The compensation items to be paid for the expropriation of industrial land include land compensation fees, resettlement subsidies and compensation fees for rural villagers' houses, other ground attachments and young crops.
Article 48 of the Land Management Law
Fair and reasonable compensation should be given for land expropriation to ensure that the original living standards of landless farmers are not reduced and their long-term livelihood is guaranteed.
Land requisition shall pay land compensation fees, resettlement subsidies and compensation fees for rural villagers' houses, other ground attachments and young crops on time and in full according to law, and arrange social security fees for landless farmers.
The standards of land compensation and resettlement subsidies for requisitioning agricultural land shall be determined by the provinces, autonomous regions and municipalities directly under the Central Government through the formulation and publication of comprehensive land prices in the region. The formulation of regional comprehensive land price should comprehensively consider the original land use, land resource conditions, land output value, land location, land supply and demand, population and economic and social development level and other factors, and be adjusted or re-published at least once every three years.
Compensation standards for expropriation of agricultural land, ground attachments and land other than young crops shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government. In accordance with the principle of compensation before relocation and improvement of living conditions, fair and reasonable compensation shall be given to rural villagers' houses, and the wishes of rural villagers shall be respected. Fair and reasonable compensation shall be given by rearranging housing sites, providing resettlement houses or monetary compensation, and compensation shall be paid for relocation and temporary resettlement expenses caused by expropriation, so as to protect rural villagers' right to live and legitimate property rights and interests.
The local people's governments at or above the county level shall incorporate the land-expropriated farmers into the corresponding social security system such as providing for the aged. The social security expenses of landless peasants are mainly used for social insurance payment subsidies such as endowment insurance for eligible landless peasants. Measures for the collection, management and use of social security fees for landless farmers shall be formulated by provinces, autonomous regions and municipalities directly under the central government.
Can the state expropriate land by force?
1. The state can requisition land by force.
Requisition of land itself is compulsory. This compulsion is not without any constraints, but under the law, the prescribed legal procedures must be fulfilled according to law. As long as the legal procedures are fulfilled, farmers must hand over their land.
2. Of course, the compensation for legal land acquisition is very small, which is far from the land transfer price, which also reflects the mandatory nature of land acquisition.
Supplementary standards for legal land acquisition shall be formulated by the local municipal and county governments. Of course, the provincial government generally has to draw up a line of control. Where land is expropriated according to law, the local city and county governments and the Bureau of Land and Resources shall publish the announcement of land expropriation scheme and the announcement of compensation and resettlement scheme according to law, and the announcement shall specify the compensation and resettlement standards. It is through these two announcements that farmers understand the standards of land expropriation and compensation and resettlement. Without these two announcements, it can basically be concluded that land acquisition is illegal.
To sum up, it is Bian Xiao's relevant answer about how to compensate for the expropriation of industrial land, hoping to help you.
legal ground
Article 243 of the Civil Code of People's Republic of China (PRC)
In order to meet the needs of public interests, collectively owned land, houses of organizations and individuals and other immovable property may be expropriated in accordance with the authority and procedures prescribed by law.
Expropriation of collectively owned land shall pay land compensation fees, resettlement subsidies and compensation fees for rural villagers' houses, other ground attachments and young crops in full and on time according to law, and arrange social security fees for landless farmers to ensure their livelihood and safeguard their legitimate rights and interests.
Expropriation of houses and other immovable property of organizations and individuals shall be compensated according to law to safeguard the legitimate rights and interests of the expropriated person; Expropriation of individual houses should also guarantee the living conditions of the expropriated person.
No organization or individual may embezzle, misappropriate, privately divide, withhold or default in collecting compensation fees.