With the continuous advancement of urbanization, land acquisition and demolition is an indispensable development path. However, many of our friends who have been expropriated or demolished do not know much about the standards or methods of resettlement compensation, such as whether the land-expropriated farmers have the right to choose the compensation and resettlement method, which is also the issue that our people are most concerned about. Then the following is byShi Xining, director of Beijing Jingkang Law Firm, co-director of the Institute of Property Rights and Land System of Northwest University of Political Science and Law, and distinguished professor of the School of Law of Northwest University of Political Science and Law, came hereLet's talk to everyone.
Lawyer's interpretation
First of all, when encountering land acquisition and demolition, ordinary people have the right to choose monetary compensation and house property rights exchange. There are three main points:
1.Collective land expropriation has the right to choose monetary compensation, property rights exchange, and land resettlement
First of all, according to the clear provisions of China's "Land Management Law", the compensation standards for the expropriation of land other than agricultural land, above-ground attachments and seedlings shall be in accordance with the principle of compensation before relocation, and improvement of living conditions, respect the wishes of rural villagers, and compensate them by rearranging homestead land construction, providing resettlement housing or monetary compensation, so as to protect the rights of rural villagers to live and their legitimate rights and interests in housing property. Obviously, the expropriation of rural villagers' houses can be fair and reasonable compensation in the form of rearranging homestead land for construction, providing resettlement housing, or monetary compensation.
Secondly, if the people choose monetary compensation, in principle, it cannot be lower than the original living standard of the people.
If the common people choose to replace property rights, that is, they choose resettlement housing, generally speaking, they should be carried out in accordance with the principle of demolishing one and returning one.
2.Those who expropriate houses on state-owned land have the right to choose monetary compensation and exchange of property rights
According to the Regulations on the Expropriation and Compensation of Houses on State-owned Land, the expropriated person can choose monetary compensation or the exchange of property rights.
If the expropriated person chooses monetary compensation, the value of the house on the state-owned land shall not be lower than the market of similar real estate of the expropriated house on the date of the announcement of the expropriation decision**. The specific compensation needs to be assessed and determined by the assessment agency.
If the expropriated person chooses to exchange the property rights of the house, the people at the city and county levels shall provide the house for the exchange of property rights, and calculate and settle the difference between the value of the expropriated house and the value of the house used for the exchange of property rights with the expropriated person.
If the expropriated person chooses to exchange the property rights of the house in the renovated area due to the expropriation of individual residences due to the reconstruction of the old urban area, the people at the city and county level who make the decision to expropriate the housing shall provide the houses in the renovated lot or the nearest lot.
3.Typical cases of the Supreme People's Court
According to the 2014 Supreme People's Court issued by the Supreme People's Court in the case of He v. Huai'an City, Huaiyin District People's ** Housing Expropriation Compensation Decision, it can be seen that the defendant directly issued an expropriation compensation decision without reaching a compensation agreement with the plaintiff, and the content of the compensation decision forced the plaintiff to compensate for monetary compensation, and did not allow the plaintiff to choose other resettlement compensation methods.
To sum up, without violating laws and regulations and violating the principle of expropriation, it is necessary to protect the legitimate rights and interests of the expropriated, and the people cannot be allowed to become poorer and poorer.
Director Shi reminded
Demolition and relocation is a long-term struggle that requires comprehensive professional knowledge, control of the overall situation, and rational application of the law. Even a lawyer with many years of litigation experience is constantly learning and Xi in order to calmly analyze and make correct judgments in a case. And for non-law-abiding people, this is a huge subject that cannot be achieved by just a short period of time. Therefore, when encountering any demolition problems, you may wish to ask a lawyer and carry out professional rights protection under the guidance of a lawyer.