for Compensation and Resettlement for Land Requisition and Demolition in Jifeng Industrial Park, Xiangxi July 5, 2005 Chapter I General Provisions
Article 1 In order to protect the legitimate interests of land-expropriated households and relocated households, and maintain the normal order of land expropriation and relocation, these Measures are formulated in accordance with relevant laws, regulations and policies, combined with the reality of Jifeng Industrial Park in western Hunan.
Article 2 Notice of the People's Government of Xiangxi Autonomous Prefecture on Printing and Distributing the Measures for Compensation and Resettlement for Land Requisition and Demolition within the Overall Planning of Jifeng Industrial Park in Xiangxi (State Law No.5 [2003]) and these Measures.
Article 3 The land management department of Jifeng Industrial Park in Xiangxi shall be responsible for the management of compensation and resettlement for land acquisition and demolition, and set up an office for land acquisition, demolition and resettlement in the park. Jifeng Investment & Development Co., Ltd. of Xiangxi Autonomous Prefecture specifically organizes the implementation of land acquisition, demolition and resettlement.
Chapter II Compensation and Resettlement for Land Requisition
Article 4 Measures for compensation of trees
(1) If the height of osmanthus fragrans, redwood, Wei Zi and other seedlings is less than 3m, and the DBH is less than 12cm, compensation shall be made according to the nanmu standard specified in document No.5 [2003] of the State-owned Assets Development Bureau. Trees listed as protected by the government are mainly protected in principle. If they need to be cut down due to land use, they shall be calculated at 3 to 5 times the standard of this paragraph.
(two) if the trees exceed the DBH and seedling height specified in the preceding paragraph, no compensation will be given, only compensation will be paid for felling wages. The standard is: for trees with DBH between12cm and tree height between 3m and 5m, the compensation for cutting wages per tree is 60 yuan; for trees with DBH above 20cm and tree height above 6m, the compensation for cutting wages per tree is 120 yuan.
(three) after the compensation of trees, the demolition should transplant the trees to other places or cut them down within the time limit, and if they are not transplanted or cut down within the time limit, they shall be dealt with by the demolition.
Article 5 If the villagers' drinking wells in natural villages belong to structures, the structures shall be divided into three categories for compensation.
Sixth kinds of illegal buildings and structures will not be compensated.
Seventh from the date of the announcement of land acquisition, it is forbidden to rush to plant crops, fruits, seedlings, flowers and build structures (such as greenhouses, irrigation canals, fences, etc.). ) within the scope of land acquisition, offenders will not be compensated; For changing land use (such as building fish ponds, reservoirs, septic tanks, brick kilns, etc.). ), according to the land use before the change of compensation.
Eighth land has been requisitioned, the landless households do not make room for planting, or have made room for planting, no compensation.
Ninth enterprises below the scale of demolition caused by the suspension of production and business, according to the liquidation period of 2 to 3 times the salary of left-behind personnel compensation; If the demolition of enterprises above designated size causes the suspension of production and business, appropriate compensation shall be given.
Tenth production and resettlement land reserve index in the village as a unit according to the total cultivated land area of 8‰ reserved. The street length shall not exceed 50m, and the total reserved area shall not exceed 10 mu at most. If more than 10 mu is reserved according to the ratio of 8‰, the excess part will not be compensated; If the village is less than 1 mu, a one-time monetary compensation will be made according to the benchmark price of public welfare land uniformly determined by the government. The location of reserved land shall conform to the overall planning of the park and be arranged by the park in a unified way. Land requisition formalities shall be handled by the management committee of Jifeng Industrial Park, and the expenses shall be borne by the village. The land for production and resettlement is the land for village collective enterprises, and the nature and function of land use shall not be changed without authorization.
Article 11 After all or most of the cultivated land of the land-expropriated households is expropriated, the land-expropriated population will be gradually registered as urban residents from rural residents in accordance with the relevant provisions on household registration management.
Twelfth villagers planted (planted) more than two kinds of seedlings in the field to form mixed seedlings. When the area ratio of mixed seedlings is controversial and the area cannot be determined, the area shall be shared according to the average value of seedling species and the compensation amount shall be calculated.
Chapter III Compensation and Resettlement for House Demolition
Article 13 The demolisher entrusts an institution with real estate appraisal qualification to assess and determine the compensation amount for house demolition according to the relevant national laws, regulations and policies and the benchmark guidance price issued or implemented by the local government where the management committee of Jifeng Industrial Park in Xiangxi is registered, and the assessment fee shall be borne by the entrusting party.
Fourteenth demolition compensation should be based on the "house ownership certificate" and "land use certificate". If it was built before the introduction of the master plan of Jifeng Industrial Park in western Hunan, but the Property Ownership Certificate and Land Use Certificate have not been handled, it should be handled and reissued by the relevant departments, or the relevant departments should issue corresponding certificates. After the promulgation of the master plan of Jifeng Industrial Park in western Hunan, buildings and structures newly built, rebuilt and expanded without the approval of relevant departments are regarded as illegal buildings. Demolition of illegal buildings and temporary buildings exceeding the approved period shall not be compensated; The demolition of temporary buildings that have not exceeded the approved period shall be given appropriate compensation.
Fifteenth housing construction area calculation method
(1) For reinforced concrete and brick-concrete structures, the construction area shall be calculated according to the sum of the construction areas of each floor. The construction area of the first floor is calculated according to the horizontal area of the external wall structure above the foot of the external wall, and that of the second floor and above is calculated according to the horizontal area of the external wall structure. Corridors with columns are calculated according to the horizontal area around columns, balconies and corridors with palisades are calculated according to the horizontal area around palisades, and balconies and corridors without palisades are calculated according to half of their horizontal area. The construction area is not calculated by wall eaves, wall eaves and overhangs.
(two) is a brick, wood, civil structure, calculated according to the method of national housing survey specification.
(3) The building height is calculated according to the average height of indoor floor to floor or front and rear wall (column). If the height is less than 2.2 meters, the construction area shall not be calculated.
Sixteenth housing demolition compensation can be monetary compensation, but also the implementation of housing property rights exchange.
The implementation of property rights exchange, the demolition and demolition should be based on the provisions of Article 13 and Article 15 of these measures, calculate the amount of compensation for the demolition of houses and the house price of property rights exchange, and settle the price difference of property rights exchange. Demolition should provide houses that meet the national quality and safety standards for demolition and resettlement.
Seventeenth demolition of public housing in principle, monetary compensation, the need for reconstruction, in the premise of not breaking the original compensation amount and scale, beyond the scale and compensation amount by the demolition.
Eighteenth demolition due to special circumstances really need transitional resettlement, transitional housing by the demolition of their own arrangements, by the demolition of people in accordance with the monthly 400 yuan standards to pay temporary resettlement subsidies. Since the date of demolition, the demolished person shall provide temporary resettlement subsidies for homesteads for no more than 6 months on time; If the demolition fails to provide the homestead on time, the transitional resettlement subsidy shall be extended for 6 months from the date of providing the homestead. The demolisher provides the homestead on time, but if the demolished person cannot move into the new house due to his own reasons, the temporary resettlement fee cannot be postponed.
The demolition of people moving, according to 400 yuan to give a one-time moving fee subsidies; If the transitional house needs to be moved twice, the first moving fee will be subsidized to 400 yuan and the second moving fee will be subsidized to 500 yuan.
Nineteenth measures for the resettlement of the relocated households' homestead
(1) The principle of "one household, one house" shall be adhered to in the resettlement of relocated households' homestead.
(two) the relocated households (people) refers to the relocated households (people) who have registered accounts issued by the household registration authority within the overall planning scope of Jifeng Industrial Park in western Hunan, and must meet the following four conditions at the same time:
1, 2004 10, household registration authority 31;
2. Have legally independent property;
3. Houses that need to be demolished due to construction in the planning area;
4. In the village collective economic organizations, they enjoy the right to contracted management of land and assume legal obligations.
(three) the permanent residence in the planning area, and in 20041October 3 1 day did not make household registration, but at the time of demolition can meet the following conditions:
1, in line with the national requirements for marriage age, married and living separately from parents, with divided property, subcontracted land and land (contract) and tax payment certificate;
2. I have lived in the demolished house for many years;
3. Hold review opinions at the township and village levels;
4. After it was released, it was recognized by the masses.
(four) the following circumstances and objects shall not be placed in the homestead:
1, illegal buildings and temporary buildings need to be demolished;
2. There is no legal property right certificate, and there is no living life in the demolished house;
3. The house is in the planning area, but there is no legal property right certificate and homestead certificate.
4, married (or with the woman to the door) although the account has not moved, but now the permanent residence is not in the planning area of Jifeng Industrial Park in western Hunan and requires relocation or a separate account;
5. For the elderly who need children to support them;
6, because of the dissolution of marriage in the planning area to live with relatives.
(5) Eligible relocated households and households can arrange a homestead with an area of 1.20 m2.
(six) the implementation of the homestead resettlement area for the area. The original homestead area is more than the current resettlement area, and the less resettlement area is compensated to the relocated households according to the 30 yuan standard per square meter; If the original homestead area is smaller than the current resettlement homestead area, the relocated households (people) shall supply more resettlement areas to the relocated households according to the standard of per square meter 120 yuan.
(seven) the buildings in the resettlement area must meet the planning requirements.
Twentieth households entering the resettlement area shall choose the resettlement place according to the order of signing the demolition agreement. If more than two households choose the same homestead at the same time, it shall be determined by drawing lots.
Twenty-first households planning land use permits, construction project planning permits, state-owned land use permits, housing use warrants unified handling, self-care, in principle, only charge fees.
Twenty-second demolition payment method. When the relocated households sign the demolition agreement with the demolition unit, the demolition party will pay 30% of the total compensation for the demolition, 40% of the total funds for the demolition will be paid after the main house demolition is completed, and the rest will be paid after the clearing.
Twenty-third housing demolition procedures
(1) Jifeng Investment Development Co., Ltd. of Xiangxi Autonomous Prefecture applied to the real estate administrative department for the demolition permit;
(two) the real estate administrative department issued a demolition notice;
(3) The demolisher entrusts a qualified real estate price appraisal agency to conduct appraisal, and issues an appraisal report in accordance with the prescribed scope, content and requirements, and the appraisal results shall be publicized;
(four) the signing of the demolition agreement without objection to the evaluation results, and the objection to the evaluation results shall be handled with reference to the provisions of the Regulations on the Administration of Urban Housing Demolition and the Working Rules for Administrative Adjudication of Urban Housing Demolition;
(five) according to the demolition agreement.
Chapter IV Standards and Management of Resettlement Areas
Article 24 The selection of resettlement areas shall conform to the overall planning of Jifeng Industrial Park in western Hunan, and a new residential area with reasonable layout and beautiful environment shall be built.
Twenty-fifth resettlement areas should have the standards of "five connections and one leveling" (electricity, water, access, television, telephone and site leveling).
Twenty-sixth public facilities in the resettlement area shall be handed over to the property management unit of the resettlement area or the villagers' representative committee of the residential area for management after the completion of the park, and the property management expenses shall be borne by the householder.
Chapter V Reward and Punishment
Article 27 ruling
(a) if the demolition is completed within the time limit stipulated in the demolition agreement, it will be rewarded at 5% of the total compensation for the demolition (except for the financial allocation unit).
(two) according to the provisions of the household registration, and parents choose homestead, a one-time reward 10000 yuan.
(three) due to special circumstances, the demolition can not provide the resettlement homestead on time, but the demolition voluntarily in advance, according to the total compensation for demolition 10% reward.
Twenty-eighth residential land in the resettlement area shall not be bought or sold without permission. Once found, it shall be recovered according to law and dealt with severely according to relevant regulations.
Twenty-ninth in violation of the relevant provisions, no demolition, no agreement, hearing, administrative ruling according to law, if necessary, apply to the people's court for compulsory execution. Those who obstruct state functionaries from performing official duties according to law shall be investigated for responsibility according to law.
Chapter VI Supplementary Provisions
Thirtieth these Provisions shall come into force as of the date of promulgation.
Article 31 The State Bureau of Land and Resources shall be responsible for the interpretation of these Provisions.
Attachment: 1, benchmark guide price of housing compensation standard.
2, production and living facilities compensation standard benchmark guide price.
3, the demolition of enterprises above designated size to stop production, business compensation standards.
4. Compensation standard for water wells. Lawyer Qi of Hebei Jigang Law Firm QQ58859486
& lt/FONT & gt； & lt/TD & gt； & lt/TR & gt；