If the compensation for land occupation or requisition is unreasonable, the land user can resolve it through legal channels. However, if it disrupts social order or disrupts the normal work and production of government agencies and units, it is an illegal act that violates public security management and can be punished by the public security organ. Security penalties.
Article 23 of the "Public Security Management Punishment Law" who commits any of the following acts shall be given a warning or fined not more than 200 yuan; if the circumstances are more serious, he shall be detained for not less than five days but not more than ten days, and may be concurrently detained A fine of not more than five hundred yuan shall be imposed:
(1) Disturbing the order of agencies, groups, enterprises, and institutions, causing work, production, business, medical care, teaching, and scientific research to be unable to proceed normally, without causing serious losses.
The methods for compensating farmers for land occupied by wind power generation are as follows:
1. The specific standards and amounts of various land acquisition compensation fees shall be stipulated in the land acquisition compensation and resettlement plan approved by the municipal and county governments in accordance with the law.
2. Determination of the average annual output value of the three years before the land is expropriated (relevant compensation standards for land compensation fees and resettlement subsidies): based on the annual statistical report of the most basic unit approved by the local statistics department and approved by the price department The unit price shall prevail.
3. If the land compensation fees and resettlement subsidies paid according to regulations are still unable to maintain the original living standards of the farmers who need to be resettled, the resettlement subsidies can be increased. The land management regulation that the total of the original land compensation fee and resettlement subsidy shall not exceed 30 times the average annual output value of the three years before the land is expropriated has been deleted from the Land Management Law.
4. When the government expropriates farmers’ land, there should be legal items, and reasonable compensation should be given to the expropriated people in accordance with legal procedures. Compensation should be given first, and then expropriated. Any expropriation behavior that violates the above basic principles is illegal expropriation. The expropriated persons may refuse to sign the land acquisition compensation and resettlement agreement and fight for their legal rights by applying for information disclosure, filing administrative reconsideration, administrative litigation, etc.
What are the land occupation compensation projects?
1. Land compensation fee is a kind of payment paid by the land-using unit to the rural collective economic organization whose land has been expropriated in accordance with the law because of the economic losses caused by the expropriation of the land. Economic compensation;
2. Green crop compensation fee, a kind of compensation fee paid by the land user to the units and individuals who planted the young crops when the young crops on the expropriated land were damaged due to land acquisition;
< p>3. Attachment compensation fee, a compensation fee paid by the land user to the owner of the acquired land for attachments such as houses and other facilities that were damaged due to land acquisition;4 , Resettlement subsidy, the compensation fee paid by the land-using unit to the land-expropriated unit to resettle the surplus labor force caused by land acquisition.
It can be seen from the above that the compensation for farmers occupying land occupied by wind power generation includes land compensation, young crop compensation, attachment compensation, and resettlement subsidies.
Legal basis:
Regulations on Expropriation and Compensation of Houses on State-Owned Land
Article 17
Making decisions on expropriation of houses The compensation provided by the people's governments at the city and county levels to the expropriated persons includes:
(1) Compensation for the value of the expropriated houses;
(2) Compensation for relocation and temporary resettlement caused by the expropriation of the houses;
(3) Compensation for the losses caused by the suspension of production and business due to the expropriation of the houses. compensate.
Regulations for the Implementation of the Land Management Law
Article 26
Land compensation fees belong to rural collective economic organizations; compensation fees for ground attachments and young crops Be owned by the owners of ground attachments and young crops;
If the people who need to be resettled are resettled by rural collective economic organizations, the resettlement subsidy will be paid to the rural collective economic organizations, which will be managed and used by the rural collective organizations; by other If the unit is resettled, the resettlement subsidy will be paid to the resettlement unit;
If unified resettlement is not required, the resettlement subsidy will be paid to the individual resettled person or used to pay for the insurance of the resettled person with the consent of the resettled person. cost.