Let's talk about land acquisition first. Land expropriation is a process that the government or land department at or above the county level implements, turns collective land into state-owned land and makes compensation at the same time. Requisition of land must be approved by the Planning Commission, and procedures such as planning permit and land use approval shall be handled. These documents should also be publicized like the land acquisition compensation policy, and they can also be requested to read. If not, it is illegal land acquisition.
Regarding the compensation for land expropriation, the state has a land management law with detailed provisions, but it is basically instructive. Generally speaking, there are provincial rules and regulations in the province, which are also instructive. See your county (or city) land acquisition compensation policy for specific land acquisition compensation standards. This policy is open and is available on the websites of the county (city) government and the county (city) Land and Resources Bureau. You can also go to the Land and Resources Bureau to inquire and copy. When land is requisitioned, the land requisition implementation unit should also post it in the township government. You can learn from it in many ways.
To put it simply, land expropriation compensation is divided into three categories: young crops, population and land compensation, in which young crops are paid to farmers, population compensation is paid to farmers, and land compensation policy stipulates that it is paid to collective economic organizations (village committees, township governments, etc.). ), but towns and villages are composed of farmers, so some areas have begun to pay some of them to farmers; Moreover, the compensation for fixed attachments is included in the land compensation. If the fixed appendages such as ditches and culverts are trimmed by farmers themselves, they shall be paid to farmers.
The second is compensation for demolition. Demolition is the compensation for housing, including housing compensation, location compensation, fixed attachment compensation, decoration compensation, moving expenses, transition expenses, etc. It is completely different from the content of land acquisition compensation. The methods and standards of compensation for demolition are also formulated by local governments themselves, and the policies are open, and the demolition should also be posted on the spot. As with the above policies, you can learn about them in many ways.
I come from Nanjing, Jiangsu. At present, the average land acquisition here is about 6.5438+0.2 million yuan/mu, including 3,000 yuan/mu for young crops. According to age, population compensation is divided into three categories: children (under 654.38+0.8 years old) 6000 yuan/person, labor force 40000 yuan/person, and old people (above retirement age) 20000 yuan/person. The land compensation is about 60,000 yuan/mu, of which 70% is distributed to farmers and 30% is reserved for township governments and village committees. We also implement the system of farmers' insurance, but the young crop fee must be paid to farmers in cash, and the population compensation and the allocated land compensation will enter the social security. When farmers reach retirement age, they are paid monthly living expenses.
In your article, you said "1 compensation for children under 8 years old110,000 yuan, compensation for men under 40 years old is 20,000 yuan, and compensation for women over 30 years old is 8,000 yuan. The elderly only give subsistence allowances and 350 yuan every month; The compensation fee for land and young crops is ***825 yuan per mu. " That is, the content of land acquisition compensation is generally low, and there seems to be some problems.
The first is the population division, which should be children under 18 years old, the labor force (male 18~60 years old, female 18~55 years old) and the elderly (male 60 years old and female 55 years old); Secondly, the compensation standard for men and women is the same, and there can be no discrimination; Third, women's 8,000 yuan is not even as good as children, which is obviously too little. Fourth, the compensation for land and young crops is ridiculously low, with 1 * * 825 yuan per mu, and only 1 yuan per square meter will buy land!
In your article, you said that "230 yuan will be compensated for living in a building of one square meter, 73 yuan will be compensated for the transition fee every month, and each person will be compensated for the resettlement house of 35 square meters. We will buy the resettlement house at 100 yuan per square meter", which means the compensation for demolition. You have a low compensation and low resettlement housing system, which is different from ours. Please be specific about your policy. Our compensation here is only 2,700 yuan/square meter for housing and 2,700 yuan/square meter for demolition and resettlement houses. The people also have decoration compensation, incentive fees and fixed accessories to ensure that the people have the ability to decorate houses of the same area after demolition.
Your government's failure to produce compensation standard documents is illegal in itself and does not conform to the statutory procedures for land acquisition and demolition. You can ask to see the approval documents of the planning commission, planning and land acquisition and demolition, otherwise it will be illegal. There are too many incidents of illegal industrial parks infringing on people all over the country, and industrial parks are only legal if they are established by the state and provincial governments. The following governments have no right to set up industrial parks at all. If it is not approved by the province or the state, it is definitely illegal.
For illegal land use, illegal land acquisition and demolition, the best way is to refuse the demolition and make way for it, and at the same time actively reflect and report the problems and safeguard the legitimate rights and interests of your people.
Because the cost of government violation is too low, there will often be various image projects and things that infringe on the interests of the people. Dealing with government departments and government officials who violate the law can bring a lawsuit to the court, but the difficulty of prosecuting officials can be imagined, and it is time-consuming, costly and laborious. But fortunately, there is another best way, and that is to petition.
You should go to the Land and Resources Bureau to copy the compensation methods and standards for land acquisition and demolition as evidence, write some materials, and get the signatures of ordinary people, which will become a collective reflection of the problem, and then go to the municipal and provincial governments and even the State Letters and Calls Bureau, the Ministry of Agriculture and other relevant departments to petition. Moreover, the higher the petition level, the faster it will be resolved. So, if you can, go to the province and petition the country. The problem reflects that the superior knows that the following officials may lose their hats, and the dog officials will not dare to invade the people at will. I hope you will work harder to protect your rights and interests.