Compensation standards for land occupation:
1. The requisition of cultivated land and vegetable land shall be calculated at six times the average annual output value of the land in the three years preceding the requisition (the same below) in accordance with the price policy stipulated by the state
p>2. Requisition of land such as fish ponds, lotus ponds, breeding farms, orchards, bamboo gardens, woodlands, etc. shall be calculated based on five times the annual output value of the land
3. Requisition of Chaishan, beach land, water Ponds, reed ponds and other profitable non-cultivated land will be calculated based on three times the annual output value of the land
4. The requisitioned homestead will be calculated based on the compensation standard for adjacent cultivated land. If the house is requisitioned, relocated and rebuilt by the construction unit, No compensation will be given for the original homestead site
5. Generally, no compensation will be given for expropriation of non-cultivated land with no profit.
Legal basis:
Article 47 of the "Land Management Law of the People's Republic of China" Where land is expropriated, compensation shall be provided according to the original purpose of the expropriated land. Compensation fees for farmland acquisition include land compensation fees, resettlement subsidies and compensation fees for ground attachments and young crops. The land compensation fee for the expropriation of cultivated land shall be six to ten times the average annual output value of the three years before the expropriation of the cultivated land. The resettlement subsidy for cultivated land acquisition shall be calculated based on the number of agricultural population to be resettled. The number of agricultural population to be resettled is calculated by dividing the amount of expropriated cultivated land by the average amount of cultivated land per person of the expropriated unit before land acquisition. The resettlement subsidy standard for each agricultural population that needs to be resettled is four to six times the average annual output value of the three years before the farmland is expropriated. However, the resettlement subsidy for each hectare of expropriated cultivated land shall not exceed fifteen times the average annual output value of the three years before expropriation. The standards for land compensation and resettlement subsidies for the acquisition of other land shall be stipulated by the provinces, autonomous regions, and municipalities with reference to the standards for land compensation and resettlement subsidies for the acquisition of cultivated land.
Legal analysis: Generally speaking, compensation policies for cultivated land occupied by wind power generation vary in different regions, so compensation should be determined based on local policies.
Legal basis: "Measures for the Strict Implementation of the Compensation System for Occupied Cultivated Land in the Xinjiang Uygur Autonomous Region"
Article 2 These Measures shall apply to supplementing cultivated land for non-agricultural construction within the administrative area of the autonomous region.
Article 3 When non-agricultural construction occupies approved cultivated land, in accordance with the principle of “cultivating as much as it occupies”, the unit occupying the cultivated land shall replenish cultivated land equivalent in quantity and quality to the occupied cultivated land.
When occupying cultivated land, the method of paying the cultivated land reclamation fee in advance shall be implemented. The payment standards for cultivated land reclamation fees shall be implemented in accordance with the "Notice on the Charge Standards for Land Management Administrative Services of the Autonomous Region's Land and Resources System" (New Price House [2001] No. 500) and relevant regulations.