Article 1 In order to standardize the expropriation, compensation and resettlement of collective land and houses on the ground and safeguard the legitimate rights and interests of the parties concerned, these Measures are formulated in accordance with the provisions of relevant laws and regulations and combined with the actual situation of this Municipality.
Article 2 These Measures shall apply to the expropriation, compensation and resettlement of collective land and its above-ground houses and appendages within Huashan District, Yushan District, Maanshan Economic and Technological Development Zone (excluding the scope of demonstration parks) and Maanshan Cihu High-tech Industrial Development Zone (hereinafter referred to as "Cihu High-tech Zone").
Bowang District shall formulate compensation and resettlement measures for collective land expropriation in this district with reference to these measures, which shall be implemented after being reported to the municipal government for the record, and land-expropriated farmers shall continue to be included in the basic old-age security for land-expropriated farmers in the city.
These Measures shall also apply to the collection, compensation and resettlement of the remaining land, houses and ground attachments after land acquisition and demolition.
Where there are other provisions of the state and province on compensation and resettlement for major infrastructure projects, those provisions shall prevail.
Article 3 The collection, compensation and resettlement shall follow the principles of standardized procedures, reasonable compensation, openness and fairness.
Fourth municipal government unified leadership of the city's collective land expropriation compensation and resettlement work.
The municipal administrative department of land and resources shall be responsible for land examination and approval, supervision and management, collective land expropriation management, guidance, coordination and supervision. Municipal development and reform, finance, human resources and social security, civil affairs, housing and urban and rural construction, urban management, public security, agriculture and rural areas and auditing departments shall cooperate with each other in accordance with the provisions of these Measures and their respective division of responsibilities to ensure the smooth progress of collective land expropriation, compensation and resettlement.
The people's governments of all districts, the Administrative Committee of Maanshan Economic and Technological Development Zone and the Administrative Committee of Cihu High-tech Zone are the subjects of collection (hereinafter referred to as the subjects of collection), and are responsible for organizing relevant departments and units in the region to carry out the collection work.
The land and housing expropriation department determined by the expropriation subject (hereinafter referred to as the expropriation department) is responsible for the specific implementation of land acquisition compensation and resettlement work.
Fifth collective economic organizations, members of collective economic organizations or other rights holders shall support the demand for construction land for social and economic development and assist in the collection work.
Chapter II Land Expropriation Procedures
Sixth after the approval of the land acquisition plan, in the name of the municipal government, the people's governments (offices) of the villages, groups and towns (streets) that have been expropriated will issue land acquisition announcements. The announcement of land expropriation shall include the following contents:
(a) land acquisition approval authority, approval number, approval time and purpose;
(two) the ownership, location, land type and area of the expropriated land;
(3) Land requisition compensation standards and resettlement methods;
(four) the time limit and place of land acquisition compensation registration.
Seventh collective economic organizations, members of collective economic organizations or other rights holders of expropriated land shall, within the time limit stipulated in the land acquisition announcement, go through the registration procedures for expropriation compensation at the designated place with the certificate of real estate ownership or other valid documents. Failing to handle the registration of compensation for expropriation and the registration of compensation for houses and attachments to be expropriated as scheduled, the investigation results of the expropriation department shall prevail.
Article 8 The municipal administrative department of land and resources shall, jointly with relevant departments, draw up a compensation and resettlement plan for land acquisition within 45 days from the date of the announcement of land acquisition, and listen to the opinions of rural collective economic organizations, members of collective economic organizations and other rights holders whose land has been expropriated. The announcement of land acquisition compensation and resettlement plan shall include the following contents:
(a) the location, type and area of the expropriated land, the types and quantities of attachments and young crops on the ground, and the number of people who need to be resettled;
(two) the standard, amount, payment object and payment method of land compensation fee;
(three) the standard, amount, payment object and payment method of the resettlement subsidy;
(four) compensation standards and payment methods for attachments and young crops on the ground;
(five) the way of personnel placement;
(six) other specific measures related to land acquisition compensation and resettlement.
After the land requisition compensation and resettlement plan is approved by the municipal government, it shall be organized and implemented by the expropriation subject.
Ninth after the announcement of land acquisition, the relevant departments, units and individuals shall suspend the following matters within the scope of land acquisition:
(a) the examination and approval of homestead and construction land;
(two) the approval of new construction, expansion and renovation of housing;
(3) Changing the use of houses and land;
(4) Issuing business licenses for industry and commerce;
(5) Housing transfer and land transfer;
(six) other acts of improperly increasing compensation interests.
The subject of collection shall notify the relevant departments in writing to suspend the relevant procedures, and specify the suspension period. The maximum suspension period shall not exceed 1 year. Land units need to extend the suspension period, it shall apply for the "Notice of Continued Suspension" 30 days in advance, and the extension period shall not exceed half a year.
If the suspension mentioned in the first paragraph is handled during the suspension period, no compensation will be given.
Tenth before the delivery of land expropriation, the expropriation subject is responsible for the daily management work, and the related expenses are included in the expropriation cost. After the land acquisition delivery unit (purchasing and storage unit), the land-using unit (purchasing and storage unit) is responsible for the daily management.
Chapter III Compensation for Land Requisition and Personnel Placement
Eleventh land acquisition compensation adopts the comprehensive land price method.
The comprehensive land price of the expropriated area includes land compensation fee and resettlement fee, of which the land compensation fee is 40% of the comprehensive land price of the expropriated area and the resettlement fee is 60% of the comprehensive land price of the expropriated area.
The comprehensive land price of the expropriated area shall be implemented in accordance with relevant regulations.
Twelfth land compensation fees shall be paid and used in accordance with the following provisions:
If the expropriated land belongs to the village collective economic organization, a special financial account shall be set up, which shall be supervised by the township (town) and the street and used by all. If the expropriated land belongs to the villagers' group, 70% of the total land compensation fee shall be allocated by the village collective economic organization to the resettlement personnel according to the provisions of villagers' autonomy for the production and living expenses of the landless farmers. The remaining 30% into the village collective economic organizations provident fund, by the township (town), the street is responsible for the supervision of its use and management.
The resettlement subsidy shall be paid in full to the personal account of the land-expropriated resettlement personnel.
Thirteenth the number of people who need to be resettled shall be determined according to the number of cultivated land requisitioned divided by the number of cultivated land per capita occupied by requisitioned units before land requisition. The total population of the land-expropriated unit is a member of the collective economic organization that is registered on the date of the announcement of land expropriation and meets the resettlement conditions. The total amount of cultivated land before land acquisition by the land-expropriated unit shall be subject to the investigation results of the land and resources department.
Cultivated land refers to vegetable fields, paddy fields, irrigated land, dry land and cash crops. Intensive fish ponds (including fry ponds) are calculated according to cultivated land.
Fourteenth land acquisition personnel who meet one of the following conditions belong to resettlement personnel:
(a) Permanent agricultural population and persons born and legally married;
(2) Active duty conscripts and junior noncommissioned officers who were originally resident in the agricultural population;
(3) Prisoners among the original permanent agricultural population;
(4) 1 August 19951The people who moved into the landless villagers' group a few days ago have contracted land and houses, and the main labor force is engaged in agricultural production and undertakes agricultural obligations. If the contracted land does not reach the per capita contracted land level of the villagers' group, it shall be resettled according to the actual proportion;
(five) the agricultural personnel who first moved in among the national policy immigrants;
(six) the city's urban policy migration for small town hukou "self-care rations households", there are still people who contract land and housing in the original place of residence;
(seven) when land acquisition is transferred to households, those who are members of the collective economic organization (subject to the transfer list) shall be resettled.
The above-mentioned personnel shall be placed after the publicity of the villagers' group whose land has been expropriated, and shall be audited by the township (town) government and the street office. After confirmation by the collection department, it will be copied to the municipal land and housing collection and management department for the record.
When land is requisitioned, the deadline for personnel resettlement is the announcement date of the land requisition compensation and resettlement plan approved according to law.
The following personnel do not belong to the resettlement personnel:
(1) Persons who have been resettled after previous land expropriation and natural growth of non-agricultural personnel who have been married and given birth after land expropriation and transfer;
(2) Persons who moved in after 1982, 10 and 15, but did not meet the requirements specified in Item (4) of the first paragraph;
(3) at one's own expense;
(four) other personnel who do not meet the resettlement conditions.
Fifteenth meet the requirements of landless farmers, into the urban employment service system and social security system.
Measures for raising social security funds for landless farmers shall be formulated separately by the municipal government.
Article 16 If a state-owned farm that has been approved to occupy agricultural land causes losses to the original user, it shall pay land compensation fees, young crops, attachments and population resettlement subsidies with reference to the standard of collective land expropriation, and its personnel shall not be included in the basic old-age security system.
The occupation of forest land shall be implemented according to the Regulations of Anhui Province on the Protection and Management of Forest Land.
Chapter iv compensation for young crops and attachments
Seventeenth land acquisition should pay the compensation fee for young crops and attachments according to law, and the compensation fee for young crops and attachments belongs to the owner.
If the temporary use of rural collective land is approved according to law, the land-using unit shall pay the rent, young crops and attachments compensation fees in accordance with these measures.
The compensation standard for young crops and attachments shall be implemented in accordance with relevant regulations.
Eighteenth young crops compensation, according to the output value of crops multiplied by the actual planting area at the time of land acquisition, no compensation. Unauthorized occupation of cultivated land, change of cultivated land use, planting trees or digging ponds to raise fish. , young crops compensation should be calculated according to the original purpose.
Scattered trees planted, the expropriated households are willing to transplant, and pay the transplant fee; Unwilling to transplant, give reasonable compensation.
No compensation will be given to the natural wild plants, flowers and trees planted after the announcement of land requisition.
Nineteenth special breeding and planting approved by the statutory departments, after the collection of the main organization identified, can be evaluated and compensated.
Twentieth requisition of forest land, should first obtain the consent of the administrative department of forestry. Compensation fees for state-owned and collective forest land shall be implemented in accordance with the following standards:
Expropriation of collectively owned forest land shall be carried out according to the regional comprehensive land price designated by the "Ma 'anshan Land Acquisition Compensation Standard", and the proportion division and distribution method of forest land compensation fee and resettlement subsidy shall be implemented according to relevant regulations.
(two) the woodland of state-owned forest farms shall be implemented according to the compensation standard for land acquisition in collective forest areas. If there are multiple areas around the forest farm, it shall be implemented according to the highest standards around, and the compensation fee shall be allocated by the state-owned forest farm in accordance with the relevant provisions on the management of state-owned assets.
(three) the compensation standard for collective forest farms and state-owned forest farms with forest ownership certificates, which is 3,300 yuan/mu for those with stock during the main cutting period and 2,800 yuan/mu for those without stock and newly planted.
Twenty-first farmland water conservancy and electromechanical irrigation and drainage facilities that need to be rebuilt shall be rebuilt by the land-using unit; If the attachments such as electric power, broadcasting and communication facilities can be relocated, the relocation fee shall be paid. Attachments that do not need to be rebuilt and cannot be moved shall be compensated according to the replacement price.
Twenty-second need to move the grave, it shall be announced. The relocation expenses shall be implemented after being approved by the Municipal Civil Affairs Bureau in conjunction with the municipal land and housing collection and management department.
Chapter V Housing Compensation
Twenty-third compensation for legal housing mainly includes the following contents:
(1) Compensation for the expropriated house;
(two) the compensation for the decoration of the expropriated house;
(three) relocation compensation and temporary resettlement caused by the expropriation of houses;
(4) Compensation for attachments such as fences and floors;
(5) Compensation for other lawful contents.
Twenty-fourth expropriation of legal housing according to the replacement price of the new compensation.
For the registration of ownership, it shall be determined according to the area specified in the certificate.
If there is no real estate ownership registration at the time of compensation registration for the expropriated households within the scope of the project, the legal compensation area of the house will be compensated after confirmation.
No compensation will be given for illegal construction. Demolition within the prescribed time limit, appropriate to give relocation subsidies.
The above-mentioned houses involved in expropriation shall be investigated, identified and publicized by the expropriation subject.
Twenty-fifth compensation for the decoration of the expropriated house adopts two ways: bundled compensation and net value evaluation, and the expropriated person chooses one.
If the expropriated person chooses the bundled compensation method for house decoration, the amount of decoration compensation shall be one-time compensation according to 35% of the total amount of legal house compensation.
If the expropriated person chooses net value assessment, it shall be implemented in accordance with the relevant provisions of real estate assessment. If the expropriated person fails to choose an assessment agency within the time limit, the compensation amount shall be determined according to the bundled compensation method.
Twenty-sixth households in line with the housing resettlement, the relocation costs, temporary resettlement fees in accordance with the relevant standards.
Legal housing is given 100 yuan/square meter as a moving reward, with a maximum of 20,000 yuan per household.
The temporary resettlement fee is calculated from the date of relocation and delivery to 3 months after the date of receiving the key of the property right exchange room. The transition period shall not exceed 18 months for those who move to multi-storey resettlement houses; Relocation to high-rise resettlement housing, the transition period shall not exceed 30 months. If the resettlement house is not delivered within the time limit, the temporary resettlement fee will be paid according to 2 times of the original standard from the overdue month.
If the expropriated person chooses monetary resettlement, a one-time temporary resettlement fee of 6 months will be given.
Twenty-seventh non residential expropriation, monetary compensation. Monetary compensation includes the following contents:
(1) Compensation for the value of the expropriated house;
(2) Compensation fee for house decoration;
(3) Compensation for attachments such as fences and floors;
(four) equipment relocation and installation costs caused by house expropriation;
(5) Compensation for unrecoverable equipment and facilities;
(six) compensation for losses caused by the suspension of production and business;
(7) Compensation for other lawful contents.
Twenty-eighth expropriation of non residential houses, the land use and construction procedures are legal, and the compensation amount is calculated according to the assessed net value of the expropriated houses.
Before the end of 2005, although there were spots on aerial photographs, there were no land approval and planning procedures. Non-residential houses that were normally produced and operated and paid taxes according to law were moved within the prescribed time limit, and the compensation amount was calculated at 70% of the assessed net value of the expropriated houses.
No compensation will be given for illegal construction. Demolition within the prescribed time limit, appropriate to give relocation subsidies.
The above-mentioned houses involved in expropriation shall be investigated, identified and publicized by the expropriation subject.
Article 29 the assessed price of non-residential and destructive demolition equipment and facilities shall be levied as the basis for compensation.
For the equipment that can be relocated, the relocation and installation fee shall be compensated through negotiation according to the legal construction area of 20 yuan/m2, with a maximum of 654.38 million yuan, or 5% of the equipment value, and the expropriated person shall choose the compensation method.
Thirtieth losses caused by the collection, the taxpayer shall be given a one-time compensation for the losses according to the monthly average after-tax profit of one year before the date of announcement; Or pay compensation according to 5‰ of the legal construction area compensation of the expropriated house, and the expropriated person chooses a compensation method.
Thirty-first expropriation of its own business premises and stores, the expropriated person shall provide real estate ownership certificate and business license. If the land use stated in the land use right certificate is homestead, it shall be calculated according to 1. 1 times of the housing compensation standard, and no other compensation such as loss of production or business suspension shall be arranged. If the land use right certificate specifies that it is used for other purposes, compensation shall be given according to the relevant provisions of non-residence.
Article 32 If the expropriated person rents the house, the expropriation department shall compensate the expropriated person.
Chapter VI Housing Resettlement
Thirty-third housing placement shall meet the following conditions:
(a) in accordance with the provisions of article fourteenth should be placed;
(2) Having the right to use rural homestead according to law;
(3) The expropriated house is legally owned.
Those who were members of collective economic organizations or moved in after June 1982+ 10/5, who still live in the original house and have legal property rights registration procedures, should be resettled by analogy.
People who have enjoyed urban housing benefits will not be resettled.
Thirty-fourth in any of the following circumstances, no housing placement:
(1) The house has not been expropriated;
(two) temporary residents or permanent residents who are renting houses;
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