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Living in the street, the demolition will be compensated according to the rural area

ask****147 Hainan Haikou Consultation on compensation standard 2017.05.08 17:13:01 124 people read

Live in the street, Demolition Compensation according to rural areas

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Region: Beijing Xicheng District Consultation answer: 48304

The compensation standard for demolition is formulated by the local government. How about the overall compensation, whether it has reduced the original living standard, and whether the compensation is unreasonable, you can entrust a lawyer to safeguard your rights. Welcome to call for details.

2017-05-10 14:17:35 Reply

Hello! Compensation for house demolition and removal shall be announced by the local demolition and removal department in terms of compensation standards and compensation methods. Housing demolition compensation includes housing compensation and homestead compensation. The expropriated person can choose monetary compensation or exchange the property right of the house. Facade houses, self-employed households and business houses with business licenses shall be compensated according to the nature of commercial houses. The compensation for commercial housing is much higher than that for residential housing. We should actively strive for compensation for the loss of production and business suspension, decoration costs, demolition transition fees, resettlement, etc. If the compensation amount is too low or the compensation is unreasonable, it is recommended to hire professional relocation lawyers to protect their rights by requiring government information disclosure, administrative reconsideration, administrative litigation, negotiation, cooperation and exposure with well-known and influential media such as CCTV. Due to the huge benefits of demolition, governments at all levels hold back at all levels. It is suggested that measures should be taken to obtain more compensation. According to the years of experience of our professional demolition and expropriation lawyers, we usually take the initiative to get more compensation, or even double it. For details, please call.

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There are seven aspects that can help the building owner to judge whether to demolish this area. First, if it is necessary to expropriate houses, it should meet the requirements of the national economic and social development plan, the overall land use plan, the urban and rural planning and the special planning. If there are other beneficial purposes and adverse factors, adulteration is illegal, but the overall judgment of this aspect is difficult. II. The announcement of expropriation requires that the decision on the expropriation of houses for the purpose of expropriation should be announced to everyone in a timely manner. The announcement should be accompanied by a compensation plan for housing expropriation and resettlement, and everyone can pay attention to whether there is any content that tells the expropriated person that he has the right to apply for administrative reconsideration, file an administrative lawsuit, etc. III. Requirements for the formulation of resettlement compensation As for the resettlement compensation plan, the proposed expropriation and resettlement compensation plan needs to be demonstrated and published, and the most important thing is to seek public opinions (the duration shall not be less than 30 days). If everyone disagrees, the government should organize a hearing and modify the plan according to the hearing. 4. The requirements of the standard plan for collection During the collection process, you can refer to whether the collection items conform to the standard plan. For example: 1. The development and reform department reviews whether the project conforms to the national economic and social development plan; 2. The urban and rural planning department reviews whether the project conforms to the urban and rural planning and special planning; 3. The land and resources department reviews whether the project conforms to the overall land use plan; 4. If the old city reconstruction and affordable housing projects need to be levied, they should be included in the national economic and social development plan of the previous year due to review. This part needs to be tested in combination with the information disclosure application. V. The requirements of the survey and statistical results of the housing area measurement should be noted that after the expropriation party organizes the survey and registration of the ownership, location, use, building area and other conditions of the housing, it should disclose the relevant information to the expropriated within the scope of expropriation. 6. The differential treatment of unlicensed houses can not be generalized as illegal buildings if they are unregistered buildings. Before making a decision on housing expropriation, the unregistered buildings within the scope of expropriation shall be investigated, identified and disposed of. If it is identified as a legal building or a temporary building that does not exceed the approval period, compensation shall be given. VII. Conditions for the selection of housing assessment institutions. For the selection of housing assessment institutions, attention should also be paid to the fact that they are selected by the acquiree through consultation. If consultation fails, they can be determined by majority decision, random selection, etc.

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The standards for resettlement of rural housing demolition vary from place to place. Taking Beijing as an example, the following resettlement standards should be followed: 1. The area of homestead identified in the demolition compensation should be legally approved and should not exceed the control standards. House sites without legal approval shall not be recognized. The part of the legally approved homestead that exceeds the control standard shall not be compensated; However, the part of the house sites legally approved before 1982 that exceeds the control standard may be appropriately compensated in accordance with the provisions of the district or county people's government. The control standards for the area of each household's homestead shall be implemented in accordance with the standards determined by the district and county people's governments in accordance with Article 6 of the Several Provisions of the Beijing Municipal People's Government on Strengthening the Administration of Land for Rural Villagers to Build Houses. 2. The building area of houses on the homestead shall be determined in the demolition compensation, which shall be subject to the area indicated in the housing ownership certificate; If the house ownership certificate has not been obtained but the document of approval for building by the planning administrative department is available, it shall be determined according to the approved building area. If the houses built on the homestead before the implementation of these Measures have not obtained the housing ownership certificate and the housing construction documents approved by the competent planning administrative department, but are really occupied by the demolished removed people for a long time, appropriate compensation shall be given. In case of land requisition and house demolition, the compensation standard shall be determined by the township (nationality township) and town people's government according to the local actual situation, and shall be implemented after being reported to the district and county people's government for approval; In case of house demolition due to land occupation, the compensation standard shall be determined by the rural collective economic organization or the villagers' committee and implemented after being reported to the township (nationality township) or town people's government for approval. The houses newly built, rebuilt or expanded on the homestead after the implementation of these Measures shall not be recognized when the houses are demolished without obtaining the house ownership certificate or the documents for building approval from the competent planning administrative department. 3. If the rural villagers meet the conditions for examination and approval of the house site but have not actually obtained the house site, and it is really difficult to resettle according to the demolition implementation plan, the demolishers shall give appropriate subsidies according to the provisions of the district and county people's governments. However, unless the demolition implementation plan determines that compensation and resettlement will be made in the form of separately approved homestead. 4. The compensation for houses beyond the house site occupied and demolished shall be implemented with reference to the relevant provisions on land requisition and demolition. 5. For those who use their own houses in the homestead to engage in production and business activities and hold industrial and commercial business licenses, in addition to compensation and resettlement in accordance with the provisions of these Measures, the demolishers shall also appropriately compensate for the economic losses caused by the suspension of production and business. Among them, the compensation standards for economic losses caused by land requisition and house demolition shall be stipulated by the district and county people's governments; The compensation standards for economic losses caused by the demolition of houses occupied by land shall be stipulated by the township (nationality township) and town people's governments and reported to the district and county people's governments for the record. 6. The demolisher shall pay relocation subsidies to the demolished removed person. The relocation subsidies for the houses to be demolished and relocated due to land requisition shall be stipulated by the district and county people's governments; The relocation subsidies for houses to be demolished on occupied land shall be stipulated by the township (nationality township) and town people's governments and reported to the district and county people's governments for the record. 7. No compensation will be given for dismantling illegal buildings and temporary buildings beyond the approved period; For the demolition of temporary buildings not exceeding the approved period, appropriate compensation shall be given according to the replacement price and the remaining period.

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four billion six million four hundred and thirty-six thousand five hundred and sixty
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