Demolition compensation matters

Give compensation first, and then move after the compensation is reasonable. Article 27 of the third chapter of the new demolition regulations stipulates that the implementation of house expropriation should be compensated before demolition. After the people's government at the city or county level that made the decision on house expropriation compensated the expropriated person, the expropriated person shall complete the relocation within the relocation period agreed in the compensation agreement or determined in the compensation decision. No unit or individual may force the expropriated person to move by means of violence, threat or violation of regulations to interrupt water supply, heat supply, gas supply, power supply and road traffic. Construction units are prohibited from participating in relocation activities. In the old "Regulations on Expropriation and Compensation of Houses on State-owned Land", there was no corresponding provision in this area. In other words, under the new regulations, the government or developers can only implement the demolition behavior after all the compensation is in place, which is nothing more than the best answer for the majority of owners. The independent demolition mode advocates that both sides can get the maximum benefit on the premise of mutual benefit, but the difference is that the self-help demolition mode relies on the power of the public.

The second point of view

For the first time in history, incentives and subsidies for demolition were implemented. In Article 17 of Chapter III of the new regulations, the compensation given to the expropriated person by the people's government at the city or county level that decided to expropriate the house includes: (1) compensation for the value of the expropriated house; (two) relocation compensation and temporary resettlement caused by the expropriation of houses; (3) Compensation for losses caused by expropriation of houses. The people's governments at the city and county levels shall formulate measures for subsidies and incentives, and give subsidies and incentives to the expropriated people. Although there are relevant provisions in the old Regulations on Expropriation and Compensation of Houses on State-owned Land, they are not specific. In view of the fact that compensation is the core issue that all the parties concerned are concerned about, the new regulations explain this issue in detail, and the amount of compensation should be equal to or not less than the value of the house itself. Comprehensive factors should be considered before the compensation for the loss caused by demolition, and the specific details should be determined by the local government or autonomous region or municipality directly under the central government. In addition to the subsidies in Article 17, if the expropriated person's family is in difficulties, he can also enjoy the right of affordable housing first. The demolition behavior under the self-help demolition mode needs the joint consultation between the owner and the developer, and its ultimate goal is to meet the interests of both sides without damaging their interests.

The third view

The phenomenon of administrative forced demolition will be completely eradicated. Chapter III Article 28 If the expropriated person fails to apply for administrative reconsideration or bring an administrative lawsuit within the statutory time limit, and fails to move within the time limit stipulated by the compensation, the people's government at the city or county level that made the decision on house expropriation shall apply to the people's court for compulsory execution according to law. The application for compulsory execution shall be accompanied by the specific amount of compensation, the account number in the special account, the floor and area materials of the property exchange house and the turnover house. In the old Regulations on Expropriation and Compensation of Houses on State-owned Land, there are also provisions in Article 17. However, according to the old regulations, before the implementation of compulsory demolition, the demolisher should apply to the notary office for evidence preservation on matters related to the demolished house. Compared with the old demolition regulations, the new demolition regulations are more specific and humanized. The core point of self-help demolition mode is to completely oppose forced demolition, so the new regulations and self-help demolition mode complement each other.

The fourth view

Hearing can be held when the old city is demolished or rebuilt. Chapter II Decision on Expropriation Article 10 The house expropriation department shall formulate a compensation plan for expropriation and report it to the people's government of the city or county. The people's governments at the city and county levels shall organize relevant departments to demonstrate and publish the compensation scheme, and the time limit for soliciting opinions shall not be less than 30 days. In the old Regulations on Expropriation and Compensation of Houses on State-owned Land, there is no relevant provision on this piece. The task of self-help demolition mode is to let more rights holders brainstorm on a free platform, put forward their own opinions and suggestions, and finally make a summary to form a systematic thing to help more people.

No matter the promulgation and implementation of the new regulations or the service mode of self-help demolition, our ultimate goal is the same, to seek more welfare for the people, to accelerate the urbanization process on the basis of harmonious demolition, and finally to achieve rapid economic growth.

Compensation Policy for Demolition in Xiamen I. Compensation for Land Requisition (1) land acquisition compensation is calculated according to land compensation fee, resettlement fee, compensation fee for young crops and ground attachments, amortization fee for water conservancy facilities, etc. , and the contract is implemented, young crops and ground objects are no longer counted.

Land acquisition compensation must be earmarked for land acquisition compensation and resettlement, and shall not be used for other purposes.

(2) Land compensation is unified into one category: within the jurisdiction of jimei district.

(3) Land categories are divided into four categories:

The first category is agricultural land, including vegetable fields, paddy fields, dry land, fish ponds, reservoirs and other aquaculture water surfaces (including ploughing into ponds) and orchard land (including ploughing results);

The second category is woodland;

The third category is unused land, including wasteland and miscellaneous land;

The fourth category is collective construction land (land red line).

(four) the comprehensive standard of land compensation (the following compensation standard is the highest standard):

Agricultural land: 80,000 yuan/mu. If the land is delivered on schedule, the land-expropriated object will be rewarded with 8000 yuan/mu, and the reward will be paid to the rural collective economic organizations whose land is expropriated. However, if the expropriated land belongs to contracted land or private plots, it shall be paid in full to the expropriated villagers. Woodland: 35,000 yuan/mu; Unused land: 25,000 yuan/mu.

Shrimp ponds and fish ponds in Yantian and state-owned beaches will be compensated at a unified rate of 25,000 yuan/mu (including development expenses of 5,000 yuan/mu and young crops and aboveground objects of 20,000 yuan/mu).

Collective construction land, according to the "Xiamen collective land expropriation compensation and resettlement regulations" provisions of the standard implementation. Among them, the land used by legal village-run enterprises shall be compensated to the village collective economic organizations according to the 200 yuan per square meter.

(5) Payment of land compensation fees:

If the villagers' congress has made a decision and complies with the law, it shall be implemented in accordance with the decision; If the villagers' congress has not made a decision, it shall pay 70% of the land compensation fee (including the cost of handling endowment insurance) to the villagers whose land has been expropriated or quantify the shares to individuals; The remaining 30% compensation fee is mainly used for public welfare undertakings and village collective economic development, and the specific use is decided by the villagers' congress.

(six) the basis for determining the compensation standard for land acquisition:

1. Determination of the average annual output value in the first three years:

According to the data provided by Xiamen Municipal Bureau of Statistics, the average annual output value of agricultural land in Xiamen in the first three years was 2547 yuan/mu.

2. Land compensation standard:

(1) The land compensation fee for agricultural land (excluding forest land) is 20,000 yuan/mu.

(2) The compensation for forest land is 6,543,800 yuan+0,000 yuan/mu.

(3) The compensation for unused land is 5000 yuan/mu.

3, resettlement subsidy standard:

Agricultural land resettlement subsidy is calculated according to the number of agricultural population to be resettled. The number of agricultural population to be resettled shall be calculated according to the number of agricultural land requisitioned divided by the average number of agricultural land occupied by each land-expropriated unit before land requisition.

(1) The resettlement subsidy for agricultural land (except forest land) is 30,000 yuan/mu.

(2) The forest land resettlement subsidy is 6.5438+0.5 million yuan/mu.

(3) Unused land is not included in the resettlement subsidy.

4, young crops and ground buildings (structures) compensation standard:

(1) 30,000 yuan/mu of agricultural land;

(2) woodland 1 10,000 yuan/mu;

(3) The unused land is 20,000 yuan/mu. Two, about the rural collective land housing demolition (a) the demolition and resettlement compensation methods and standards.

The demolition of residential houses with collective land expropriation can be combined with property rights exchange and monetary compensation, or with property rights exchange and monetary compensation; Under special circumstances, in the planned reserved village, with the consent of the District People's Government and the approval of the Municipal People's Government, under the premise of unified planning, the compensation method of self-built homestead can also be adopted.

1, compensation standard for property right exchange and area calculation:

(1) If the per capita legal real estate area is less than 50 square meters, the real estate area shall be determined as 50 square meters. For the part with per capita less than 50 square meters, if the house has been built without legal examination and approval procedures, compensation and resettlement shall be made according to the property rights recognized by per capita 50 square meters; Unfinished, after paying the replacement price of brick-concrete residential buildings (Class I) in this area, compensation and resettlement will be made according to 50 square meters per capita. If the per capita area is less than 50 square meters, no decoration compensation will be given.

(2) Housing property rights exchange is based on "demolition and compensation", and the difference is not calculated. The total area of resettlement houses selected during the property right exchange is controlled according to the principle of exceeding the minimum area of houses to be demolished. Beyond the original property area, the purchase price shall be paid according to the market evaluation price of resettlement houses. The measures for evaluating the resettlement housing market shall refer to the relevant provisions of the Regulations of Xiamen Municipality on the Administration of Urban Housing Demolition.

2, the implementation of monetary compensation, 50 square meters per capita according to the average price of ordinary commercial housing in the last quarter of the neighboring houses, higher than the average sales price of regional residential commercial housing (excluding villas) in the last quarter according to the average sales price compensation; Per capita more than 50 square meters, according to the resettlement housing market assessment price compensation.

3, the demolition of people choose part of the implementation of property rights exchange, part of the implementation of monetary compensation, monetary compensation area shall not exceed the balance of the demolition of residential area minus the resettlement housing area, and the per capita shall not exceed 50 square meters.

4, batch of homestead self-built compensation standard:

If the houses requisitioned on collective land are approved to build their own homesteads, the demolished houses will be compensated according to the replacement price. The replacement price of the frame structure house is 595 yuan per square meter; The replacement price of brick-concrete structure houses is 5 10 yuan per square meter; The replacement price of other structural houses is 340 yuan per square meter. Determine the compensation standard and subsidy amount according to the housing structure and the new rate. The construction area of the newly approved homestead is controlled within 50 square meters per capita.

5. For the part that has been approved for construction according to law, but has not been completed before the announcement of land acquisition and demolition, when the property right is exchanged, the replacement price of the brick-concrete structure residence (Class I) in this area shall be paid; If monetary compensation is implemented, the replacement price of brick-concrete residential buildings (Class I) in this area shall be deducted.

6, the transfer or gift of residential housing on collective land, the transfer or gift of construction area should be included in the transferor or the donor's per capita housing area.

××× houses with clear property rights (including ancestral houses), the property area shall be calculated according to their respective shares. The residential area that has been relocated in the same village should be calculated together.

7. For the residence with legal examination and approval procedures, the decoration compensation shall be one-time compensation according to 280 yuan/m2.

8, where the timely handling of rural land housing warrants, housing demolition, giving 5000 yuan/household reward.

9. The per capita legal real estate area, within the scope of the administrative village to be demolished, is based on the permanent residence and the actual family members, belonging to "multi-family", and the approved legal area is calculated together, belonging to "multi-family and one house", and its population is calculated together.

(two) the demolition of houses without legal approval procedures will not be compensated. However, for the houses built before June 65438+February 1 2002, if they move by themselves within the specified relocation period, they can be given appropriate subsidies and rewards according to the following circumstances, and the following subsidy standards are the upper limit.

1. If the legally approved living area per capita is less than 50 square meters (including 50 square meters), on the basis of giving compensation and resettlement of 50 square meters per capita, the part without legal approval procedures will be 50 square meters per capita, and the built frame structure will be subsidized by 400 yuan, the brick-concrete structure will be subsidized by 350 yuan, the stone-wood structure (including decoration) will be subsidized by 300 yuan, and the unfinished part will be rewarded by 240 yuan.

2. If the legally approved living area per capita is more than 50 square meters and less than 100 square meters, the remaining legally approved living area will be deducted per capita 100 square meters, and the built frame structure, brick-concrete structure, stone-wood structure and unfinished part will be rewarded according to the above.

3. If the per capita legally approved residential housing construction area is above 100 square meters (including 100 square meters), the houses without legal examination and approval procedures will not be subsidized, nor will illegal construction be rewarded.

4. Where 12, 1, residential and non-residential buildings built after 2002 without legal examination and approval procedures shall be forcibly demolished without any subsidy, and shall be punished according to relevant regulations.

Confirmation that houses built after 65438+February 2002 1 have no legal examination and approval procedures: (1) District administrative law enforcement departments found and issued a notice to stop illegal construction; (2) In March 2003, there was no image on the satellite image map and topographic map of Fast Bird; (3) Being reported and verified after publicity; (4) Other surveying and mapping data that can be proved to be built after 65438+February 2002 1.

(3) Determination of the population of relocated households:

1, born in line with family planning, married, college students, active noncommissioned officers and conscripts, reeducation through labor and other normal households, should be included in the population of relocated households.

2. The registered permanent residence and new population recorded in the application form of homestead should be calculated together.

3, one of the following circumstances, shall not be included in the relocated households (people):

(1) relocated households (persons);

(2) Households (persons) who moved in after the cancellation of agricultural registered permanent residence on August 1 2003.

(3) the party and government organs and state-owned enterprises and institutions in the staff (including retirees), active military officers;

(4) empty accounts;

(5) Super family planning population;

(6) Members of non-collective economic organizations.

(IV) Principle of property right identification: those who hold the building procedures issued by the former Tongan County government, Xiamen Municipal Bureau of Land Resources and Real Estate Management or the former Jimei (Xinglin) District land management department or construction management department in the suburbs of Xiamen, and the valid house ownership certificate issued by the former jimei district town and township (commune) government that meets the renewal conditions for some reason, shall be identified according to the approved area indicated on the certificate. Three. Demolition of non-residential houses on collective land (1) If the demolition of non-residential houses on collective land meets one of the following conditions, compensation shall be given according to the replacement price of houses, and relocation subsidies shall be given to facilities and equipment according to market evaluation.

1, which has obtained the land and house ownership certificate;

2, has been issued by the municipal land management department of the "Xiamen township enterprises land permit";

3, has been issued by the municipal land management department of township enterprises land approval, red line map and construction permit issued by the planning and management department.

If the construction area is not indicated above, the plot ratio shall not be higher than1according to the actual construction area; The part whose plot ratio exceeds 1 will not be subsidized.

(two) the expropriation of collective land without legal approval procedures for the demolition of non residential housing, no compensation. However, if the following procedures have been completed and completed before 65438+February 1 2002, and the relocation is carried out by itself within the specified relocation period, relocation subsidies (including the relocation of facilities, equipment and means of production, etc.) can be given. ) According to the following criteria:

65438+

2. For other non-residential houses that can provide housing lease or enterprise tax payment certificate, the relocation allowance (including the above decoration allowance) shall be given to the frame structure houses at a rate not higher than 120 yuan per square meter, the brick-concrete structure houses at a rate not higher than 90 yuan per square meter, and other structure houses at a rate not higher than 70 yuan per square meter.

The above non-residential houses are calculated according to the actual construction area, and the plot ratio is not higher than1; The part whose plot ratio exceeds 1 will not be subsidized. Do not conform to this article 1, 2, no subsidy.

(three) the parties who use illegal means to defraud compensation or subsidies shall recover their illegal income and be investigated for legal responsibility according to law.

other

Compensation for collective land demolition

Simply put, the purpose of farmers' friends is not to deal with illegal and legal issues, but to obtain reasonable compensation. However, the skills and methods used to achieve this goal are: "You can't talk about remuneration. If the other party belongs to illegal land occupation or demolition, we must really compete on illegal issues and let the other party take the initiative to propose reasonable compensation, so as to achieve the purpose of obtaining reasonable compensation. " This is called "a diversion"!

If you still don't understand, look at the following explanation. If you don't understand after reading the explanation, then call.

legal provision

Nine times out of ten, land occupation and demolition in reality are illegal. In the case of violation of the law, there is no compensation standard, because the standard stipulated by law is the compensation standard under the premise of legal procedures. If there is no legal procedure, it is a question of not occupying land for demolition, not a question of how much compensation.

measure

For example, if someone wants to cut you, of course you have to refuse to stop him from cutting you, instead of asking him how much it costs to cut you. If it has been cut, we can't just talk about compensation, but about the illegality of his cutting. He should be investigated for criminal responsibility and then talk about compensation. Only in this way can the pressure be great and the effect be good. So it is a very important strategy for us to tell you this, which is related to the success or failure of safeguarding rights and whether you can get reasonable compensation.

Compensation should be made with reference to the price of new houses nearby.

"In the face of a compensation plan that is obviously lower than the market price, the court resolutely revoked the county government's decision on house expropriation and protected the legitimate rights and interests of the parties." Although two years have passed since the verdict, Wang Weizhou, director of Beijing Wandian Law Firm, still remembers the case of Kong Qingfeng v. surabaya county People's Government vividly. On April 6, 20 1 1, the surabaya county municipal government made a decision to expropriate the houses in Kong Qingfeng's residential area. Kong Qingfeng believed that the expropriation was illegal and took the county government to court in the case of administrative reconsideration. The plaintiff provided evidence to prove that there were obvious snow trails in the photos of the Draft for Comment on Compensation Scheme posted by the defendant, and the county meteorological bureau proved that it snowed in Surabaya on March 20th11,so the Draft for Comment was actually posted after the snowfall, and the consultation ended on March 2nd1,and the notice period was less than 30 days, which was illegal. The court held that there was snowfall in surabaya county from February to March that year, and the plaintiff's claim could not be proved only by the snow tracks in the photos and the memory of the parties concerned. In the court, the defendant pointed out that the county government conducted a social risk assessment and held a hearing on the housing expropriation compensation scheme to listen to the opinions of the masses. It also provides relevant materials and photos of the hearing. "This collection involves more than 900 households. Because the hearing was not widely publicized, the number of people attending the hearing was too small, and most of them were representatives of enterprises and institutions. The hearing result is unreasonable and unfair. " The plaintiff retorted. Wang Weizhou told reporters that the fundamental reason why the plaintiff can't accept this levy is that the compensation standard is too low. It is reported that the compensation plan stipulates that if monetary compensation is chosen, the preferential price compensation for resettlement houses will be exchanged according to the multi-storey property rights of the plot. If property rights are exchanged, the part of the resettlement house that exceeds the compensation area of the main house shall be funded by the expropriated person, and the settlement within 10 square meter shall be at the preferential price, and the settlement outside 10 square meter shall be at the market price; If the area of the main house is larger than that of the resettlement house, monetary compensation shall be given according to the standard that the preferential price of the resettlement house increases by 300 yuan per square meter. Wang Weizhou recalled that the preferential price of resettlement houses was about per square meter 1.300 yuan. At that time, they visited a number of new commercial housing sales offices near the resettlement houses and learned that the price of new commercial housing was about 3,500 yuan per square meter. "Kong Qingfeng's home covers an area of four or five hundred square meters. No matter what compensation scheme is chosen, the loss is very large and simply unacceptable. " The Regulations on Expropriation and Compensation of Houses on State-owned Land stipulates that the compensation for the value of houses to be expropriated shall not be lower than the market price of similar real estate houses on the day when the decision on house expropriation is announced. The court held that in order to meet the needs of public interests, the expropriation of houses of units and individuals on state-owned land should give fair compensation to the owners of the expropriated houses. The compensation for the expropriated house should refer to the price of the newly-built commercial house nearby, so that the living conditions and quality of life of the expropriated person will not be reduced after the house is expropriated. In this case, the preferential price is obviously lower than the market price, and the compensation price for the expropriated house is also obviously lower than the purchase price contributed by the expropriated person. The compensation scheme for the expropriated person is obviously unfair. In the end, the court decided to cancel the house expropriation decision made by the surabaya county municipal government. 50 yuan, the case acceptance fee, shall be borne by surabaya county municipal government.