How to compensate the land occupied by rural tourism development

Land compensation fees, resettlement subsidies and young crops fees shall be compensated in accordance with the provisions of the Land Law.

Article 47 of the Land Management Law of the People's Republic of China stipulates that if land is expropriated, compensation shall be given according to the original use of the expropriated land.

Compensation for requisition of cultivated land includes land compensation fee, resettlement fee and compensation fee for attachments and young crops on the ground. The land compensation fee for expropriation of cultivated land is six to ten times the average annual output value of the cultivated land in the three years before expropriation. Farmland resettlement subsidy is calculated according to the number of agricultural population to be resettled. The number of agricultural population to be resettled shall be calculated according to the number of cultivated land expropriated divided by the average number of cultivated land occupied by each expropriated unit before land expropriation. The resettlement subsidy standard for each agricultural population in need of resettlement is four to six times the average annual output value of the cultivated land in the three years before expropriation. However, the resettlement subsidy for each hectare of cultivated land to be expropriated shall not exceed fifteen times the average annual output value of the three years before expropriation.

The standards of land compensation fees and resettlement subsidies for the expropriation of other land shall be stipulated by provinces, autonomous regions and municipalities directly under the Central Government with reference to the standards of land compensation fees and resettlement subsidies for the expropriation of cultivated land.

The compensation standards for attachments and young crops on expropriated land shall be stipulated by provinces, autonomous regions and municipalities directly under the Central Government.

Requisition of vegetable fields in the suburbs of cities, land units shall pay the new vegetable field development and construction fund in accordance with the relevant provisions of the state.

If the payment of land compensation fees and resettlement subsidies in accordance with the provisions of the second paragraph of this article still fails to maintain the original living standards of farmers who need resettlement, the resettlement subsidies may be increased with the approval of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. However, the sum of land compensation fees and resettlement subsidies shall not exceed 30 times of the average annual output value of the land in the three years before expropriation.

According to the level of social and economic development, under special circumstances, the State Council can raise the standards of cultivated land compensation and resettlement subsidies.