Changsha City Compensation and Resettlement Measures for Land Requisitioned for National Construction (1998 Amendment)

Chapter 1 General Provisions Article 1 In order to strengthen the management of land requisition and house demolition for national construction, ensure the smooth progress of national construction, and protect the legitimate rights and interests of the parties concerned, in accordance with the Land Management Law of the People's Republic of China ", "Implementation Regulations of the Land Management Law of the People's Republic of China" and "Hunan Province Land Management Implementation Measures", these measures are formulated based on the actual situation of this city. Article 2 Where construction within the administrative area of ??this city requires land requisition and rural house demolition, compensation and resettlement shall comply with these Measures, unless otherwise provided for by national laws and regulations. Article 3 The land management department of the Changsha Municipal People's Government shall uniformly manage the compensation and resettlement work for land requisitioned in this city. The land management departments of the district and county (city) people's governments shall manage the compensation and resettlement work for land requisitioned within the district, county (city). , except those that need to be managed by the municipal land management department. Article 4 When land is requisitioned for national construction, the land-using unit must provide compensation and resettlement to the unit whose land has been requisitioned in accordance with these Measures. Units and individuals subject to land acquisition and demolition must obey the needs of the state and relocate to vacate the land within the specified period without obstruction. Article 5 The people's governments at all levels of this city should strengthen their leadership over land acquisition and demolition work. Land management departments at all levels, land-using units, units or individuals affected by land acquisition and demolition should coordinate and cooperate, do a good job, and correctly handle the relationship between the state, collectives, and individuals. Units or individuals that have made outstanding contributions to land acquisition and demolition will be rewarded by the municipal, district, and county (city) people's governments. Chapter 2 General Provisions Article 6 When land is requisitioned for state construction, the land-using unit must submit the approved design task letter or preliminary design, capital construction and technical transformation plan and other relevant documents to the city or district or county (city) where the requisitioned land is located. ) The land management department of the people's government applies for construction land. The land management department of the municipal or district or county (city) people's government reviews the construction land, demarcates the scope of the land, and organizes the land-using unit and the land-expropriated unit to negotiate a compensation and resettlement plan for the acquired land in accordance with the law. , report to the city or district or county (city) people's government for review and approval.

Development units that acquire rural land for comprehensive development of large areas must handle land acquisition procedures based on the comprehensive development plan. Article 7 Land acquisition and demolition work may be organized uniformly by the municipal, district, or county (city) people's government, or the urban construction and development unit with demolition qualifications may be entrusted by the land management department of the municipal, district, or county (city) people's government to handle it, or it may be handled by the land-using unit. Do it yourself. Article 8 Once land requisition is approved, the land management department shall announce the land user unit, land requisition scope, relocation period, etc. in a land requisition notice or other forms. From the date of issuance of the notice, the land-expropriated unit shall maintain the current status of land use within the scope of requisition, and shall not rush to build buildings (structures) or plant crops, or change the use of the land. Article 9 After the scope of land requisition is determined, the land management department of the municipal, district, county (city) people's government shall notify the township (town) people's government and public security departments where the requisitioned land is located to suspend the processing of household registration and new house construction within the land requisition scope. , expansion and reconstruction procedures. If it is really necessary to enter the household due to birth, military transfer or retirement, marriage, etc., it must be approved by the district, county (city) people's government. Article 10 Within the prescribed relocation period announced by the land management department, the land-using unit and the land-expropriated unit shall sign a written agreement on compensation and resettlement and other matters in accordance with the provisions of these Measures.

The compensation and resettlement agreement shall stipulate the amount of various compensation fees and subsidies, the form of labor resettlement, the relocation transition method and transition period, liability for breach of contract and other terms that the parties deem necessary. Article 11 After a compensation and resettlement agreement is concluded, it must be authenticated by the municipal or district or county (city) land management department. Article 12 If the land-using unit and the land-expropriated unit cannot reach an agreement through consultation on the amount of various compensation fees and subsidies, the form of labor resettlement, the relocation transition method and the transition period, the land management department that approved the land acquisition shall make a ruling, and the parties concerned shall make a decision on the ruling. If you are dissatisfied, you can file a lawsuit with the People's Court within 15 days from the date of receipt of the ruling. The implementation of land acquisition and demolition will not be suspended during the lawsuit. Article 13 Within the time limit for relocation and land reclamation stipulated in the land requisition notice of the land management department or the ruling stipulated in Article 12 of these Measures, if the land-expropriated unit refuses to relocate and vacate the land without justifiable reasons, the city, district, or county ( The Municipal People's Government has made a decision to order relocation and land reclamation within a time limit. If the land is not relocated or cleared within the time limit, the land management department shall apply to the People's Court for enforcement. Chapter 3 Compensation for Land Requisition Article 14 For land requisitioned for national construction, the land user shall pay land compensation fees, attachments and young crop compensation fees, and resettlement subsidies.

Various compensation standards will be adjusted and announced in a timely manner by the municipal land and price management department based on land category, annual output value and price changes. Article 15 Land compensation shall be paid in accordance with the following provisions:

(1) For expropriation of rice fields, commercial vegetable fields, and professional fish lakes (ponds), the compensation shall be based on the per capita occupation of cultivated land in the three years before expropriation. Compensation is calculated at 5 to 6 times the average annual output value standard. Compensation for requisition of dry land and lotus ponds will be calculated at 5 times.

(2) The requisition of economic forest land will be compensated at 5 times the annual output value standard of Class 3 rice fields; the requisition of timber forest land will be compensated at 30% to 50% of the economic forest land compensation standard; the requisition of barren hills and wasteland will be compensated at 30% to 50% of the economic forest land compensation standard. 20% compensation.

(3) If the requisition of ponds and reservoirs mainly for irrigation requires the construction of ponds and reservoirs in other places, the construction fees and land occupation compensation fees shall be calculated based on the actual project volume; there is no need to relocate to build ponds and reservoirs. If the reservoir is used to irrigate commercial vegetable fields, the compensation will be 5 times the annual output value standard of Class 4 commercial vegetable fields; if it is used to irrigate rice fields, the compensation will be 5 times the annual output value standard of Class 2 rice fields.

(4) If the buildings, structures and roads on the expropriated land need to be relocated and rebuilt, they will be compensated according to the land type of the reconstruction site. If they do not need to be rebuilt, they will be compensated at 5% of the annual output value standard of Class 2 rice fields. times compensation.

If the land user develops agricultural land in conjunction with construction, only land improvement fees and production reduction loss fees will be compensated according to the original land category.