How to Expropriate and Compensate Houses on Collective Land
I. Scope of application
These Measures shall apply to the housing expropriation and compensation of units and individuals whose villages in the city and the urban-rural fringe are expropriated as the original collective construction land on state-owned land, and rural collective economic organizations shall not readjust the homestead or collective construction land for the expropriated people.
Second, the legal basis
Articles 45 and 47 of the Land Management Law of the People's Republic of China stipulate that the state may expropriate collective construction land in accordance with the examination and approval authority and procedures, and give fair compensation to ground houses and attachments.
Third, the division of responsibilities and principles
1. The county land department is responsible for the expropriation and compensation of collective construction land and above-ground buildings, as well as the publicity and explanation of relevant policies on collective construction land expropriation, and the county construction department guides the expropriation and compensation of houses on collective construction land.
The local people's government shall specifically organize the expropriation, compensation, publicity and interpretation of collective construction land and ground buildings.
The local people's government may entrust a social organization with relevant technology or labor services in the house expropriation and compensation, and pay the technical and labor costs in accordance with the contract.
2, county finance, auditing, supervision and other departments, closely cooperate to ensure the smooth progress of housing expropriation and compensation.
3. Relevant preferential tax policies shall be implemented with reference to the provisions on house expropriation on state-owned land.
Four. Compensation and resettlement procedures
1, the county people's government set up the county land, construction, finance, auditing, supervision and other departments to participate in the expropriation and compensation leading group to guide the expropriation and compensation of collective construction land and above-ground buildings. The county state-owned land reserve center is responsible for raising compensation and resettlement funds and depositing them in the bank account. The county construction department shall review and report to the county people's government to start the compensation and resettlement procedures.
2. The local people's government shall be specifically responsible for the expropriation and compensation of collective construction land and ground buildings, as well as the publicity and interpretation work.
3. The county land administrative department shall determine the scope of house expropriation according to the relevant approval documents of government departments and the opinions on planning and site selection (or the notice on the planning and design conditions of construction land, with a red line map attached), and the expropriated person shall not build, expand, rebuild or enter the household. , should still be based on the original housing conditions and the nature of the use of compensation fees.
5. The local people's government organizes the investigation and registration, and publishes the investigation results in a timely manner.
6, the territorial people's government to develop housing compensation and resettlement program (including subsidies and incentives), reported to the people's government at the county level.
The contents of the housing compensation and resettlement plan shall include: the scope of housing expropriation, implementation time, basis of expropriation, resettlement method, determination principle and payment method of monetary compensation price of housing, area and location of houses with property rights exchange, principle of housing selection, relocation policy, transition mode and transition period of relocation, relocation and temporary resettlement cost standard, compensation standard and determination method of loss due to production and business suspension, signing period, calculation of housing compensation and resettlement cost, etc.
7. The territorial people's government will submit the fully demonstrated housing expropriation compensation scheme to the county land department, which will review it jointly with the relevant departments of county development and reform, construction, finance and auditing. The local people's government will publish the audited compensation and resettlement plan for public comments. The time for soliciting public opinions shall not be less than 30 days.
8. The local people's government announced the solicitation of opinions and the revision according to public opinions.
9. The local people's government shall, within 7 days after the expiration of the period for soliciting opinions on the housing expropriation compensation scheme, complete the social stability risk assessment report in accordance with the relevant provisions and report it to the county-level land department for the record.
10, before the local people's government makes the announcement of the house expropriation decision, it shall submit the following relevant materials of the house expropriation decision to the county land department for review:
(1) approval document of the development and reform department for the construction project;
(2) Pre-examination opinions on land use for construction projects issued by the land department;
(three) the construction project planning plan or single building plan approved by the planning department;
(4) the approved compensation scheme and the written documents of feedback, scheme modification and publication of the expropriated person;
(5) Approval documents for filing the social stability risk assessment report;
(six) the supervision agreement and the receipt and storage certificate of compensation funds;
(seven) other materials that need to be reported.
1 1, the county land department organized the county development and reform, construction, finance, auditing and other relevant departments to review and give a reply. After approval, the local people's government issued a notice of house expropriation with the consent of the county government, and attached the approved housing compensation and resettlement plan. The decision of the county land department to requisition collective land shall be announced at the same time.
12, housing compensation and resettlement funds should be earmarked for housing compensation and resettlement, and shall not be used for other purposes.
The local people's government is responsible for the unified management and settlement of housing compensation and resettlement funds under the supervision of auditing, finance and supervision departments.
13, the expropriated person chooses the real estate price appraisal agency through consultation; If negotiation fails, the county construction department will recommend 3 real estate price assessment agencies with corresponding qualifications among the registered assessment agencies, which will be determined by public lottery. The local people's government shall announce the time and place of drawing lots within 5 days before drawing lots. The lottery process and results shall be notarized by the notary organ on the spot.
14. The real estate price appraisal agency independently, objectively and fairly evaluates the value of the purchased house according to the Code for Real Estate Appraisal (GB/T50291-kloc-0/999), and no unit or individual may interfere. If you have any objection, you can apply for review and evaluation. If you have any objection to the review results, you can apply for appraisal.
15. The expropriated person chooses the compensation and resettlement method, which can be monetary compensation or house property right exchange.
16. The local people's government and the expropriated person signed an agreement on housing compensation and resettlement. The contents of the agreement include compensation method, compensation amount and payment period, location and area of the property right exchange house, relocation expenses, temporary resettlement expenses or revolving house, loss of production and business suspension, relocation period, transition mode and transition period, liability for breach of contract, ways to resolve disputes, etc.
17. The local people's government pays the house compensation price, relocation fee, temporary resettlement fee or revolving house to the expropriated person; If losses are caused by the suspension of production or business, the loss fee for suspension of production or business shall be paid. The expropriated person completes the relocation within the relocation period agreed in the agreement.
18. After the signing of the compensation and resettlement agreement, if one party fails to perform the obligations stipulated in the agreement, the other party may bring a lawsuit or arbitration according to law (as stipulated in the contract).
19, the local people's government shall establish the archives of house expropriation and compensation, and publish the household compensation to the expropriated person within the scope of house expropriation.
20. The demolition of houses to be expropriated shall be organized by the local people's government.
Verb (short for verb) others
1. After the expropriated person's house is expropriated, whether there is a house elsewhere or not, if the expropriated person chooses monetary compensation or property right exchange at the original site, it shall be evaluated according to the principle of the same house and the same price and the market price of similar real estate expropriated on state-owned land. Rural collective economic organizations shall not readjust and arrange the expropriated person's homestead, or if there is a house elsewhere but no house has been built, the expropriated person must give up the homestead.
After the house of the expropriated person is expropriated, there are homesteads in other places that have not yet been built or rural collective economic organizations can readjust and arrange the homestead for the expropriated person, that is, if the expropriated person moves and resettles, the compensation for the expropriated house on collective land will be merged into new compensation according to the replacement price of the house. Housing replacement price according to the relevant provisions of the county people's government.
2. Where the expropriated person moves and resettles, the expropriated person shall provide the land for relocation and resettlement in accordance with the relevant provisions of the county people's government and the compensation and resettlement area of the expropriated house, and the territorial people's government or the rural collective economic organization shall be responsible for the water supply, power supply, access, leveling the site or paying the corresponding construction costs for the relocation land; According to the relevant regulations, the expropriated person shall go through the formalities for examination and approval of land acquisition, demolition and building.
3, collective construction land expropriation standards in accordance with the relevant provisions of Jiangsu province.