Compensation standard for expressway land acquisition
The compensation standard of expressway land acquisition includes monetary compensation and property right exchange.
1, monetary compensation
The amount of monetary compensation includes the compensation price of collective land, residential houses and the compensation price of land ownership position of homestead.
2. Property rights exchange
Criteria for the approved resettlement area of the demolished: If the approved construction area of the demolished house is less than (25-30) m2/person, it shall be approved as (25-30) m2/person; (25 ~ 60) square meters/person, according to the construction area for approval; More than 60 square meters/person, according to the per capita 60 square meters approved. Households with less than 2 people (including 2 people) shall be approved by 2 people; Married couples who have reached the legal childbearing age and have not given birth to children are approved by 3 people. If there are multiple collective land residential houses within the same demolition scope, the construction area of the houses shall be calculated together.
(1) If the village collective economic organization still has a homestead, the homestead can be arranged for the demolished person to build his own house or the village collective economic organization to build a unified house.
(1) If the house is demolished and built by itself, the demolisher shall compensate the demolished person according to the compensation price of the demolished collective land residential house, and the collective economic organization shall compensate the demolished person according to the compensation price of the land ownership of the homestead.
(two) the village collective economic organizations unified housing, by the village collective economic organizations in accordance with the relevant provisions of the provisions of article ninth of the compensation for residents, the village collective economic organizations will have built resettlement houses allocated to residents.
(II) If the village collective economic organization still has agricultural land, it can be converted into non-agricultural construction land for the village collective economic organization to uniformly build resettlement houses, the demolition person shall go through the procedures of collective land expropriation and conversion of agricultural land into construction land according to law and pay related expenses, and the village collective economic organization shall make compensation according to the compensation price of the demolished collective land residential houses.
3. Farmers build their own houses.
The implementation of farmers' self-construction should conform to the overall land use planning, urban planning and town planning, and carry out construction in accordance with relevant regulations.
4. Compensation for high-speed land acquisition
(1) Compensation standard for requisitioned cultivated land
① The average compensation per mu in dry land is 6.5438+0.3 million yuan.
② The average compensation for paddy field is 20,000 yuan per mu.
③ The average compensation for vegetable fields is 30,000 yuan per mu.
(II) If the village collective economic organization still has agricultural land, it can be converted into non-agricultural construction land for the village collective economic organization to uniformly build resettlement houses, the demolition person shall go through the procedures of collective land expropriation and conversion of agricultural land into construction land according to law and pay related expenses, and the village collective economic organization shall make compensation according to the compensation price of the demolished collective land residential houses.
3. Farmers build their own houses.
The implementation of farmers' self-construction should conform to the overall land use planning, urban planning and town planning, and carry out construction in accordance with relevant regulations.
4. Compensation for high-speed land acquisition
(1) Compensation standard for requisitioned cultivated land
① The average compensation per mu in dry land is 6.5438+0.3 million yuan.
② The average compensation for paddy field is 20,000 yuan per mu.
③ The average compensation for vegetable fields is 30,000 yuan per mu.
legal ground
People's Republic of China (PRC) Highway Law (hereinafter referred to as the Highway Law) Article 34 The local people's governments at or above the county level shall determine the land for highways within a range of not less than one meter of the outer edges of ditches (intercepting ditches and slope toe berms, the same below) on both sides of highways.
Article 56 of the Highway Law of People's Republic of China (PRC) (hereinafter referred to as the Highway Law) prohibits the construction of buildings and ground structures in the building control areas on both sides of the highway except for the needs of highway protection and maintenance; Where it is necessary to lay pipelines, cables and other facilities in the building control area, it shall be approved in advance by the transportation department of the local people's government at or above the county level.
The scope of the building control area specified in the preceding paragraph shall be delineated by the local people's governments at or above the county level in accordance with the principles of ensuring the safety of highway operation and saving land, and in accordance with the provisions of the State Council.
After the scope of the building control area is delineated by the local people's governments at or above the county level in accordance with the provisions of the preceding paragraph, the transportation departments of the local people's governments at or above the county level shall set up stakes and boundary markers. No unit or individual may damage or move boundary markers without authorization.
Article 82 of the Highway Law of People's Republic of China (PRC) In addition to the provisions of Articles 74 and 75 of this Law, the administrative punishment power and administrative measures power of the transportation departments specified in this chapter may be exercised by highway management organizations in accordance with the provisions of Paragraph 4 of Article 8 of this Law.
"Regulations on Expropriation and Compensation of Houses on State-owned Land" Article 8 In order to safeguard national security, promote national economic and social development and other public interests, if it is really necessary to expropriate houses under any of the following circumstances, the people's government of the city or county shall make a decision on house expropriation:
(a) the needs of national defense and diplomacy;
(two) the needs of the government organization and implementation of energy, transportation, water conservancy and other infrastructure construction;
(three) the needs of public utilities such as science and technology, education, culture, health, sports, environmental and resource protection, disaster prevention and mitigation, cultural relics protection, social welfare, and municipal utilities organized and implemented by the government;
(four) the needs of the construction of affordable housing projects organized and implemented by the government;
(five) the needs of the old city reconstruction organized and implemented by the government according to the relevant provisions of the Urban and Rural Planning Law;
(six) the needs of other public interests as prescribed by laws and administrative regulations.