Chengdu City Land Acquisition Compensation Standards

Legal subjectivity:

1. What is the latest compensation standard for rural land expropriation (1) According to Article 47 of the Land Management Law, there are three major parts of compensation for land expropriation, namely : Land compensation fee, resettlement subsidy fee, young crop compensation fee. (2) Regarding the distribution of these three expenses: resettlement subsidies and young crop fees are paid directly to the landless people, and land compensation fees are paid to the village collective. (3) However, the land compensation fee given to the village collective does not belong to the collective and the land-expropriated people will not get any: the land compensation fee is uniformly distributed by the village collective, and the specific distribution method must be decided by the villagers’ congress, but at the time of distribution , either all villagers have the right to share the land equally, and then the village allocates land to the land-expropriated people; or more money is allocated to the land-expropriated people as compensation, while the villagers whose land has not been expropriated receive less or no land. Land compensation fees for land acquisition. 2. The latest land management law stipulates how to compensate for land acquisition. 1. The draft amendment to the land law clearly clarifies that rural villagers’ houses will be compensated separately. The draft stipulates that specific measures for compensation and resettlement for the expropriation of collectively owned land by farmers shall be formulated by the State Council. In accordance with the specific measures formulated by the State Council, provinces, autonomous regions, and municipalities directly under the Central Government may stipulate specific standards for compensation and resettlement. 2. Compensate first and then expropriate land. The draft amendment to the Land Law cancels the "30 times upper limit." 3. It is clear that land expropriation should be compensated according to market price. According to the draft, land expropriation compensation is no longer calculated based on the previous land output value. The land compensation standard takes into account both the original The annual output value of the land use must also be considered comprehensively, including the location of the land, the relationship between supply and demand, and the level of economic and social development. In particular, the compensation for housing and land-based dwellings must follow market principles. The purpose is to ensure that the original livelihood of the landless farmers is improved and the long-term livelihood is guaranteed. 4. The draft changes the compensation content from three items to five items on the basis of the current "land compensation, resettlement subsidies and compensation for green crops." 5. In terms of housing security, houses on state-owned land will be provided to farmers whose land has been expropriated in urban planning areas. Monetary compensation will be given at the market price; housing sites will be rebuilt outside the urban planning area and compensation will be given based on the cost of new houses. 6. Social security subsidies will be added to the compensation funds and recorded into the personal pension insurance accounts of landless farmers. , The draft also makes principle provisions on land acquisition procedures. Strict procedures must be formulated in accordance with the principles of legality, fairness, and openness." It also clarifies that "land acquisition shall not be approved and implemented if compensation funds are not implemented. 8. This revision of the Land Management Law shall not be approved. It is the first step in the reform of the land acquisition compensation system. The draft has authorized the State Council to formulate specific measures for land acquisition compensation and resettlement. According to the current Land Management Law, rural collective construction land cannot be directly traded and can only be acquired from farmers through the state and become state-owned land. Transfer to the market. Landless farmers are often unable to share the benefits of land appreciation, which objectively creates a situation where the government and the people compete for profits. 9. If the compensation standards for land expropriation in the Land Management Law are revised, how much will the compensation for expropriation be increased? The compensation should be increased to at least 10 times the current compensation value. In the amendment to the Land Management Law, if the expropriation compensation is increased by 10 times, farmers can receive 600,000 yuan in compensation for the expropriation of rural collective land or houses on collective land. The expropriation of land is much more complicated than the expropriation of houses on state-owned land. A large amount of land including urban-rural junctions, towns, and new cities is collective land. According to the current land management law, the total of land compensation and resettlement subsidies must not exceed the land expropriated. 30 times the average annual output value in the previous three years. In other words, the compensation for land expropriation generally does not exceed 60,000 yuan, which is equivalent to less than 100 yuan per square meter.

10. Taking into account various factors, the draft revised Article 47 of the Land Management Law to read: When expropriating land collectively owned by farmers, strict procedures should be formulated in accordance with the principles of legality, fairness and openness, fair compensation should be provided, and farmers whose land is expropriated should be guaranteed The original life is improved, the long-term livelihood is guaranteed, and the legitimate rights and interests of the land-expropriated farmers are protected; land acquisition compensation includes land compensation, resettlement subsidies and social security fees for the land-expropriated farmers, housing compensation for rural villagers, and compensation for other ground attachments and young crops. ; The specific measures for compensation and resettlement for the expropriation of collectively owned land by farmers shall be stipulated by the State Council. In accordance with the specific measures formulated by the State Council, provinces, autonomous regions, and municipalities directly under the Central Government may stipulate specific standards for compensation and resettlement. 11. In the future, the Land Management Law may undergo more revisions. After the reform, farmers can be regarded as the main body of rural collective land transactions, and part of the land income can become local fiscal revenue through tax adjustment.