(A) land acquisition approval procedures (taking large-scale construction projects as an example)
1, the construction project is approved by the State Council or the provincial government according to law.
2, the construction unit to the city and county government land departments to apply for construction land.
3, the city and county government land departments to review the development of land acquisition and other programs.
4, with the consent of the municipal and county governments reported step by step.
5. The land requisition plan shall be approved by the State Council or the provincial government according to law.
(two) the implementation procedures of land expropriation
1, land requisition announcement issued.
(1) Issued by: municipal and county governments.
(2) Release scope: the township (town) and village where the expropriated land is located.
(3) Announcement contents: approving the land requisition authority, approval document number, land requisition purpose, scope and area, land requisition compensation standard, agricultural personnel placement method, time limit for handling land requisition compensation, etc.
(4) Consequences of the announcement: Crops planted or buildings built after the announcement are not included in the compensation scope.
2, for land acquisition compensation registration.
(1) Registration authority: the government land department designated in the land requisition announcement.
(2) Registration applicant: the owner and user of the expropriated land.
(3) Registration period: the period specified in the land requisition announcement.
(4) Materials required for registration: land ownership certificate, property right certificate of ground attachments and other documents.
(5) Consequences of non-registration: included in the scope of compensation.
3. Formulate compensation and resettlement plan for land acquisition.
(1) Drafting organ: land management departments of municipal and county governments in conjunction with relevant units.
(2) Drafting basis: land registration data, field survey results, checked land acquisition compensation registration, and land acquisition compensation standards stipulated by laws and regulations.
(3) Program content: land compensation fee, resettlement fee, young crops compensation fee, ground attachments compensation fee, etc.
(4) Program announcement: The land management departments of the municipal and county governments announce the program in the townships (towns) and villages where the land is expropriated, and listen to the opinions of the rural collective economic organizations and farmers whose land is expropriated.
(5) Examination and approval: The land administration department of the municipal or county government shall report to the municipal or county government for approval.
4. Determine and approve the land acquisition compensation and resettlement plan: municipal and county governments (and report to the land management department of the provincial government for the record).
5, the implementation of land acquisition compensation and resettlement program.
(1) Organization and implementation organ: land management department of the government at or above the county level.
(2) Payment of fees: chivalrous persons shall pay the land-expropriated units and individuals within 3 months from the date of the scheme. If the fees are not paid as required, the land-expropriated units and individuals have the right to refuse to hand over the land.
6, land delivery land acquisition units and individuals shall deliver the land within the prescribed time limit.
III. land acquisition compensation Project
1. Land compensation fee is the economic compensation paid by land-using units for economic losses caused by rural collective economic organizations whose land has been requisitioned according to law.
2. The young crops compensation fee is the compensation fee paid by the land-using unit to the units and individuals who plant young crops because the young crops on the expropriated land are destroyed due to land requisition.
3. Compensation fee for attachments. If the attachments such as houses and other facilities on the expropriated land are damaged due to expropriation, the land-using unit shall pay the compensation fee to the expropriated person.
4. Resettlement subsidy. The surplus labor force caused by land acquisition shall be paid by the land-using unit to the land-expropriated unit.
Four, the standard amount of land acquisition compensation
1. The specific standards and amounts of various land acquisition compensation fees shall be stipulated in the land acquisition compensation and resettlement plan approved by the municipal and county governments according to law.
2. Determination of the average annual output value in the three years before the land is expropriated (compensation standard for land compensation fees and resettlement subsidies): the annual statistical report of the most basic unit approved by the local statistical department and the unit price approved by the price department shall prevail.
3, according to the provisions of the payment of land compensation fees, resettlement subsidies can not make the farmers who need to be resettled to maintain their original living standards, you can increase the resettlement subsidies. 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.
Verb (abbreviation of verb) management and attribution of salary expenses
(a) the compensation fee charged by the land acquisition unit shall be calculated in the following ways:
1. Land compensation fees owned by collectives, resettlement subsidies payable to collectives according to law, young crops compensation fees and ground attachments compensation fees shall be managed and used by land-expropriated units.
2. Young crops compensation fee and attachments compensation fee belong to the owners of young crops and attachments.
3, the ownership and use of resettlement subsidies:
(1) The resettlement of rural collective economic organizations shall be paid to the rural collective economic organizations for management and use.
(2) if it is placed by other units, it shall be paid to the placement unit.
(3) If there is no need for unified resettlement, with the consent of the resettlement personnel, it shall be paid to the individual resettlement personnel or used to pay the insurance premium for the resettlement personnel.
(two) the distribution of income from the use of collective compensation fees:
1, set up a special account in a local financial institution.
2, the use of public, accept the supervision of the villagers.
3, the distribution method by the villagers' meeting or the villagers' representative meeting by more than half, reported to the township government for the record.
Disputes over compensation for land expropriation with intransitive verbs and their solutions
1, dispute over compensation standard. ? Governments at or above the county level shall coordinate first. If the coordination fails, it shall be decided by the people's government that approved the requisition of land.
2. Disputes over the allocation of compensation expenses. Its nature is a civil dispute, the parties are village committees or rural collective economies and villagers, and the parties can solve it through civil litigation.
3, land acquisition information disclosure disputes. Belong to administrative disputes, the parties can be resolved through administrative reconsideration and administrative litigation.
Extended data
The examination and approval and requisition of land shall be subject to the examination and approval system of the State Council and provincial people's governments.
The State Council's approval authority is as follows:
(1) basic farmland;
(2) More than 35 hectares of cultivated land other than basic farmland;
(3) Other land exceeding 70 hectares.
Other land uses shall be approved by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and reported to the State Council for the record. In the examination and approval of land requisition, if you want to requisition agricultural land, you must first apply for agricultural land conversion, or at the same time apply for approval of agricultural land conversion.
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