In China's urbanization construction, due to the imperfect planning in the early stage, there are still many bungalows located on state-owned land, these bungalows generally have courtyards of different sizes in addition to the houses themselves, how to compensate for the courtyards and vacant land? TodayShi Xining, chief lawyer of Beijing Jingkang Law FirmI will share with you the legal issues involved.
Lawyer's interpretation
According to the Regulations on the Expropriation and Compensation of State-owned Land and Housing, "the courtyard and vacant land area of the state-owned land use rights legally enjoyed by the parties shall be included in the scope of assessment, and the compensation shall be expropriated and compensated according to the real estate market at the time of expropriation." At the same time, Article 19 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land also stipulates that "the compensation for the value of the expropriated houses shall not be lower than the market of similar real estate of the expropriated houses on the date of the announcement of the decision to expropriate the houses." The value of the expropriated house shall be assessed and determined by the real estate appraisal agency with corresponding qualifications in accordance with the housing expropriation appraisal method. ”
That is to say, our courtyard is also within the scope of demolition compensation, and the compensation standard is determined according to the assessment of similar real estate markets in the surrounding market. At this time, many friends are going to ask, the evaluation agency conducts the evaluation, but I think the evaluation is unreasonable and the standard is too low, what should I do?
First of all: regarding the selection of appraisal agencies, according to Article 4 of the Measures for the Expropriation and Assessment of Houses on State-owned Land, the real estate appraisal agency shall first be selected by the expropriated person through consultation, and only in the case of failure of the expropriated person through negotiation, the housing expropriation department shall decide by organizing the expropriated person to vote in accordance with the principle of minority obeying the majority, or shall be determined by random methods such as lottery and lottery. Therefore, if the housing expropriation department directly appoints a real estate appraisal agency to evaluate your house, it is a procedural violation and you can file an objection.
Secondly: the real estate appraisal agency should be evaluated independently. According to Article 20 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land and Article 3 of the Measures for the Expropriation and Assessment of Houses on State-owned Land, no unit or individual shall interfere with the expropriation and appraisal of houses. Those who have an interest in the parties to the expropriation shall recuse themselves. Therefore, if you find that the evaluation agency has the above problems, you should raise objections in time to avoid the loss of your own interests.
Finally: What should I do if I am not satisfied with the assessment report or the evaluation results? According to the Regulations on the Expropriation and Compensation of Houses on State-owned Land and the Measures for the Expropriation and Assessment of Houses on State-owned Land, if you have any doubts about the appraisal report, you can ask the real estate appraisal agency that issued the appraisal report to explain and explain. And within 10 days from the date of receipt of the assessment report, bring a written application for review of the assessment to the assessment agency, and point out the problems existing in the assessment report. The assessment body shall review the assessment results within 10 days from the date of receipt of the written application for review of the assessment. After the review, if the original assessment result is changed, a new assessment report shall be issued; If there is no change in the results of the assessment, the agency should also need to inform you in writing. If you have any objection to the review result at this time, you must apply to the appraisal expert committee of the place where the expropriated house is located within 10 days from the date of receipt of the review result.
In the end, the housing expropriation department shall report to the people at the city and county levels who have made the decision on housing expropriation to make a compensation decision in accordance with the expropriation compensation plan, and make an announcement within the scope of housing expropriation. If you are still not satisfied with the compensation decision at this time, you can apply for administrative reconsideration in accordance with the law, or you can file an administrative lawsuit in accordance with the law.
If the above processes and methods cannot solve your objection to compensation, then it is recommended that you consult a professional demolition lawyer in a timely manner, and if necessary, take legal means such as reconsideration and litigation to solve the problem.
Director Shi reminded
Demolition and relocation is a long-term struggle, which 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 updating, so that he can calmly analyze and make correct judgments in a case. 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.