According to the provisions of Article 1 of the Constitution, the state may expropriate or requisition rural collective land and make compensation in accordance with the law for the needs of public interests.

The so-called public interests generally refer to the national defense construction, public telecommunications construction, municipal construction, transportation, large-scale water conservancy projects, etc. In a broad sense, it also includes the purpose of attracting investment from the government or other construction activities approved by the competent authorities of the state.

What are the characteristics of land expropriation by the state?

1. Land expropriation by the state is a kind of state behavior with sovereignty.

2. Land expropriation by the state is an administrative act.

3. There is no need for negotiation and consent of both parties to land acquisition.

4. Receiving land expropriation is an obligation of farmers' collective land owners to the state.

But farmers have the right to know, to confirm, to hear, to participate and to supervise.

according to the emergency notice of the general office of the State Council on further tightening the management of land acquisition and demolition and earnestly safeguarding the legitimate rights and interests of the masses (Guo ban fa Dian [21] No.1), we must strictly implement the relevant procedures, resolutely stop and correct the illegal and illegal forced land acquisition and demolition, and requisition collective land must be carried out in an orderly manner under the unified organization and leadership of the government. Before land acquisition, we must make a timely announcement to solicit the opinions of the masses. The reasonable demands put forward by the masses must be properly resolved. If the procedures are illegal, the compensation is not in place, the living conditions of the demolished people are not guaranteed, and the emergency plan has not been formulated, no compulsory demolition is allowed.

the procedures of land requisition are mainly divided into two stages, namely, the approval procedures before land requisition and the implementation procedures after land requisition.

(I) Pre-approval stage

1. Determine the adjacent land acquisition locations, and make it clear

Determine the land acquisition block according to the urban construction demand and the land use situation of the proposed project combined with the urban construction area and the urban planning area determined by the overall land use planning.

2. Pre-announcement of land requisition: Before the land requisition is submitted for approval according to law, the collective economic organizations and farmers of the land requisition will be informed in writing of the purpose of the land requisition, the location of the land parcel and the relevant requirements.

Publish the announcement of moving graves and temples

Inform the right of hearing: the land-expropriated village group has the right to apply for a hearing on the compensation approval and resettlement approach of the land to be expropriated.

Go deep into the village group and hold a mobilization meeting to win the support of the masses.

no compensation will be given to attachments and young crops that are rushed to build and plant after the pre-announcement.

law enforcement inspection: the land department, together with the housing and construction department, will strengthen the law enforcement inspection of the land within the scope to be expropriated, and it is strictly forbidden to rob the construction, construction and planting.

organize mediation departments to mediate disputes such as land ownership.

3. Investigation of land expropriation

The land expropriation unit conducts on-the-spot investigation on the village and group where the land to be expropriated is located, so as to fully understand the agricultural population, per capita cultivated land and annual output value of the village and group involved in the land to be expropriated; Investigate the ownership, type and area of the land to be expropriated, as well as the ownership, type and quantity of the attachments on the ground.

the land ownership is based on the land certificate; The land type and area shall be subject to the survey of land use status (change survey) and the results of survey and demarcation, so as to ensure that the ownership of the land to be expropriated is clear and the land type and area are accurate.

the survey results should be confirmed with the rural collective organizations, farmers and the property owners of the above-ground and attached objects, and the archives should be kept well. For those who refuse to sign and seal the questionnaire, the land acquisition unit should do a good job in obtaining evidence and notarize the survey results as the basis for the implementation of compensation.

4. In case of house demolition, social stability risk assessment should be done well.

planning and selecting sites for temporary resettlement sites, permanent resettlement sites and production reserved land of agricultural population that need to be relocated.

if it involves the formalities of social security and forest land use, the land acquisition department should organize materials to go through the relevant formalities with the urban social security department and the forestry administrative department according to the regulations after completing the land acquisition investigation: (1) Do a good job in the Social Security Plan; (2) Handling the Review Opinion on the Use of Woodland.

the expropriation of basic farmland must be approved by the State Council.

5. Calculation of compensation standard for land acquisition

Name of charging subjects: land compensation fee, young crops compensation fee, bamboo and fruit tree compensation fee, ground attachment compensation fee, incentive subsidy fee, pole line, pipe network relocation fee, surveying and mapping fee, table clearing fee, site leveling fee (supporting facilities fee), work expenses, etc.

6. Draw up the land acquisition compensation agreement, the demolition compensation and resettlement agreement, and organize the land-expropriated unit and relevant right holders to discuss and sign matters in time after examination and approval.

7. According to the survey data in the early stage of land acquisition and the compensation standard for land acquisition, the land department draws up the "one book and three plans", organizes and improves the relevant land use approval materials, and submits them to the examination and approval level by level.

(II) In the post-approval stage, according to (two announcements and one registration procedure)

1. Announce the land acquisition plan

After the land acquisition plan is approved according to law, the Municipal People's Government will set the approval authority, the approval number, the purpose, scope and area of the land acquisition, the compensation standard for land acquisition, the resettlement method for agricultural personnel and the time limit for handling land acquisition compensation in the land acquisition location.

2. Registration of land acquisition compensation

Owners, users and other rights holders who have been expropriated shall go through the registration formalities of land acquisition compensation at the place designated by the announcement with the land ownership certificate within the time limit specified in the announcement of land acquisition plan, and the compensation content shall be subject to the investigation results of the land acquisition unit. Failing to apply for land acquisition compensation registration within the time limit shall be regarded as giving up; However, unless there are justified reasons to delay.

3. Announce the land requisition compensation and resettlement plan

After the land requisition unit further verifies the land owner, the right to use the land and the attachments on the ground, it will draw up the land requisition compensation and resettlement plan according to the approved land requisition plan, make an announcement in the villages and groups where the land is expropriated, and listen to the opinions of the expropriated rural collective economic organizations and farmers.

4. hearing or coordination adjudication of land acquisition compensation and resettlement disputes

according to the opinions of the rural collective economic organizations, farmers and other rights on the announcement of land acquisition compensation and resettlement plans, the land acquisition compensation and resettlement plans will be revised and supplemented in time. If there is any dispute over the compensation standards, the people's government that approved the land acquisition will make a ruling. And submit the land requisition compensation and resettlement plan and relevant opinions and materials to the Municipal People's Government for approval.

5. Organize land acquisition and implement the land acquisition compensation and resettlement plan

The dispute over the land acquisition compensation and resettlement plan does not affect the implementation of the land acquisition plan. After the land acquisition compensation and resettlement plan is approved, the rural collective economic organizations, farmers and other rights holders shall obey it and shall not obstruct the land acquisition. The land acquisition unit shall implement the land acquisition compensation and resettlement expenses and corresponding resettlement work in accordance with the approved land acquisition compensation and resettlement plan, and sign an agreement on land acquisition compensation and resettlement; Supervise the payment of compensation and resettlement fees.

6. land delivery

after the compensation and resettlement fees for land acquisition and the corresponding resettlement work are in place, the young crops and attachments on the ground will be cleaned on schedule, and the land will be delivered after acceptance. In case of violating the laws and regulations on land management and obstructing the requisition of land for national construction, the municipal demolition office shall issue a notice in the name of the Municipal Bureau of Land and Resources and order it to hand over the land; Refusing to hand over the land, the land acquisition unit shall apply to the people's court for compulsory execution.

7, land acquisition data archiving management.

within 3 days from the date of land delivery, the unit that implements land acquisition and demolition will file and improve the relevant land acquisition materials and hand them over to the archives of the Municipal Bureau of Land and Resources for management.

some laws and regulations on land expropriation compensation

ii. land expropriation compensation projects

according to the provisions of the law, the compensation fees for land expropriation include land compensation fees, resettlement subsidies, and compensation fees for ground attachments and young crops.

1. Land compensation fee: refers to the compensation made by the state to the owner of the expropriated land for the loss of the expropriated land owner's land reduction or lack of arable land.

2. Resettlement subsidy: refers to the necessary production and living subsidy expenses given by the state to farmers whose main means of production and livelihood are land expropriation and the difficulties in production and living caused by land expropriation.

the unified annual output value standard is the main basis for calculating the compensation fee for land acquisition. On the basis of the unified annual output value standard, the compensation fee for land acquisition is calculated according to the types and quality of cultivated land to be expropriated, farmers' investment in land, agricultural product prices, agricultural land grades, local farmers' existing living standards and socio-economic development levels, and the original compensation standard for land acquisition.

3. Young crops subsidy: the young crops have to be destroyed because there are uncultivated crops on the cultivated land. If it is a short-term crop, it will be compensated according to its output value. If it is a perennial crop, it will be compensated reasonably according to its planting period and growing period.

compensation for young crops in aquaculture is given according to different breeding varieties, breeding methods and breeding facilities.

4. The compensation fee for attachments on the ground is the state compensation for the demolition, relocation, restoration, removal and logging of various buildings, structures and facilities on the expropriated land.

various buildings and structures include: frame houses, brick-concrete houses, brick-wood houses, earth-wall houses, simple sheds, interior decoration and exterior wall decoration.

other attachments on the ground: fence, retaining wall, threshing ground, temporary house (looking at the pond house), storage fence, brick kiln, lime kiln, septic tank, biogas digester, water well, highway or tractor road (with a width of more than 3m), water pipes, ditches, poles, wires and fence doors.

other structures: graves.

houses and other structures: newly determined compensation fees are combined according to the replacement price.

Subsidies for house demolition on collective land: temporary transitional subsidies, relocation subsidies, lost time for moving (relocation), and award for signing the agreement on time.

Non-housing relocation subsidy: subsidy for suspension of production and unemployment.

other subsidies: telephone, broadband network transfer fee, cable TV transfer fee, water and electricity installation fee and air conditioning transfer fee.

5. compensation for trees (fruits and bamboos): if it is possible to transplant, it should be organized to transplant, and the labor cost of transplanting and the loss of seedlings should be paid; if it is impossible to transplant, the price compensation should be given.

1. The fruit trees planted in front of the house and behind the house shall be expropriated, and compensation shall be given according to different tree species, quantity specifications and years.

2. If fruit trees and orchards are planted in pieces, compensation will be given according to different specifications within a reasonable planting density. Intercropping and interplanting more than two kinds of fruit trees, trees or other crops, if the total number of trees does not exceed the maximum planting density, they will be compensated separately; If the total number of trees exceeds the maximum planting density, compensation shall be made according to the maximum limit of one of them; Do not accept the above compensation, according to the forestry or agricultural departments of the orchard, fruit tree planting engineering design regulations and the actual income situation of the actual assessment of compensation.

3. Expropriation of trees on forest land can be divided into timber forest, economic forest, firewood forest, shelter forest and special purpose forest for compensation.

4. For fruit tree seedlings in the nursery, the compensation for handling fees and transplanting fees for medicinal materials can be moved or transplanted, and compensation can be made according to the market price if they cannot be moved or transplanted.

5. flowers and landscaping seedlings shall be compensated according to their types and specifications (the compensation standard is transplanting fee and transplanting loss fee, and compensation shall be made according to the market price if they cannot be transported or transplanted.

3. Housing relocation and resettlement

Housing relocation and resettlement refers to the act of demolishing and resettling farmers' houses after the government expropriates rural collective land according to law.

in the outer suburbs of cities and rural areas, relocation and resettlement are mainly adopted, and houses built on homesteads are rearranged. The demolition compensation should consider not only the demolished houses, but also the expropriated homesteads. The house demolition should be compensated according to the construction cost, and the homestead expropriation should be compensated according to the prescribed land acquisition standard. In the urban-rural fringe, in principle, the homestead building is no longer arranged separately, mainly in the form of monetary or in-kind compensation. The demolished farmers choose their own houses or resettlement houses provided by the government, and the demolition compensation and government subsidies obtained by the demolished farmers.

At present, the demolition of legal houses on collective land in our city is carried out in one of the following three ways.

1. Monetary compensation (homestead cannot be rearranged).

2. Resettlement of apartments (the original legal houses are compensated according to the replacement price), and the purchase price is given at a preferential price.

3. Resettlement of the rebuilt homestead. The demolition of houses to implement the replacement price compensation.

4. Forced demolition

(1) If the expropriation department and the relocated people fail to reach a compensation agreement within the signing period determined by the expropriation compensation scheme, the expropriation department shall report to the people's government at the city (county) level that made the decision on house expropriation to make a compensation decision according to the expropriation compensation scheme and make an announcement within the scope of house expropriation. If the relocated people are dissatisfied with the compensation decision, they may apply for administrative reconsideration or bring an administrative lawsuit according to law. If the demolished person does not apply for administrative reconsideration or bring an administrative lawsuit within the statutory time limit, and does not move within the time limit stipulated in the compensation decision, the people's government at the city (county) level that made the decision on house expropriation shall apply to the people's court for compulsory execution according to law.

(2) Before the implementation of compulsory demolition, the demolisher shall apply to the notary office for evidence preservation on matters related to the demolished house.

(3) If the demolisher fails to provide the demolished person with compensation funds according to the ruling, or the resettlement house and revolving house that meet the national quality and safety standards, the forced demolition shall not be carried out.

(4) When compulsory demolition evidence preservation is implemented, the notary office shall notify the demolished person to be present. If he refuses to be present, the notary shall record it in the record.

(5) If there are items in the house under forced demolition, the notary shall organize to check, count, register and classify all the items one by one. And record the time and place of the above activities, and hand them over to two people present with full capacity for verification, and then the notary and the people present will sign the records. If the demolished person refuses to sign, the notary shall record it in the record.

(6) After the goods are counted and registered, if they can't be delivered to the demolished immediately, the notary shall supervise the demolished person to store the goods in the warehouse provided by him, and hang a tag on the goods. If the goods are lost or damaged, the warehouse keeper shall be liable for compensation.

iv. social security

those who have permanent agricultural household registration in this city, have lost all or most of their land (the per capita remaining arable land area is less than .3 mu) due to the collective land contracted or used by their farmers, and have an agricultural population over 16 years old at the time of land acquisition.

according to the requirements of coordinating urban and rural employment, land-expropriated farmers will be included in the urban employment service system and enjoy urban employment and re-employment support targets.

according to the principle of low threshold, wide coverage and overall inclusion, priority should be given to solving the problem of land-expropriated farmers and training employment, old-age care and medical security systems.

1. Training and employment

1. Carry out vocational training.

2. Land-expropriated farmers with employment aspirations should be included in the urban employment service system.

3. Encourage landless farmers to find jobs and start their own businesses, and enjoy preferential policies for private enterprises and taxes for starting their own businesses.

4. Land-using units give priority to recruiting landless farmers.

5. For those with employment difficulties, enjoy relevant employment support policies according to regulations.

6. Arrange public welfare posts.

2. Old-age security

The insured persons who participate in the old-age insurance are divided into two categories. One is that the male has purchased for less than 6 weeks.