Compensation standard for cemetery relocation
Lawyer's answer:
There is no uniform standard.
Lawyer's analysis:
About Graveyard Relocation compensation There is no unified standard, which needs to be determined according to the relevant regulations formulated by the local government. The general compensation standard is several thousand yuan. 1. The relocation of the graves of martyrs, religions and ethnic minorities shall be handled jointly with the departments of civil affairs and ethnic and religious affairs. 2. Double grave Compensation Increase the compensation standard by 60%. 3. If there are steles and other cemetery facilities in the tomb, 30% of the compensation standard will be increased. 4. Graves with marbles and marble exceeding the above standards shall be compensated according to the assessed value.
Legal basis:
Article 45 of the Land Administration Law of the People's Republic of China, in order to meet the needs of public interests, under any of the following circumstances, if it is really necessary to expropriate land owned by farmers' collectives, it can be expropriated according to law:
（1） Land needed for military and diplomatic purposes;
（2） Land is needed for infrastructure construction such as energy, transportation, water conservancy, communications and postal services organized and implemented by the government;
（3） Land is needed for public utilities such as science and technology, education, culture, health, sports, ecological environment and resource protection, disaster prevention and reduction, cultural relics protection, comprehensive community services, social welfare, municipal public use, preferential treatment and resettlement, and heroic martyr protection organized and implemented by the government;
（4） Land is needed for the construction of poverty alleviation relocation and affordable housing projects organized and implemented by the government;
（5） Within the scope of land for urban construction defined in the general plan for land use, land is needed for development and construction in large areas organized and implemented by local people's governments at or above the county level with the approval of the people's governments at or above the provincial level;
（6） Other circumstances where the law stipulates that the land collectively owned by farmers can be expropriated for the public interest.
The construction activities specified in the preceding paragraph shall conform to the national economic and social development plan, the general plan for land use, the urban and rural plan and the special plan; The construction activities specified in Items (4) and (5) shall also be incorporated into the annual plan for national economic and social development; The development of large areas as prescribed in Item (5) shall also meet the standards prescribed by the competent department of natural resources under the State Council.
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