How to compensate for houses built in rural orchards: policy interpretation and case analysis
In recent years, with the acceleration of urban-rural integration, rural land expropriation and house demolition have attracted much attention. Among them, building houses in orchards involves the dual nature of agricultural land and construction land, so the compensation standards are more complicated. This article combines the hot topics and policy developments on the Internet in the past 10 days to sort out the key points of compensation for housing construction in rural orchards.
1. Legal basis for compensation for house construction in Orchard
According to the "Land Management Law", "Urban and Rural Planning Law" and other regulations, houses built in orchards must meet the following conditions in order to obtain legal compensation:
| condition type | Specific requirements | Legal terms |
|---|---|---|
| Nature of land use | Requires approval procedures for agricultural land conversion | Article 44 of the Land Management Law |
| construction permit | Obtain rural construction planning permit | Article 41 of the Urban and Rural Planning Law |
| Proof of ownership | Provide legal property rights documents | Article 2 of the Real Estate Registration Ordinance |
2. Core elements of compensation standards
According to the latest compensation plans for 2023 in many places, compensation for orchard house construction mainly includes the following items:
| Compensation items | Calculation method | Example standards (taking an eastern province as an example) |
|---|---|---|
| Housing compensation | Reset to new price × building area | Brick-concrete structure 1200-1800 yuan/㎡ |
| Fruit tree compensation | Compensation graded according to tree species and tree age | Apple trees in peak fruiting period cost 500-800 yuan/tree |
| Land compensation fee | Average output value in the previous three years × multiple | 6-10 times for cultivated land and 8-12 times for orchards |
| relocation allowance | Calculated by population or building area | 2,000 yuan/person + 10 yuan/㎡ |
3. Recent hot controversial cases
1.Shandong Linyi Case (2023.10): A farmer’s construction of a nursing home in a contracted orchard was deemed illegal, and he eventually received 70% compensation through administrative litigation, highlighting the importance of complete procedures.
2.Case of Chengdu, Sichuan (2023.09): When the government introduced a project to expropriate orchards, it did not distinguish between the compensation standards for commercial trees and ordinary trees, which triggered group petitions. After consultation, the compensation was increased by 32%.
4. Notes on rights protection
1.evidence preservation: House building approval documents, orchard contract contracts, fruit tree planting records, etc. must be kept completely
2.Assessment review: If you have any objection to the government assessment results, you can apply for re-evaluation by a third-party agency
3.Negotiation skills: Focus on easily controversial points such as land compensation multiples and fruit tree compensation levels.
5. New policy trends in 2023
1. The Ministry of Natural Resources plans to implement"Orchard Building Classification and Disposal"policy to provide higher compensation rates for nursing homes that meet agricultural facility land standards.
2. Pilot projects in multiple places"Fruit Tree Compensation Insurance"Mechanism to include economic forests into the scope of policy agricultural insurance
3. The Supreme People’s Court issued guidelines clarifying"Historically formed orchard housing"Factors such as actual service life should be comprehensively considered during demolition.
Conclusion:Compensation for building houses in rural orchards needs to comprehensively consider multiple factors such as the nature of the land, the legality of the construction, and the value of the fruit trees. It is recommended that farmers understand local compensation rules in advance and seek professional legal help when necessary to safeguard their legitimate rights and interests.
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