Compensation for housing expropriation has always been the most concerned issue for the expropriated. In the process of expropriation, once the expropriator and the expropriated party cannot reach an agreement on the content and standard of compensation, it will often lead to conflicts and disputes.
So, how exactly should the standard of compensation for housing expropriation be determined? This is not only related to the vital interests of the expropriated person, but also a test of the justice and fairness of the law. Mr. Wang Cheng, a lawyer at Beijing Chinese Law Firm, will reveal the relevant scope and standards of housing expropriation compensation for you, and help you better understand your rights and interests.
Due to the different laws and regulations applicable at the time of expropriation, there are obvious differences in the scope and standard of statutory compensation for the expropriation of houses on state-owned land and the expropriation of rural land in China. For the expropriation of houses on state-owned land, in accordance with the provisions of Articles 17 and 19 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land
The compensation given to the expropriated person by the people at the city and county level who made the decision to expropriate the house includes: (1) compensation for the value of the expropriated house; (2) Compensation for relocation and temporary resettlement caused by the expropriation of housing; (3) Compensation for losses caused by the suspension of production and business caused by the expropriation of houses. (4) Relevant subsidies and awards. The compensation for the value of the expropriated house shall not be less than the market ** of similar real estate of the expropriated house on the date of the announcement of the decision to expropriate, and the specific amount shall be assessed and determined by the real estate appraisal agency with corresponding qualifications in accordance with the housing expropriation appraisal method.
It should be noted that the compensation for the value of the expropriated house includes the compensation for the value of the land use right and the value of the interior decoration and decoration within the expropriated house and its occupancy.
Article 4 of the Measures for the Expropriation and Assessment of Houses on State-owned Land stipulates that the real estate appraisal agency shall be selected by the expropriated person through consultation within the specified time; If the negotiation fails within the specified time, the housing expropriation department shall decide by organizing the expropriated persons to vote in accordance with the principle of minority obeying the majority, or by random methods such as lottery and lottery.
If the relocation is caused by the expropriation of the house, the housing expropriation department shall pay the relocation fee to the expropriated person. If the house is expropriated, the expropriated person has the right to choose monetary compensation or house property rights exchange, and if the house property rights are exchanged, the property rights are exchanged before the delivery of the houseThe housing expropriation department shall pay temporary resettlement fees or provide swing housing.
Whether the assessee has suffered losses due to suspension of production and business and the size of the losses, usually by the housing expropriation department in accordance with the provincial people's ** formulated relevant compensation measures and the expropriation compensation plan in the case, combined with the purpose of the expropriated house, the actual business address of the expropriated person and the business license provided by it, tax payment certificate, the actual use benefits of the expropriated house before the expropriation, the period of suspension of production and business, etc.
Relevant grants and incentives, usually determined by the city and county-level people** as the subject of housing expropriation in the expropriation compensation planNote that it is not inclusiveFor example, the incentive is applicable to the situation of cooperating with the expropriator to carry out the relocation on time, and the subsidy is generally for the expropriated person and his family in need of assistance, serious illness and housing difficulties.
When determining the compensation plan and related standards for housing expropriation in the actual expropriation, the expropriating entity often needs to consider various factors to ensure the fairness and reasonableness of the compensation. These factors include, but not only that:The type, use, area and structure of the expropriated house also involve the level of the local real estate market, the economic status and ability of the expropriated person, the compensation standard of similar houses, the economic ability and ability to pay of the expropriator, and the relevant policies and regulations of the local government.
For rural land expropriation, the relevant provisions of the Land Management Law and the Regulations for the Implementation of the Land Management Law shall mainly apply. According to Articles 47 and 49 of the Land Management Law, land expropriation shall be paid in full and in a timely manner in accordance with the law, as well as compensation for rural villagers' houses, other above-ground attachments and seedlings, etc., and social security expenses for land-expropriated farmers shall be arranged. The standards for land compensation and resettlement subsidies for the expropriation of agricultural land shall be determined by the provinces, autonomous regions and municipalities directly under the Central Government through the formulation and publication of comprehensive land prices for the districts. The comprehensive land price of the area shall be adjusted or re-published at least once every three years.
It should be noted that in the actual expropriation process, the comprehensive land price of the area is not a fixed and only standard, but should be the minimum standard, and ultimately ensure that the original living standards of the land-expropriated farmers are not reduced and their long-term livelihood is guaranteed. expropriation other than agricultural landCompensation standards for other land, above-ground attachments and seedlings, formulated by provinces, autonomous regions, and municipalities directly under the Central Government.
to rural villagers' housesIn accordance with the principle of compensation before relocation and improvement of living conditions, the wishes of rural villagers shall be respected, and fair and reasonable compensation shall be given by means such as rearranging homestead land for construction, providing resettlement housing, or monetary compensation, and compensation shall be made for the costs of relocation and temporary resettlement caused by expropriation.
It should be noted that for the expropriation of rural villagers' houses, the expropriated farmers have the right to choose three types of compensation and resettlementCompared with the two options of the expropriated person for housing expropriation on state-owned land, rural villagers alsoThe right to choose to require the expropriator to rebuild the house according to the homestead. Local people at or above the county level shall include land-expropriated farmers in the corresponding social security system such as old-age pensions, and the expropriator shall pay the relevant social security expenses.
The scope and standard of compensation for expropriation is a key link in protecting the legitimate rights and interests of citizens, and it is also the issue that the expropriated party is most concerned about. In the process of urbanization, the issue of expropriation compensation is related to the vital interests of the expropriated persons and the stable development of society.
Wang Cheng, a lawyer at Beijing Chinese-funded law firm, reminds you that it is very important for the expropriated party to understand the relevant content of the scope and standard of expropriation compensation. Only by fully understanding the scope and standard of expropriation compensation can the expropriated person better safeguard his or her own rights and interests and ensure that his or her own interests are fully protected.