Compensation for damage to land in construction safety corridor

Fri, 26 Feb 2021 16:56:00  |  Print  |  Email   Share:

On the land plot of Mr. Tran Manh Vu (in Dak Lak Province), there is a project of 110 kV power lines passing through. Mr. Vu would like to ask, will his family be compensated? Mr. Vu's land is agricultural land, has been issued a red book, is currently cultivating short-term crops, and has a fish pond.

Regarding the question citizens asked, the General Department of Land Management, the Ministry of Natural Resources and Environment answers as follows:

In Article 94 of the 2013 Land Law:

“Article 94. Compensation for land within safety corridors upon construction of facilities with safety corridors

When the State builds public, national defense or security facilities with safety corridors without recovering the land located within the safety corridors, the land users are entitled to compensation for the damage caused by limited land use and for the damage to land-attached assets in accordance with the Government’s regulations.”

In Article 10 of the Government's Decree No. 47/2014 / ND-CP dated May 15, 2014, providing for compensation, support and resettlement when the State recovers land, stipulates:

“Article 10. Compensation for losses due to restricted use of land, losses caused to land-linked properties with respect to land in safety corridors upon construction of public works with safety corridors

Compensation for losses due to restricted use of land, losses to land-linked properties with respect to land in safety corridor upon construction of works with safety corridors as defined in Article 94 of the Law on Land is done as follows:

1. In case of change of land use purpose:

a) For changes in land use purpose from inhabited land to non-agricultural land or from inhabited land to agricultural land, compensation for losses shall be determined as follows:

Tbt = (G1 – G2)xS

Where:

Tbt: Amount of compensation;

G1: Average price of inhabited land per square meter;

G2: Average price of non-agricultural land or agricultural land per square meter;

S: Area of land subject to change of land use purpose:

b) For changes in land use purpose from non-agricultural land to agricultural land, compensation for losses shall be determined as follows:

Tbt = (G3 – G4)xS

Where:

Tbt: Amount of compensation;

G2: Average price of non-agricultural land per square meter;

G4: Average price of agricultural land per square meter;

S: Area of land subject to change of land use purpose:

2. In case land use purpose is unchanged but use of land is restricted, compensation for losses shall be decided by the province-level People’s committee based on actual circumstances in the locality.

3. For land-linked houses, works and properties within safety corridors suffering losses caused by site clearance, compensation shall be made according to level of loss determined.

4. When safety corridors occupy more than 70% of the land with houses and works thereon, the remaining area shall be considered for compensation according to the provisions set out in Clauses 1, 2 of this Article.

5. For land situated within a safety corridor and displaced by the construction of public works with safety corridors, households and individuals as users thereof shall be granted resettlement housing, compensation for movement and support for living and production stabilization”.

In addition, the specific regulations on compensation and support for houses, structures, land and trees in the safety corridor of overhead power line have been specified in Decree 14/2014 / ND- CP dated February 26, 14 of the Government promulgating detailed regulations for the implementation of the Electricity Law on-grid safety.

Mr. Vu have to study and contact the Provincial People's Committee where the land is located for guidance and direction to settle according to regulations.

 

By: Online Newspaper of the Government / Translator: HaiYen-Bizic

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