Regulations of Zhuzhou Municipality on Measures for the Implementation of House Expropriation and Compensation on State-owned Land
Article 2 These Measures shall apply to the expropriation of houses of units and individuals on state-owned land within the administrative area of this Municipality.
Article 3 Zhuzhou Municipal People's Government is responsible for the expropriation and compensation of houses on state-owned land within the administrative areas of Tianyuan District, Lusong District, Hetang District, Shifeng District (hereinafter referred to as the four urban areas) and Yunlong Demonstration Zone, and is responsible for supervising the expropriation and compensation of houses in counties (cities).
Article 4 Zhuzhou Real Estate Management Bureau is the house expropriation department on the state-owned land within the four administrative areas of our city, responsible for organizing and implementing the house expropriation and compensation work on the state-owned land within the four administrative areas of our city, and guiding and supervising the house expropriation and compensation work organized and implemented by the county (city) expropriation department.
The land construction institution of Yunlong Demonstration Zone is responsible for organizing the implementation of the house expropriation and compensation on the state-owned land in Yunlong Demonstration Zone.
Zhuzhou City Real Estate Management Bureau has a Zhuzhou City House Expropriation Office on State-owned Land, which is responsible for the daily work of house expropriation and compensation on state-owned land within the administrative area of four districts in the city. House Expropriation on State-owned Land in Zhuzhou City Houses expropriation centers have been set up in four districts of our city to undertake the specific work of house expropriation and compensation on state-owned land in each district.
Article 5 The county (city) people's government is responsible for the expropriation and compensation of houses on state-owned land within its administrative area, and the county (city) real estate administrative department is the local house expropriation department on state-owned land, and is responsible for organizing and implementing the expropriation and compensation of houses on state-owned land within its administrative area.
Article 6 The people's governments of all districts shall strengthen the coordination and organization of house expropriation and compensation within their respective administrative areas, and timely build and raise houses for property right exchange and resettlement according to the actual situation of house expropriation within their respective jurisdictions.
Seventh development and reform, planning, land, construction, finance, industry and commerce, taxation and other departments should cooperate with their respective responsibilities to do a good job in housing expropriation and compensation.
Article 8 In order to meet the needs of public interests, the expropriation of houses of units and individuals on state-owned land shall comply with the provisions of Articles 8 and 9 of the Regulations.
Development and reform, planning, land and other departments shall, according to their respective responsibilities, determine the scope of the proposed expropriation, review whether the construction activities within the scope of the proposed expropriation comply with the provisions of Article 9 of the Regulations, and issue written opinions, which shall be submitted to the municipal and county (city) people's governments for decision.
Article 9 After the scope of expropriation is determined, the county and urban people's governments shall, within 30 days, organize the planning, land and housing expropriation departments to investigate, identify and deal with unregistered buildings within the scope of expropriation according to law.
Article 10 The house expropriation department shall organize investigation and registration on the ownership, location, use and construction area of houses within the scope of expropriation, announce the investigation results to the expropriated person in time, and draw up a compensation plan for expropriation according to the investigation and registration.
Eleventh by the housing levy department led the organization of development and reform, planning, land and resources, finance, construction, stability and other departments, to study and demonstrate the compensation scheme, and the revised and improved scheme will be reported to the government at the same level for examination and publication, and publicly solicit public opinions. The time for soliciting opinions shall not be less than 30 days.
After soliciting public opinions, the house expropriation department shall summarize the opinions solicited and the amendments made according to the public opinions, and report them to the government at the same level for timely publication. Because of the need to expropriate houses due to the transformation of the old city, if more than half of the expropriated people think that the expropriation compensation scheme does not conform to the provisions of the Regulations, they shall report to the government at the same level for organizing a hearing attended by the expropriated people and public representatives, and modify the scheme according to the hearing.
Twelfth housing expropriation departments shall conduct social stability risk assessment in accordance with the relevant provisions before reporting to the government to make a decision on expropriation; If the number of people involved in the house expropriation decision reaches more than 500, it shall be submitted to the executive meeting of the government at the corresponding level for discussion and decision.
Article 13 Before the house expropriation decision is made, the expropriation compensation fee shall be paid in full and deposited into the special account for expropriation compensation fee set up by the expropriation department, and the special fund shall be used for expropriation compensation.
Article 14 After the government makes a decision on expropriation, the house expropriation department shall promptly publish a list within the scope of expropriation.
If the expropriated person disagrees with the expropriation decision, he may apply for administrative reconsideration to the people's government at a higher level within 60 days from the date of the announcement of the expropriation decision, or bring an administrative lawsuit within 3 months.
Fifteenth after the announcement of the house expropriation decision, the house expropriation department shall also notify the relevant departments in writing to suspend the relevant procedures for building, expanding, rebuilding houses and changing the use of houses within the scope of expropriation.
Article 16 The expropriated person shall, within 7 days after the announcement of the expropriation decision, negotiate and select an assessment agency with corresponding qualifications; If the negotiation fails, the collection department shall organize the expropriated person to determine the evaluation institution according to the principle that the minority is subordinate to the majority, or adopt random methods such as drawing lots and shaking numbers, and the evaluation institution shall evaluate the value of the expropriated house in accordance with the relevant evaluation regulations. The evaluation results shall be publicized within the scope of collection. After the expiration of the publicity period, the evaluation institution shall submit the overall evaluation report and the household evaluation report to the house expropriation department. The house expropriation department shall forward the household assessment report to the expropriated person.
If the expropriated person or the house expropriation department disagrees with the evaluation results, it shall apply to the real estate price appraisal agency for review and evaluation within 10 days from the date of receiving the evaluation report. If there is any objection to the review result, it shall apply to the real estate appraisal expert committee for appraisal within 10 days from the date of receiving the review result.
Article 17 The house expropriation department and the expropriated person shall, in accordance with the relevant provisions of the Regulations, conclude a compensation agreement on matters such as compensation method, compensation amount and payment period, location and area of the house with property right exchange, relocation fee, temporary resettlement fee or revolving house, loss of production or business suspension, relocation period, transition mode and transition period.
After the conclusion of the compensation agreement, if one party fails to perform the obligations stipulated in the compensation agreement, the other party may bring a lawsuit or apply for arbitration according to law.
Article 18 If the house expropriation department and the expropriated person fail to reach a compensation agreement within the signing period determined by the expropriation compensation scheme, or the owner of the expropriated house is unknown, the house expropriation department shall report to the people's government of the city or county (city) that made the decision on house expropriation to make a compensation decision.
If the expropriated person refuses to accept the compensation decision, he may apply for administrative reconsideration to the people's government at a higher level within 60 days from the date when the compensation decision is served, or bring an administrative lawsuit according to law.
Nineteenth expropriated people do not apply for administrative reconsideration or bring an administrative lawsuit within the statutory time limit, and do not move within the time limit stipulated in the compensation decision, the city and county (city) people's government shall apply to the people's court for compulsory execution according to law.
Article 20 The staff of the people's governments at the city and county levels and relevant departments shall strictly perform their duties as stipulated in the Regulations in the work of house expropriation and compensation, and carry out the work of expropriation and compensation in accordance with the provisions of these Measures, and it is strictly forbidden to abuse their powers, neglect their duties or engage in malpractices for selfish ends; It is strictly forbidden to take illegal measures such as interrupting water supply, heating, gas supply, power supply and road traffic in violation of regulations to force the expropriated person to move; It is strictly prohibited to embezzle, misappropriate, privately divide, intercept or default in collecting compensation fees; It is strictly forbidden for real estate appraisal institutions or real estate appraisers to issue false or seriously wrong appraisal reports. In violation of the provisions, shall be investigated for responsibility according to law.
Twenty-first "Regulations" before the implementation of the housing demolition permit has been obtained in accordance with the law, in addition to the compulsory demolition shall apply to the people's court, others continue to use the original provisions.
New projects started after the implementation of the Regulations shall be implemented in strict accordance with the provisions of the Regulations. Before the promulgation of the Implementation Rules in our province, the relevant compensation standards for housing expropriation were implemented with reference to the Implementation Measures for the Management of Urban Housing Demolition in Zhuzhou City (Zhu [2010] No.38).
Article 22 These Measures shall come into force as of the date of promulgation.