With the consent of the Municipal People's Government, we hereby print and distribute the "Compensation and Resettlement Plan for Collective Land Expropriation and Ground Attachment Removal of Tian Yun Garden in Yulin City" to you, please earnestly organize its implementation.
Yulin Municipal People's Government Office
April 26(th), 2005
Compensation and Resettlement Scheme for Collective Land Expropriation and Removal of Attachments on the Ground in Tian Yun Garden, Yulin City
In order to do a good job in land acquisition and demolition of Tian Yun Garden, the compensation and resettlement scheme for land acquisition and demolition of Tian Yun Garden is formulated in accordance with the Land Administration Law of the People's Republic of China, the Urban Planning Law of People's Republic of China (PRC), the Regulations on the Administration of Urban House Demolition and the Measures for the Implementation of the Land Administration Law of the People's Republic of China in Guangxi Zhuang Autonomous Region:
I compensation and resettlement for land requisition
Monetary compensation and adjustment and resettlement of construction land will be implemented. Those who meet the resettlement conditions can choose to adjust resettlement or monetary compensation; Do not meet the resettlement conditions, give monetary compensation. After compensation and resettlement, the ownership certificate of the expropriated land shall be recovered and cancelled.
(1) monetary compensation
Including land compensation fees and resettlement subsidies. The general standard of "two fees" is:
1, homestead
(1) Obtained land use right certificate:
Entrusted by the Municipal Real Estate Development Service Center, an assessment agency with assessment qualification conducts a unified assessment according to the original conditions before the announcement of land acquisition, and then the Municipal Bureau of Land and Resources examines and confirms the assessment of land price, and compensates according to the assessment of land price.
(two) did not apply for the certificate of land use rights;
(1)1The actual construction area of ancestral residential houses (excluding patios, vacant lots and auxiliary rooms) built before May 1982 shall be compensated at 90% of the above-mentioned assessed land price.
(2) Rural collective organizations shall allocate funds to this group of farmers in a unified plan, and the actual construction area of residential houses built after May 14, 982 shall be compensated at 80% of the above-mentioned assessed land price.
(3) The rural collective organizations plan the idle homesteads that have been allocated to their own farmers but have not yet been built: firstly, the area of each proposed homestead and each unbuilt homestead of each farmer in their own group is counted. If the sum of the areas of farmers' homesteads (including those not requisitioned and those to be requisitioned) in other places reaches1100m2, all idle homesteads will be compensated at 48,000 yuan/mu; If the sum of the homestead areas in other places is less than 100 m2, 80% of the assessed land price will be compensated according to the difference of the homestead area less than 100 m2, and the remaining area will be compensated by 48,000 yuan/mu; If the sum of the above other areas and the area of the idle homestead is less than 100m2, the requisition of the idle homestead will be compensated at 80% of the appraised price.
(4) Without the unified planning and distribution of rural collective organizations, the residential houses built after May 1982 14 will be compensated according to 70% of the assessed land price.
2. The actual construction area of non-residential houses (auxiliary houses) shall be compensated at 40% of the assessed land price.
3. Temporary simple shed covers an area of 48,000 yuan/mu.
4. In addition to the above land types, the land in the village, such as open space, passageway and threshing ground, will be compensated at 4 1.040 yuan/mu.
(2) Adjustment of construction land and resettlement
1, resettlement measures
(1) Unified planning and centralized resettlement in the approved planning community.
(2) According to the sequence of registration procedures for land acquisition compensation and resettlement, choose the arrangement by yourself. If more than one household is handled at the same time, the priority will be decided by drawing lots.
(3) Go through the construction application procedures in a unified way, and resettle the people to build their own houses.
2. Resettlement standards
(1) homestead
In the resettlement community, the resettlement residential land of 60m2, 80m2 and100m2 (red line area) shall be planned in a unified way, and the resettlement area shall be determined according to the total area of farmers' requisitioned homesteads.
If the survey area is less than or equal to 60m2, 60m2 resettlement will be given; If the investigated area is more than 60m2 and less than 80m2, 80m2 will be given for resettlement; If the expropriated area is more than 80m2 and less than or equal to 100m2, it shall be resettled according to 100m2; If the expropriated area is larger than 100 m2, it will be placed in 100 m2, and monetary compensation will be given for the excess.
(2) The land occupied by non-residential houses (auxiliary houses) and temporary simple sheds shall be given monetary compensation without land resettlement.
(3) The village open space, patio, threshing ground and roads are arranged according to the unified planning of roads in the resettlement area.
(4) The office space of the villagers' committee covers the same area as the requisitioned area.
3. The price difference is complementary.
(1) According to the monetary compensation standard of the expropriated construction land and the estimated price difference under the condition of the planned completed resettlement land.
(2) All the land used for roads in the village shall be given monetary compensation first, and then the land requisitioner shall bear the land requisition cost of the roads in the resettlement community according to the same standard, and the undertaken area shall be calculated to the center line of the surrounding roads.
4. The planned roads, water supply and drainage, power supply trunk lines and soil leveling works in the resettlement area shall be constructed by the project owner unit according to the approved detailed plan; Residential housing construction and installation of water and electricity costs borne by the resettlement households themselves.
Second, the compensation and resettlement of residential housing demolition
Give the relocated households housing compensation and resettlement, relocation subsidies and temporary transitional resettlement.
(1) Compensation and resettlement
Take monetary compensation or property rights exchange and resettlement in two forms, and the owner of the demolished house can choose independently according to the relevant conditions.
1, monetary compensation
According to the structural type of the house to be demolished, the replacement price of the house is multiplied by the newness, and if the newness is less than 50%, it will be compensated by 50% (for houses of various types and structures, the replacement price will be calculated by a legally qualified pricing agency according to the market material price at the time of land acquisition announcement, and will be implemented after being examined and confirmed by the municipal construction administrative department).
2, property rights exchange and resettlement
(1) Exchange conditions: after the demolition of a farmer's residential house, if the building area of the household's residential house in other places or the houses that can be built without vacant homestead are less than 20 square meters per capita, and no new residential land is arranged for construction after the homestead is requisitioned, the house property rights can be exchanged.
After the expropriation of the homestead, the homestead will be resettled, and the house will be built by itself. The house property rights will not be exchanged and resettled, but only monetary compensation will be given.
(2) Replacement scheme: provide various types of resettlement houses with different areas, and the relocated farmers will choose resettlement houses smaller than their demolished building area for property rights exchange.
(3) Make up the price difference: calculate the monetary compensation amount of the demolished house and the market cost price of the demolished house to make up the price difference.
(4) The resettlement house must be a brick-concrete structure or frame structure house that meets the national quality standards, and it shall be delivered to the resettlement person within 12 months from the date of demolition of the original residential house.
(2) Temporary transitional resettlement
After the demolition of farmers' residential houses, farmers will be given temporary transitional resettlement within the prescribed transitional period.
1. Resettlement methods and standards: provide a turnover house of not less than 0.5 square meter per person as the temporary residence of the relocated people, and do not pay temporary transitional resettlement subsidies; If the demolished people arrange their own revolving houses, they will be given 5 yuan/m2 according to the original building area of the demolished residential houses. 2? Monthly transitional resettlement allowance. After the demolition of residential houses, the transitional resettlement subsidy of 12 months shall be paid in one lump sum.
2. Transition period and responsibilities: If the house property right is changed, the temporary transition period shall not exceed 12 months from the date of demolition of the original house to the date of delivery of the changed house. If it cannot be delivered within the time limit, the transitional resettlement subsidy will be doubled on the basis of the above resettlement standards. If the property rights of the self-built houses in the new homestead have not been exchanged, the temporary transition period is from the date of demolition of the original houses to the time for handling the construction project planning permit to resettle the residential land plus 12 months. If farmers fail to build new houses within this time limit, they will not be given transitional resettlement subsidies or revolving houses after the time limit.
(3) Relocation allowance
Demolition of residential houses, according to the demolition construction area, according to 5 yuan /m? The standard gives farmers a one-time relocation subsidy.
Three, other ground attachments demolition compensation and resettlement
Attachments on the ground (including young crops) can be moved and transplanted as a whole, and if they need not be destroyed, only relocation subsidies and transplant labor costs will be given separately, and no compensation will be given; If the attachments on the ground cannot be moved or transplanted as a whole and need to be destroyed, compensation shall be given; No compensation will be given for illegal buildings and young crops that are rushed to build after the demolition announcement.
(1) Young crops on the ground
According to the standard of "compensation value of young crops" published by unified investigation in Yuzhou District.
(2) Non-residential buildings and above-ground buildings
Just for financial compensation. The compensation standard is determined according to the market replacement price multiplied by the new degree. If the newness is less than 50% but it can still be used, it will be compensated by 50%. If it is damaged and can't be used, it won't be paid.
Four. Resettlement procedures and costs
1, the planning administrative department is responsible for the detailed planning of the resettlement community and the resettlement land planning and housing construction procedures of the resettled households. The related expenses shall be borne by those who build houses with land. If the original demolished house has gone through the construction application procedures and paid the relevant fees, the relevant fees equal to the construction area will be exempted when going through the construction application procedures for the newly resettled house.
2, the land administrative department is responsible for the resettlement planning of residential land to agricultural land, requisition procedures and household resettlement land supply procedures. By land users according to 25000 yuan/mu (37.5 yuan/m? 2) Take part of the taxes and fees for declaration and approval of agricultural land conversion, and the insufficient part shall be borne by the project owner. If the original expropriated homestead has gone through the formalities for legal construction land and paid the relevant fees, the tax of the same area shall be exempted when going through the formalities for the supply of resettlement land.
3, the real estate management department is responsible for the registration of property rights of resettlement houses, according to the demolition standards. If the original demolished house has gone through the property right certificate and paid the formalities fee, the fee of the same area will be exempted when handling the registration formalities of the property right of the resettlement house.
Verb (abbreviation of verb) reward scheme
Farmers with expropriated homestead cooperate to complete boundary demarcation and measurement within the prescribed time limit, go through the registration procedures for compensation and resettlement for land acquisition and demolition, receive compensation, and demolish houses on the ground, and give the following rewards, and no rewards will be given after the deadline:
(a) according to the homestead expropriation and housing demolition monetary compensation amount of 6% reward.
(2) If the assessed land price of resettlement land is higher than the monetary compensation standard of the expropriated homestead, the difference shall be exempted according to the same area; If the market evaluation land price of resettlement land is lower than the monetary compensation standard of the expropriated homestead, the difference compensation shall be given according to the resettlement area.
(III) The handling fee for applying for building on resettlement land can be appropriately reduced or exempted with reference to the preferential scheme in the Minutes of the Special Meeting on Reducing the Application Fee for Building on the Land for Tertiary Production of Farmers in Yulin City (No.6, 2005) by the Municipal People's Government.
Rights and responsibilities of intransitive verbs
(a) the rural collective organizations whose land has been expropriated and the relevant property owners have objections to the land requisition plan approved by the people's government and the compensation and resettlement standards determined in this plan, and can apply to the people's government at or above the county level for coordination in writing within 20 days from the date of the announcement of land requisition. If the coordination fails, the people's government that approved the expropriation of land and the corresponding administrative department that examined and determined the compensation and resettlement standards shall make a ruling respectively. If a party refuses to accept the ruling, he may bring a lawsuit to the people's court within the time limit stipulated in the ruling. During the dispute, the land acquisition plan and the implementation of this plan will not be affected.
(II) Land-expropriated rural collective organizations and related property owners who have different opinions or request a hearing on the specific contents and data in the compensation and resettlement scheme announced after compensation registration shall submit them in writing to the municipal land administrative department within 20 days from the date of announcement. The land administrative department shall organize a hearing within the prescribed time limit, listen carefully to the different opinions of the land expropriated person, and make a check. If revision is really necessary, it shall be revised in accordance with the standards approved for implementation.
(III) Land-expropriated rural collective organizations and related property owners have no objection to the approved land expropriation plan and the compensation and resettlement standards determined in this plan or fail to put forward written opinions on time, and fail to go through the compensation registration procedures within the prescribed time limit, according to the provisions of Article 51 of the Measures for the Implementation of the Land Administration Law of the People's Republic of China in the Autonomous Region, compensation shall be deemed to be waived.
(4) After the land-expropriated rural collective organizations and related property owners go through the compensation registration procedures and receive the compensation, they will move and clean up the ground attachments and indoor appliances within 15 days and hand over the land to the state on time.
(five) in violation of land management laws and regulations, obstruct the national construction and requisition of land, according to the provisions of Article 45 of the Regulations for the Implementation of the Land Management Law of the People's Republic of China, the municipal land administrative department shall order it to hand over the land; Those who refuse to hand it over shall be enforced according to law.
(six) the project construction unit timely organize materials, specifically to help immigrants unified planning, construction and land use procedures. Due to the extension of the transitional resettlement period, the project construction unit shall bear the increased transitional resettlement subsidy.
Seven, previously released documents inconsistent with this plan, this plan shall prevail.
Eight, this scheme is explained by the Municipal Bureau of Land and Resources.
Yulin Municipal People's Government Office