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Is there any compensation for land transfer and demolition

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Is there any compensation for land transfer and demolition


        

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  • 2024-06-16 07:01:39

    Demolition requires compensation for the vacant land, yard and dam, as well as for the attached crops on the land. The compensation given by the people's government of the city and county level that made the decision on housing expropriation to the expropriated person includes: compensation for the value of the expropriated house, compensation for relocation and temporary resettlement caused by the expropriation of the house. Compensation standard: 1. For compensation for the loss of production and business suspension caused by the expropriation of houses, the municipal and county people's governments should formulate subsidy and reward measures to give subsidies and rewards to the expropriated people. The houses on the transferred land should have property ownership certificates, and the demolition compensation should also refer to the Regulations on the Collection and Compensation of Houses on State owned Land for compensation;
    2. Where the right to the use of the land is obtained by means of transfer, there is no restriction on the term of use, unless otherwise provided by laws and administrative regulations. Although there is no time limit for obtaining the right to use the assigned land for free, if the use of the land is stopped due to the relocation, dissolution, revocation, bankruptcy or other reasons of the land user, the State shall withdraw the right to use the assigned land for free and may assign it according to law.
    3. Due to the needs of urban construction and development and the requirements of urban planning, the land use right can also be recovered for free and can be transferred according to law. If the right to the use of the assigned land is recovered without compensation, the above ground buildings and other attachments shall belong to the state, but appropriate compensation shall be given according to the actual situation.
    4. At present, there are two main ways to obtain land for real estate development: state-owned allocation and state-owned transfer. The transfer of land refers to that the developer obtains the land in a paid way and pays the land transfer fee according to the relevant proportion of the assessed land price. The state-owned allocated land use right has no use period, and the state-owned transferred land use right has the limit of the land use period. For example, the service life of ordinary residential buildings is 70 years, that of commercial buildings is 40 years, and that of comprehensive buildings is 50 years.

    Legal basis

    Article 17 of the Regulations on the Expropriation and Compensation of Houses on State owned Land, the compensation given by the municipal and county people's governments that make the decision on the expropriation of houses to the expropriated includes:
    (1) Compensation for the value of the house expropriated;
    (2) Compensation for relocation and temporary resettlement caused by house expropriation;
    (3) Compensation for the loss of production and business suspension caused by the expropriation of houses.
    The people's governments at the municipal and county levels shall formulate measures for subsidies and rewards, and give subsidies and rewards to the people who are expropriated.

    Article 18 of the Regulations on the Expropriation and Compensation of Houses on State owned Land, if the expropriated person meets the housing security conditions, the municipal and county people's government that made the decision on housing expropriation shall give priority to housing security. Specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.

    h***

    2024-06-16 07:01:39

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