Legal analysis: if photovoltaic energy production can use unused land, it must not occupy agricultural land; if it can use poor land, it should not occupy good land;
Legal basis: "Notice of the Ministry of Land and Resources, the Poverty Alleviation Office of the State Council and the National Energy Administration on Supporting Poverty Reduction photovoltaic poverty and land use regulation for photovoltaic power generation industry" 1. General requirements that all localities must comply with based on the national photovoltaic industry development plan and the actual situation of the region. Accelerate the preparation of photovoltaic power generation plans in the region and rationally organize photovoltaic power generation construction projects. Pho energy production planningtovoltaic must comply with the overall land use plan and other relevant plans. If unused land can be used, agricultural land should not be occupied; if inferior land can be used, good land should not be occupied. It is prohibited to occupy permanent basic agricultural land in any manner and it is strictly prohibited to develop photovoltaic power generation projects in areas expressly prohibited by relevant national laws, regulations and plans.
The compensation standard for the demolition of photovoltaic power generation includes compensation for the value of expropriated houses and losses caused by the suspension of production and business due to of the expropriation of houses. Thus, in the event of demolition, users who have installed photovoltaic plants can receive ae compensation for the value of the photovoltaic installation itself and compensation for the total income from photovoltaic energy production over the next few years.
The compensation standards for land acquisition for photovoltaic energy production are as follows:
1. Compensation standards for the acquisition of cultivated land. The average compensation for drylands is 53,000 yuan per mu. The average compensation for rice fields is 90,000 yuan per mu. The average compensation for vegetable fields is 150,000 yuan per mu
2. Compensation standard for expropriation of basic agricultural land. The average compensation for dry fields is 58,000 yuan per mu. The average compensation for rice fields is 99,000 yuan per mu. The average compensation for vegetable fields is 156,000 yuan per mu
3. Average compensation for land expropriationfarmland and other agricultural land is 138,000 yuan per mu
4. of industrial and mining construction land The average compensation for collective construction land such as villagers' residences and roads is 136,000 yuan per mu
5 The average compensation for expropriation of unused land, barren mountain land, wasteland, waste land, barren ditches and unused land are 2 per mu.
What is the process for claiming compensation for business demolition?
The process for claiming compensation for business demolition is next:
1 . Construction unit applies for housing demolition compensation permit;
2. The House Demolition Management Department issues a demolition permit;
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4. The demolisher gives written notice Informing the owners of the houses in the context of the demolition
5. THEdemolished persons should inquire with the house demolition management department about compensation methods and amounts, resettlement housing area, resettlement location and resettlement transition methods;
6. The demolisher signs a demolition and resettlement compensation agreement with the demolished person and the tenant, agrees on the method and amount of compensation, resettlement housing area; and the resettlement location, resettlement period, resettlement transition method and transition period, etc., and reach an agreement Automatic execution: the demolition worker pays the money and the demolished person hands over the house.
In summary, the editor has made a decision on the compensation standards in the event of expropriation of land for photovoltaic energy production.Related answers, I hope they can help you
Legal basis:
Article 47 of the “Land Management Law of the People's Republic of China”< p> When the state requisitions land, after approval in accordance with legal procedures, the local people's government at the county level or above must announce it and organize its implementation.
If the local people's government at or above the county level plans to apply for land expropriation, it will conduct an investigation of the current situation of the land to be expropriated and a risk assessment for social stability, and shall include the extent of the expropriation, the current status of the land, the purpose of the expropriation, compensation standards, resettlement methods and guarantees of social stability, etc. must be announced within the commune (town), village and group of villagers where the land must be expropriated for at least. 30 days, and notices from the rural collective economic organization whose land will beexpropriated and its members, village committees and other stakeholders will be heard.
If the majority of members of rural collective economic organizations whose lands have been expropriated believe that the compensation and resettlement plan for the acquisition of land does not comply with the provisions of laws and regulations , the local people's government at or above the county level will organize a hearing and conduct a hearing in accordance with the provisions of laws and regulations, and the hearing plan will be amended as necessary.
The owner and user of the land to be expropriated must register to obtain compensation within the time limit specified in the announcement with proof of real estate ownership. Local people's governments at or above the county level should organize relevant departments to calculate and implement relevant expenditures, ensure that the amount is fully paid.yé and sign agreements with the owners and holders of use rights of the land to be expropriated on compensation, resettlement, etc. .; if it is indeed difficult to reach an agreement on an individual basis, they should ask to be honest when expropriating land.
Only after the relevant preliminary works are completed can the local people's government at or above the county level apply for land expropriation.