Reading guide:In China's rural areas, the main difference between land expropriation and land expropriation is whether the ownership of land has changed. It is worth noting that both land expropriation and land expropriation must be carried out in strict accordance with the law for the purpose of public interest, and reasonable compensation must be given. Land expropriation and land expropriation that is not based on the needs of the public interest and not in accordance with legal procedures are illegal.
The difference between land expropriation and land expropriation is a thousand miles. Recently, the two concepts of "land expropriation" and "land expropriation" are often mixed in some documents and news, mainly because most people have a vague understanding in practice, believing that there is no substantive difference between the two, but only different expressions.
In fact, there are similarities and differences between the two, and the compensation for land expropriation and land expropriation is often very different.
Facts of the case:
At about 22 o'clock on August 7, 2010, a sudden rainstorm fell in a place in Gansu, forming a flood peak, and the rock mass collapsed and landslided, triggering a huge debris flow disaster. Due to the damage of some road sections, it is difficult for disaster relief materials to be delivered to the affected areas in a short time, and the city's first disaster relief department requisitioned the materials of a large supermarket to meet the demand for drinking water, food and other disaster relief materials in the disaster area in a short time.
In addition, due to the destruction of the houses of farmers in the lower areas, the Disaster Relief Headquarters also requisitioned the courtyards and vacant land of the farmers in the upper safety areas to temporarily set up tents and house people who had nowhere to live. The supermarket owner and other farmers do not know much about the nature of this expropriation of **, and only know that when ** expropriated land to build roads in the past, the land expropriation will not be returned.
So, what is the difference between expropriation and expropriationWhether the requisitioned items have been used by the victims of the disasterYesReturn itWhat should be done if the requisitioned consumables cannot be returned after they are used, resulting in the loss of property
There is a difference between expropriation and expropriation.
1. Expropriation refers to a kind of political act in which the state compulsorily uses the property of the other party in accordance with legal procedures for the needs of the public interest.
The law stipulates that the immovable or movable property of units or individuals may be requisitioned in accordance with the authority and procedures prescribed by law for emergency rescue and disaster relief. After the expropriated immovable or movable property is used, it shall be returned to the expropriated person. Where the immovable or movable property of a unit or individual is requisitioned or damaged or lost after requisition, compensation shall be given.
In this case, due to the occurrence of a natural disaster, it was necessary to requisition drinking water, food and other materials from the society to carry out rescue, and the ownership of the requisitioned goods remained unchanged and still belonged to the supermarket owner, and the requisitioned courtyard land use rights were still owned by the farmers, and the requisitioned materials should be returned after they were used. If the requisitioned consumables cannot be returned after they have been used, they shall be compensated accordingly for the losses suffered during the requisition.
2. Expropriation refers to the administrative act of the state to collect the property of units and individuals into the possession of the state in accordance with legal procedures based on the needs of the public interest.
When a finance is expropriated, the nature of its ownership changes.
According to the Regulations on the Expropriation and Compensation of Houses on State-owned Land
Article 13. If the house is expropriated in accordance with the law, the state-owned land use right shall be recovered at the same time.
This indicates that after expropriation, ownership changed to the State.
Expropriation is a restriction on the ownership of property of a unit or individual in a statutory emergency, and it is used directly without the consent of the owner.
The focus of the expropriation is on the property of the user unit or individual, and does not mean that the ownership of the property is changed, and the requisitioned property should still be returned to the right holder after the use of the property. If damage or loss is caused to property, corresponding compensation shall also be given.
The law restricts the land acquisition procedure than the land acquisition procedure. In addition, the standard of compensation for land expropriation is generally higher than that for land acquisition.
The main difference between land acquisition and land acquisition is whether or not there is a change in land ownership.
It is worth notingBoth land expropriation and land expropriation must be carried out in strict accordance with the law for the purpose of public interest, and reasonable compensation must be given. Land expropriation and land expropriation that is not based on the needs of the public interest and not in accordance with legal procedures are illegal.
Clearly distinguishing between land expropriation and land expropriation is not only crucial to our compensation, but also related to the conduct of future rights protection procedures, the use of the law, and even the best policies.