Requisition Of Collectively-Owned Land Compensation In Wuhan City Placement

Original Language Title: 武汉市征用集体所有土地补偿安置办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
(November 24, 2003, Wuhan municipal people's Government at the 13th Executive meeting on December 22, 2003 to 149th, published since the people's Government of Wuhan municipality as of February 1, 2004) Chapter I General provisions article in order to strengthen the requisition of collectively-owned land (hereinafter land) compensation management to protect land smoothly, protect landless rural collective economic organizations, or any other rights of rural people's legitimate rights and interests, in accordance with the People's Republic of China Law on land management,
    People's Republic of China regulations on implementation of the land management law, land management measures in Hubei Province and other laws and regulations, combined with the city's actual, these measures are formulated. Article compensation and allocation procedures apply within the administrative area of the city.
    Otherwise provided for by laws and regulations, and provincial people's Government from its provisions.
    Article III land requisition compensation and resettlement in these measures refers to requisitioned collectively-owned land, expropriated in accordance with these measures of rural collective economic organizations, rural villagers pay compensation or other rights and implementation of resettlement.
    Fourth city land administrative departments in charge of land requisition compensation and resettlement work in the city, also responsible for the riverbank, jianghan, (Editor's Note: this stone by the left, the right for Joe), Hanyang, Wuchang, qingshan, Hongshan district, Wuhan economic and technological development zone, Wuhan East Lake high-tech development zone of land requisition compensation and resettlement in the context of implementation.
    Dongxihu, and Hannan, and CAI Dian, and Jiangxia, and Xin Zhou, huangpi district land administrative departments in charge of compensation and allocation management within their respective jurisdictions. Second chapter General provides fifth article land programme by law approved Hou, by City Government or dongxihu, and Hannan, and caidian, and Jiangxia, and Xinzhou, and huangpi District Government will approved land organ, and approved paper,, and land of uses, and range, and area and land compensation standard, and agricultural personnel placed approach and handle land compensation of term,, in was land location of Xiang (town, and field, and street), and village be announcement.
    Specific work by the land administration authorities are responsible for the implementation. Article sixth landless rural collective economic organizations, rural or other right holder shall within the period specified in the announcement, registration of land ownership certificates to designated locations handling compensation. Built on expropriated land (structures), should also provide information about building (structure) of legal documents.
    Land administration departments shall organize land acquisition personnel to the site to investigate and verify.
    Landless rural collective economic organizations, rural or other rights holder is not on schedule registration procedures for compensation, the compensation is subject to the findings of the Department of land administration. From the date of announcement of land expropriation, landless rural collective economic organizations and farmers must not lay across the land, rush.
    Planting, and rush, no award of compensation.
    Article seventh land according to the land acquisition program approved by the Administrative Department, together with the relevant departments of land requisition compensation and resettlement programmes and expropriated local townships (towns, fields, streets) or village shall be published, listen to landless rural collective economic organizations and the villagers ' opinions.
    Land requisition compensation and resettlement programme after approval, the Department of land administration organizations. Article eighth rural collective economic organizations, rural or other right holders on the compensation standard of land expropriation dispute, according to the relevant regulations of the State and province for processing.
    Land requisition compensation and resettlement disputes did not affect land acquisition programme implementation.
    Nineth land acquisition and compensation costs include compensation for land, resettlement and the floor attachment (building and structures) and compensation for athletes.
    Tenth land, according to the original purposes of the expropriation compensation.
    Expenses expropriation shall requisition compensation and resettlement programmes approved within 3 months from the date of full payment.
    Third chapter land, and athletes and the ground attached real compensation 11th article expropriation land of, by following standard paid land compensation fee: (a) expropriation arable land of, by the arable land was expropriation Qian 3 years average annual output value of 10 times times compensation; (ii) expropriation garden, and woodland and other agricultural to of, by near arable land Qian 3 years average annual output value of 6 times times compensation; (three) expropriation construction with to and not using to of, by near arable land Qian 3 years average annual output value of 6 times times compensation. 12th on the land of the young athletes, to calculate the value of, and according to their output to compensate. Get no compensation and cannot be harvested, a quarter of output to compensate.
    Value cannot be calculated, given reasonable compensation.
    Irrigation and Water Conservancy and electric irrigation and drainage facilities, electricity, radio, communications facilities and other fixtures, can migrate from the property unit responsible for migration, transfer payments from the land; you cannot migrate from land compensation according to reset the price per unit.
    Graves on the expropriated land, land units in the form of announcement to inform grave owners migrated on their own within a specified period, and pursuant to the relevant provisions to the graves moved graves to pay fees; fails to migrate, the Department of land administration, in conjunction with relevant departments.
    Diyi、er、sankuan provisions of this article the compensation should be paid to the owner, the specific compensation standards by the municipal pricing administrative authorities together with the municipal land administration authorities.
    13th land acquisition involving house demolition, according to the provisions of the expropriation of collectively owned land in Wuhan City housing units management implementation. 14th as legally approved the temporary use of land units, rural collective economic organizations to pay compensation in the following provisions: (a) the temporary use of land, according to the previous 3-year average annual output value of combined years of compensation.
    Less than 1 year on a two years basis, and more than 1 year (1 year) at 3 years; (b) other gainful land for temporary use, by multiplying the average annual output value of close to 3 years before the land compensation for life.
    Provisional attachment with range of athletes and the ground, according to the actual compensation for all losses. Fourth chapter agricultural population placed 15th article expropriation land of, should by following provides paid placed subventions: (a) expropriation arable land of, each 1 a need placed of agricultural population of placed subventions standard, for the arable land was expropriation Qian 3 years average annual output value of 6 times times, but, each hectares was expropriation arable land of placed subventions, highest not over the arable land was expropriation Qian 3 years average annual output value of 15 times times; (ii) expropriation has returns of other land,
    Per 1 standard requires placement of the agricultural population of resettlement for the first 3 years the average annual output value of cultivated land near 6 times.
    Expropriation of unproductive land, not paid resettlement. 16th 11th according to these measures, article 15th payment for land compensation and resettlement fees, yet not be resettled farmers to maintain their living standards, approved by the provincial government, can increase the resettlement.
    Land compensation, resettlement fees shall not exceed the sum of the 3 years before the expropriation of arable land with an average annual output value of 30 times.
    17th article in need of resettlement the agricultural population, according to the quantity divided by the land by expropriation of arable land was requisitioned before calculation unit has an average amount of land.
    Because land is agricultural population enjoy the rehousing policy, are no longer included in the next land be taken agricultural population.
    18th place in need of rehousing people from rural collective economic organizations, resettlement fees paid to the rural collective economic organizations, administered by the rural collective economic organizations and use; by other flats, resettlement fees paid to the rehousing units; don't need unified resettlement, resettlement fees paid to be placed personal or consent of the placed persons for paid placement staff insurance costs. Meet the conditions for social security, consent of the placed persons consent, resettlement fees to cover the cost was placed officer of the social security.
    Participate in the specific measures shall be formulated by the municipal labor and Social Security Department of the social security, submitted to the municipal people's Government for approval.
    Article 19th landless rural collective economic organizations can take the arrangement of land, the reclamation of cultivated land and adjust the land, enterprises, set up special funds for land expropriation, placement required placement of staff.
    20th landless rural collective economic organizations of expropriation compensation payments should be disclosed to the members of the collective economic organizations, and accept their supervision.
    Must be earmarked for expropriation of land resettlement and shall not be appropriated for other purposes.
    District and township (town) people's Government and the subdistrict offices should strengthen the use of resettlement supervised.
    The fifth chapter legal liability article 21st embezzle expropriated the land compensation fees and other related costs, supervision and auditing departments to investigate and punish constitutes a crime, criminal responsibility shall be investigated according to law.
    22nd land administrative departments in the process of land requisition compensation and resettlement of staff neglect, abuse, deception, constitutes a crime, criminal responsibility shall be investigated according to law; do not constitute a crime, administrative sanctions according to law.
    Sixth chapter supplementary articles article 23rd land unit of land area, population, agriculture, and the annual output value of cultivated land, determined according to the statistical data provided by the administrative authorities.
    Article 24th compensation for use of the State-owned agricultural land for non-agricultural construction, in accordance with the measures implemented.
    25th to specific problems in the application of these measures, the Department of land administration is responsible for the interpretation. 26th article of the rules take effect on February 1, 2004.
          Nation-building, Wuhan Municipal Government of March 30, 1994 publication of the expropriation compensation and settlement measures repealed simultaneously.