Under what circumstances should rural land compensation fees be owned by the collective? Under what circumstances is it personal?

Regarding land acquisition, everyone is most concerned about the compensation for land acquisition. How much can I make up? How to distribute it? What everyone cares about most. Today we will talk about the distribution of compensation for land acquisition. How to allocate land compensation fees? Under what circumstances does it belong to the collective? Under what circumstances is it personal?

Article 26 of the Regulations on the Implementation of the Land Management Law stipulates that land compensation fees shall be owned by rural collective economic organizations; Compensation fees for ground attachments and young crops belong to the owners of ground attachments and young crops. Resettlement subsidies for requisitioned land must be earmarked for special purposes and shall not be used for other purposes. Need to be resettled by rural collective economic organizations, resettlement subsidies paid to rural collective economic organizations, managed and used by rural collective economic organizations; Resettlement by other units, resettlement subsidies paid to resettlement units; If there is no need for unified resettlement, the resettlement subsidy shall be paid to the individual or used to pay the insurance premium of the resettled person with the consent of the resettled person. City, county and township (town) people's governments shall strengthen supervision over the use of resettlement subsidies.

From the above, according to the national policy, land compensation fees belong to rural collective economic organizations. But only for collective economic organizations? In practice, the premise of land compensation being owned by the collective is that the collective should redistribute the land to the landless peasants. In other words, if the collective fails to redistribute the land to the expropriated farmers, the compensation should go to the expropriated farmers.

It should be noted that if all the land compensation is paid to individuals, it means that the land-expropriated farmers have lost the contracted management right and the right to use rural land, and they can no longer contract land and apply for homestead, so the land-expropriated farmers should consider carefully before choosing this compensation method.

In addition, in different regions, the distribution of land acquisition compensation may be slightly different, such as Shanxi regulations:

1. Land compensation fee

● Land compensation fees are mainly used for landless farmers. Rural collective economic organizations shall not encroach on the land compensation fees enjoyed by landless farmers according to law in any name; It is not allowed to illegally divide old households, new households and female households.

● If all the land is expropriated and the rural collective economic organizations are abolished, 80% of the land compensation fee will be allocated to the landless farmers; The remaining 20% will be equally distributed to members of collective economic organizations who enjoy the right to contracted management of land according to law when the compensation scheme for land acquisition is determined. If all the land is expropriated, the land compensation fee shall be paid to the land-expropriated farmers at a rate of not less than 80%, and the rest shall be left to the village collective economic organizations.

● If the land that has been confirmed to the household is partially expropriated or requisitioned, the land compensation fee shall be paid to the landless farmers at a rate of not less than 80%; The remaining 20% is reserved for village collective economic organizations. After the land that has not been properly resettled is expropriated, the land compensation fee and resettlement subsidy shall be paid to the members of the collective economic organizations that have the right to contracted management of land according to law at a rate of not less than 80% when the land acquisition compensation and resettlement scheme is determined; The rest is reserved for rural collective economic organizations.

As can be seen from the above, when distributing land compensation fees in Shanxi, most of them will be distributed to farmers whose land has been expropriated, and the rest will be left to rural collective economic organizations. However, in some places, land-expropriated farmers will be redistributed, and land compensation fees will be evenly distributed to members of collective economic organizations.

2. Resettlement allowance

Resettlement subsidies are paid according to different resettlement methods. If the land-expropriated farmers are uniformly resettled by the land-expropriated units or other units, they shall be paid to the units responsible for resettlement; If there is no need for unified resettlement, all land-expropriated farmers will be paid.

3. Compensation for ground attachments and young crops

Compensation fees for ground attachments and young crops shall be paid in full to the owners of ground attachments and young crops.