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What is the compensation standard for rural homestead housing

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What is the compensation standard for rural homestead housing


        

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  • 2024-06-06 06:00:49

    The compensation price of homestead location is generally determined by the people's government of the district and county with reference to the average price of ordinary commercial housing in a certain time and a certain area, urban planning and other comprehensive actual conditions; The area of homestead identified in demolition shall be legally approved and shall not exceed the control standard. Homestead is the collective construction land used by rural villagers to build houses and ancillary facilities, including housing, ancillary houses and courtyards, which belongs to (collective) construction land in terms of land management.

    The right to use homestead refers to the usufructuary right of rural villagers to build and maintain houses and their ancillary facilities on collectively owned land according to law. The right to use homestead has the following characteristics. The subject of the right to use homestead has specificity, which is limited to rural residents in principle. The object of the right to use homestead is specific and limited to collectively owned land.

    The content of the right to use homestead is specific, which is limited to building and maintaining individual houses and their ancillary facilities according to law. The initial acquisition of the right to use homestead is free. The right to use homestead is a kind of right with social welfare nature, which is obtained and used free of charge by members of collective economic organizations. There is no time limit for the right to use homestead. The current law does not have restrictive provisions on the term of the right to use homestead, and the right to use homestead will not be extinguished when the term expires.

    Therefore, the right to use homestead is a usufruct without limitation on the term of use. The right to use homestead is to build houses and ancillary facilities on collective land, while the right to land contractual management is to engage in agricultural production and operation activities on collective land. There is no time limit for the right to use homestead, but there is a time limit for the right to contracted management of land. If the contract is not continued after the expiration of the contract period, the right to contracted management of land shall be extinguished.

    [Legal Basis]

    In Article 55 of the Law of the People's Republic of China on the Promotion of Rural Revitalization, the state promotes the formation of a human resources market featuring equal competition, standardization and order, and urban and rural unity, and improves the public employment and entrepreneurship service system featuring equal urban and rural areas. The local people's governments at or above the county level shall take measures to promote farmers who have stable employment and life in cities and towns to voluntarily and orderly settle down in cities and towns, and may not take withdrawal of the right to land contractual management, the right to use house sites, and the right to distribute collective income as conditions for farmers to settle down in cities and towns; Promote farmers who have obtained residence permits and their accompanying families to enjoy basic urban public services. The state encourages social capital to develop projects linked to the interests of farmers in rural areas, and encourages urban residents to travel to rural areas for tourism, leisure and vacation, health care and old-age care. However, it must not damage the rural ecological environment, or damage the legitimate rights and interests of rural collective economic organizations and their members.

    I***

    2024-06-06 06:00:49

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