I. Purpose, scope and land status of expropriation
Miaoxiaxiang 2022-0 1 Plot in Longyou County needs to requisition the collective land of Miaoxiaxiang and Maolianli Village. Among them, hectares of cultivated land, hectares of forest land, hectares of other agricultural land and hectares of construction land, with a total expropriation area of * * * hectares.
Two, land acquisition compensation standards, resettlement methods and security content
(a) the comprehensive price of land acquisition area includes land compensation fees and resettlement subsidies. According to the Notice of Longyou County People's Government on Printing and Distributing the Measures for Comprehensive Price Compensation in Longyou County (No.2020), the compensation is made according to the comprehensive price standard of the levy area, specifically:
Implementation scheme of collective land and housing expropriation compensation and resettlement for the development project of Liuchunhu scenic spot in Longyou County
In order to smoothly promote the development project of Liuchunhu Scenic Area, this implementation plan is formulated according to the document requirements of the Measures for Compensation and Resettlement of Collective Land Houses in Longyou County Area 3 (Trial) (Longfa [2020] No.29) and the actual situation of this project.
I. Scope of application
This implementation plan is applicable to the collective land expropriation within the red line of plot 2022-0 1 Miaoxia Lane, the development project of Liuchunhu Scenic Area, and the compensation and resettlement of houses, buildings and attachments involved in the collective land.
Second, the implementation unit
Implementing unit: Miaoxia Town People's Government of Longyou County.
Third, regional recognition.
The construction area and construction area are determined on the basis of building ownership certificate, building ownership certificate, land use right certificate, planning permit or farmers' building approval form (hereinafter referred to as "four certificates and one form").
(a) with "four certificates and one form" or one of other legal documents, confirm the legal subject residential housing area according to the area on the certificate (form). Confirm the following conditions respectively:
(two) in any of the following circumstances, according to the attached room:
1. According to the relevant regulations on rural housing management and control, the ancillary buildings within 40m2 are allowed to be temporarily demolished;
2 land certificates or other valid ownership certificates are clearly defined as ancillary buildings;
3 by the original land, planning, towns and other units to make corresponding treatment of housing.
(3) If the original residential house is changed after approval but exceeds the approved area, or the original residential house is repaired or renovated without approval, which meets the conditions of one household and one house, it shall be implemented according to the approved limit (according to the building approval limit of 20 13), and the house within the limit exceeds the certified area.
(4) Ground buildings or storeys that cannot provide relevant evidence and do not meet the above-mentioned conditions are deemed as illegal buildings.
Fourth, the compensation standard
(a) the legal subject of residential housing construction area according to the replacement price combined with the new rate (hereinafter referred to as the replacement price) to give compensation; The attic and overhead floor of the legal main residential house shall be compensated according to the new price.
(two) the subsidiary buildings shall be compensated according to the replacement price.
(three) according to the provisions of item (three) of Article 3 of this scheme, if the house is not punished, it will be compensated at 80% of the new price.
(four) housing decoration, renovation and other ground attachments, buildings (structures), compensation after evaluation.
Verb (abbreviation of verb) placement method and place
The resettlement methods of this project include three basic resettlement methods: urban resettlement, market town resettlement and relocation resettlement. Among them, urban resettlement and market town resettlement are mainly property owners, and the relocation is mainly to build qualified households. Different types of objects choose corresponding placement methods according to their own conditions. For the resettlement of houses with the nature of state-owned land, all property owners are allowed to make monetary compensation within 50% of the resettlement area (subject to the apartment area).
The houses for urban resettlement houses are Feiyun Community Apartment (faster) and Wencheng Community Apartment (faster).
The houses for resettlement houses in market towns are Xinxi Community Apartment and Cuizhu Community Apartment in Xikou Town, and Benfu New Village Apartment in Miaoxia Village.
The specific housing information of urban resettlement houses and market town resettlement houses shall be subject to the actual announcement.
Relocation and resettlement refers to the resettlement method of building houses approved by the village farmers who meet the building conditions within the red line according to the Regulations on the Examination and Approval of Rural Building. The relocation sites are Benfu New Village Group under the Temple and Xikou Farmers Group.
Six, the classification of property owners
Choose urban resettlement houses and market town resettlement houses, and take the property owner as the resettlement unit for compensation and resettlement.
(1) Property owner. The term "property owner" as mentioned in this scheme refers to the expropriation households with legally independent homestead houses within the red line, and other personnel included in the resettlement population of this household are resettled together with the property owner, and the following situations are confirmed respectively:
1. If a house with the nature of collective land acquired by the same property owner through inheritance, gift, purchase, etc. is confirmed as a legal main residence, the property rights will be merged into one property owner for confirmation; If the same property owner owns more than one legal collective land house, it will be merged into one property owner for confirmation, and other family members who meet the resettlement conditions will be resettled with the property owner.
2. If the property right certificate and land certificate are stated or inherited according to law, but the documents are not handled separately due to historical reasons, if they belong to the same property owner, they shall be recognized as a property owner.
3. There are legal homestead houses inside and outside the red line of the same administrative village. After the merger of property rights, it should be placed by a property owner. You can also keep the legal homestead houses outside the red line, and the houses inside the red line will be given monetary compensation at twice the replacement price (not enjoying the evaluation replacement price).
(2) Classification of property owners. Property owners are divided into the following three types:
The first category is the village farmers who have legally independent homestead houses and meet the conditions for parents to build houses with their children.
The second category is parents and farmers whose parents and their agricultural children have legally independent homestead houses.
The third category is the members of non-village collective economic organizations with legally independent homestead houses.
Children whose parents and agricultural children in the village have legally independent homestead houses are confirmed by the first type of property owners.
Seven, the resettlement population approved
In this paper, the approved resettlement population refers to the population verification method of selecting urban resettlement houses and market town resettlement houses. Relocation and resettlement of the population is approved according to the relevant provisions of the housing policy.
(a) meet one of the following conditions but do not have the provisions of item (two) of this article, can be included in the calculation of resettlement population:
1. The following persons with original household registration in the village:
1 conscripts serving in the army and non-commissioned officers below the third period (excluding non-commissioned officers in the third period);
2. College students (including graduate students);
Three people are serving sentences.
2. The son-in-law has adopted the son-in-law and moved into the village (the son-in-law account is purely female, only one daughter is allowed to adopt the son-in-law account, and the son-in-law account has now moved into the village);
3. Indigenous people (refers to people whose birthplace and original household registration are in the village, and now their household registration is in Longyou County, who have lived in the village for a long time) are registered as businessmen in the village and whose land has been expropriated;
4. Policy transfer personnel who have lived in the village for a long time (mainly refers to the following personnel who were farmers in the village before enjoying the policy of transferring households to other villages: educated youth or cadres who transferred jobs and moved with them, those who transferred jobs as farmers in the village, those who transferred households to other villages, and those who transferred households to other villages with the army. ). If at least one of the parents, spouse or children of the property owner is a member of the village collective economic organization, it can be included in the calculation of resettlement population.
5. Farmers and residents in this village are married, and those whose accounts have not moved out can be included in the calculation of resettlement population. Their children's accounts in the village, can be included in the resettlement population calculation;
6. Farmers living in other villages who are married to WTO, whose investment accounts are changed to non-personnel, and whose accounts belong to those who cannot move in and minor children in agricultural registered permanent residence, can be included in the calculation of resettlement population;
7. If the household registration in the village is changed to non-personnel, the household registration in the village is changed to non-personnel, and if the household registration is changed to non-spouse, the spouse and their children can be included in the resettlement population;
8. If the agricultural population of the village, the registered permanent residence for marriage and investment, the non-spouse for land acquisition and the registered permanent residence in Longyou County, their spouses and children can be included in the resettlement population; The agricultural population of the village is married to other non-agricultural spouses, and if the current spouse's household registration is in Longyou County, his spouse can be included in the resettlement;
9. Divorced women who have moved back to the red line (including those whose household registration has not moved out) can be included in the resettlement population if they meet the following conditions:
1 The divorce fails to obtain the homestead house from the man (subject to the property division in the judgment, mediation and effective divorce agreement);
2. The property owner of the current residence has no objection and agrees to be resettled with him (subject to the written form);
Divorced for two years or one party remarried.
10. Other personnel specified by laws and regulations.
(two) one of the following circumstances, not included in the calculation of resettlement population:
1. Foreigners hang or lean in the village;
2. Personnel officially employed by state organs and institutions (including retirees) and retirees before the restructuring of former state-owned enterprises;
3. Policy personnel who have worked in state and collective enterprises and enjoyed physical housing reform and government affordable housing (except rental);
4 people who have enjoyed the policies of house expropriation (demolition), property rights resettlement and monetary resettlement on collective land;
5. The agricultural population of this village intermarried with the agricultural population of other villages;
6. People who live in the village transfer their investment accounts to Africa, land acquisition to non-personnel and marry farmers in other villages;
7. The owner of the house with independent property rights outside the administrative village, or the head of the household registered on the building approval form when applying for building, is not included in the resettlement.
(III) Under any of the following circumstances and at least one of the husband and wife is an agricultural population in the village, an additional resettlement population may be added (not allowed to enjoy it repeatedly):
1. Married or husband (registered permanent residence has moved in) with only one child, or families without children (the increase is subject to the last generation);
2. Unmarried agricultural population males who have reached the age of 22;
3. There is only one unmarried daughter (agricultural population) who has reached the legal marriage age in the pure daughter household, and the other daughters are not included in the project resettlement or have no independent homestead houses in the village;
4 children of property owners are not included in the resettlement population, and their children have no independent property homestead houses in the administrative village.
(4) If the parents are approved to resettle the population, and the real estate has been placed in the children's name or there is no real estate for other reasons, it will be included in the children's household to calculate the population.
(five) to include or increase the number of people in the resettlement, it is necessary to collect valid materials such as the nature of the household registration, the only child, the service situation, the certificate of "Re-birth" and the housing reform situation.
(six) the deadline for approving the resettlement of the population shall be the date of announcement. After the announcement date, the resettlement population of birth and death will remain unchanged.
(7) Before the announcement, both husband and wife have been divorced for 2 years, and at least one of them remarried. Based on the legal division of property in the court judgment, conciliation statement and effective divorce agreement, their property rights shall be arranged according to the following provisions. Do not meet the above conditions, according to the original property placement:
1. Before marriage, both husband and wife were agricultural workers in the village, but after divorce, they were included in the resettlement population. According to the housing registrant, one party is the first-class property owner and the other party is confirmed as the second-class property owner;
2. Marry an agricultural worker in a foreign village or divorce her husband. After the divorce, the two sides are still agricultural workers in the village and are included in the resettlement population. The original agricultural workers from the village are confirmed by the first-class property owner, and the other party is confirmed by the second-class property owner;
3. After divorce, if one party is an agricultural laborer in the village and is included in the resettlement population, and the other party is non-agricultural, it will be recognized as the first and third class property owners respectively.
Eight. Resettlement area
(a) the first type of property households resettlement area
According to the approved population, it is divided into small households (1-2), middle households (3-4) and large households (5-6), and different households correspond to different resettlement areas.
1. Feiyun Community and Wencheng Community Apartment. The resettlement area is small 100m2, middle 130m2 and large 160m2.
2. Xinxi Community and Penfu New Village Apartment. The resettlement area is 200m2 for small households, 260m2 for middle households and 320m2 for large households.
3. Bamboo community platoon. A property owner can only choose 1 townhouse.
Small households enjoy160m2, large and medium-sized households enjoy the resettlement price of 220m2, and the excess is settled at the market price. Allow large households to choose Xinxi Community or Penfu Community Apartment with a resettlement area of 80㎡ after choosing townhouses.
(2) Resettlement areas for second-class property owners
1. Feiyun Community and Wencheng Community Apartment. The resettlement area is divided by the coefficient of 2 according to the legal main residential building area, and confirmed by the principle of combining capping with underpinning. The maximum resettlement area shall not exceed1100m2/household, and those with an average household size less than 60m2 shall be resettled as 60m2/ household.
2. Xinxi Community and Penfu New Village Apartment. The resettlement area shall be determined according to the principle of capping and guaranteeing the bottom on the basis of the equivalent of the original legal main residential building area. Maximum not more than 200m2/ household; If the average household size is less than 100㎡, the bottom will be 100㎡/ household; if the average household size is less than 65㎡, the bottom will be 65㎡/ person (depending on the type of resettlement house).
3. Bamboo community platoon. If the original legal main residential building area is 100㎡ or the legal building area is 160㎡, it is allowed to choose 1 townhouse, and apartments are not allowed after choosing townhouse.
(3) the third kind of owner resettlement area
1. Feiyun Community and Wencheng Community Apartment. The resettlement area shall be determined by dividing the construction area of the legal main residential house by the coefficient of 2, and the maximum shall not exceed 100m2/ household; The average household is less than 60㎡, and it will be resettled by 60㎡/ household.
2. Xinxi Community and Penfu New Village Apartment. The resettlement area is determined by the equivalent of the legal main residential building area, with a maximum of 200m2/ household. The average household is less than 60㎡, and it will be resettled by 60㎡/ household.
(4) The same property owner can choose urban apartments and market town apartments (including Xinxi Community and Penfu New Village Apartment) in the resettlement area according to the ratio of (1:2) for combined housing selection.
Nine, preferential price area and purchase area
When choosing apartment placement, each property owner is allowed to enjoy the preferential price area of 10㎡ when there is sufficient housing, and the preferential price area can only be used for housing selection in the same community; Each property owner is allowed to purchase an area of less than 30㎡ at the market evaluation price according to the apartment type.
X. settlement price
(a) the part of the resettlement area equivalent to the original legal main residential construction area shall be settled according to the base price combined with the floor price difference. New West Community and Penfu New Village Apartment will give priority to the settlement of the basic price area, and the rest of the resettlement area will be settled according to the guaranteed reserve price combined with the floor price difference.
Apartment in Feiyun Community and Wencheng Community: The resettlement price is 2480 yuan /m2 (regardless of the base price and guaranteed price), the preferential price is 3600 yuan /m2, and the parking space is 30,000 yuan/vehicle.
Xinxi Community and Penfu New Village Apartment: basic price 1.200 yuan /m2, guaranteed reserve price of 2,000 yuan /m2, preferential price of 3,600 yuan /m2, parking space of 30,000 yuan/set, and storage room calculated as 960 yuan /m2.
The residential area row of Cuizhu: the area within 220m2 of small houses160m2 and large houses shall be settled according to the base price and the guaranteed price, with the base price 1480 yuan/m2 and the guaranteed price of 2280 yuan/m2, and the excess area shall be settled according to the market evaluation price. Garage and warehouse are calculated as 1200 yuan/m2.
(II) If the third-class property owners choose urban resettlement houses, the equivalent part of the resettlement area and the legal construction area of the original legal subject residential houses shall be settled according to the floor price difference of 2480 yuan/square meter, and other resettlement areas except the equivalent part shall be settled according to the preferential price combined with the floor price difference. Choose the market town resettlement housing, a considerable area according to the basic price combined with floor price difference settlement; In addition to the equivalent area, other resettlement areas are settled at preferential prices combined with floor price difference.
(3) If the construction area of the original legal residential main house exceeds the resettlement area of the town apartment (i.e. 200m2 for small households, 260m2 for middle households and 320m2 for large households), the excess part shall be compensated according to the replacement price 1 times.
(four) the choice of resettlement houses in market towns, the monetary resettlement price is based on the resettlement area of the remaining apartments in market towns, with the base price area of 3,000 yuan/square meter and the insured area of 2,200 yuan/square meter; If urban resettlement houses are selected, the monetary resettlement price is 6000 yuan/m2, based on the resettlement area of other urban areas.
(five) the choice of resettlement houses equipped with elevators, elevator shaft area after deducting the settlement, the sharing area is registered to the household property area. If the settlement area exceeds the resettlement area, the excess part shall be settled at the market evaluation price.
(6) It shall not be listed and traded within five years. After the expiration of the listing transaction, the land transfer fee shall be paid according to the market evaluation price, and the relevant taxes and fees for real estate transactions shall be charged according to the regulations; Town apartment resettlement houses shall not be listed within one year, and urban resettlement houses shall not be listed within ten years. When the listing expires, it will be regarded as a second-hand house transaction, and relevant transaction taxes will be charged according to regulations.
XI。 Subsidies and incentives
(a) housing relocation subsidies and temporary resettlement subsidies
Housing relocation allowance shall be based on the property owner, and shall be calculated according to the construction area of the legal main residential house of the property owner 10 yuan/m2. If it is less than 1000 yuan/household, it shall be calculated according to 1000 yuan/household. From the expropriated house to the revolving house and from the revolving house to the resettlement house, the relocation subsidy is calculated twice. Non-resettlement objects (there are legal main residential houses inside and outside the red line, and the legal main houses outside the red line are reserved), and the relocation subsidy is calculated at 1 times.
The temporary resettlement subsidy is calculated according to the construction area of the legal main residential house of the property owner, and it is 10 yuan/m2 per month. Less than 650 yuan/month is calculated as 650 yuan/month. Temporary resettlement subsidies shall be paid monthly from the month when the house is vacated to six months after resettlement. If the house has not been resettled for 36 months from the month when it is vacant, the temporary resettlement subsidy will be doubled from the month when it is overdue. If relocation and resettlement are selected, the temporary resettlement subsidy shall be paid from the month of vacating to the month after building approval 18 months (including decoration period). Non resettlement object, a one-time payment of 6 months temporary resettlement subsidies.
(2) individual housing incentives
1. Sign on time award. If the contract is completed within the specified time (divided into three time periods, subject to the announcement), rewards will be given to 150 yuan /m2, 120 yuan /m2 and 100 yuan /m2 respectively according to the original legal main residential construction area. Those who fail to complete the contract within the specified time will not be rewarded.
2. Empty the prizes on time. Vacant delivery of the house within the prescribed time limit (divided into three parts)