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How can I get reasonable demolition compensation? Demolition compensation and resettlement subsidies
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Article author：Yingting Lawyers Group | Update time：2019-04-24 | Reading times：387
DemolitioncompensationDuring the land acquisition process, the value of the residence or non-residence house is evaluated, and then the house is legally removed and the property owner of the house is given affirmative action.compensation.
1. House expropriationcompensationIs it based on household registration?compensationof?
House expropriationcompensationNot based on household registrationcompensation, but according to theDemolitionhouse givingcompensation.
House expropriationcompensation, for the expropriated housecompensation, so recognition should be given based on the value of the expropriated house.compensationfee. House expropriationcompensationIt has nothing to do with population or household registration.
houseDemolitionThere is also the concept of arrangement subsidies, which are given based on population or household registration. House on collective landDemolitionAmong them, the Land Management Law applies, and the law stipulates that there are arrangement subsidies based on population or household registration, that is, for people living in the areaDemolitionHousehold registration in the house, people with rural qualifications, will be provided with a certain design house area or homestead area or corresponding monetary design subsidies.
To sum up, the house expropriationcompensationIt has nothing to do with household registration. What is related to household registration is the arrangement of subsidies. In other words, when the house is leviedDemolitionIn the case ofcompensationIt is related to the house and has nothing to do with the household registration, but the arrangement of subsidies is related to the household registration. Only houses on collective landDemolitionOnly under the circumstances will there be arrangement subsidies based on population.
2. Land acquisitionDemolitioncompensationWhat should the norm be?
land expropriation: land expropriationcompensationThe fee includes 3 items: landcompensationfees, arrangement subsidy fees and ground attachmentscompensationfee. landcompensationThe fees and arrangement subsidies are calculated based on multiples of the average annual output value of the three years before the plowed land was expropriated, with a maximum of 30 times as stipulated in the Land Management Law. However, according to the "Decision of the State Council on Deepening Reform and Strict Land Management", it has exceeded 30 times. “Payment of land in accordance with current legal provisionscompensationIf the fees and arrangement subsidies cannot enable the land-expropriated farmers to maintain their original living standards and are insufficient to cover the social security expenses of landless farmers due to land acquisition, the people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government shall approve an increase in the arrangement subsidies. landcompensationIf the total of the land-expropriated farmers' fees and arrangement subsidies reaches the legal upper limit and is not enough to enable the land-expropriated farmers to maintain their original living standards, the local people's government may use the income from the paid use of state-owned land to provide subsidies. "
Demolition: "House expropriation on state-owned land andcompensationThe Act stipulates that the value of a house that is taxedcompensation, shall not be lower than the market price of similar real estate of the expropriated house on the date of announcement of the house expropriation decision.
3. Land acquisitionDemolitiongivencompensationToo low, what should we do?
If the land occupation cannot be recognized based on existing conditions (orDemolition) is legal, andcompensationIf it is too low, it should first be rejected.compensationSign the agreement and relevant materials and refuse to occupy the land (orDemolition).
4. How can we obtain reasonablecompensation?
Land acquisitionDemolitioncompensationThe condition for whether the fee is reasonable is land acquisitionDemolitionWhether it is legal or not?Demolition, the first thing to pay attention to iscompensationNorms or how to move forwardcompensation, whilecompensationThe fundamental issue that needs to be paid attention to in the progress of land occupation is the legality of land occupation.
Yes, the people being relocated do not care about the legality of the project, but the legitimacy of the project.compensation. But you can’t eat hot tofu in a hurry. To achieve this goal, you need to use skills and methods, starting from the legality of each link of the project, and thoroughly investigating the illegality of the entities and procedures in each link, so that the other party can proactively provide reasonablecompensation!
1. House expropriationcompensationIs it based on household registration?compensationof?
House expropriationcompensationNot based on household registrationcompensation, but according to theDemolitionhouse givingcompensation.
House expropriationcompensation, for the expropriated housecompensation, so recognition should be given based on the value of the expropriated house.compensationfee. House expropriationcompensationIt has nothing to do with population or household registration.
houseDemolitionThere is also the concept of arrangement subsidies, which are given based on population or household registration. House on collective landDemolitionAmong them, the Land Management Law applies, and the law stipulates that there are arrangement subsidies based on population or household registration, that is, for people living in the areaDemolitionHousehold registration in the house, people with rural qualifications, will be provided with a certain design house area or homestead area or corresponding monetary design subsidies.
To sum up, the house expropriationcompensationIt has nothing to do with household registration. What is related to household registration is the arrangement of subsidies. In other words, when the house is leviedDemolitionIn the case ofcompensationIt is related to the house and has nothing to do with the household registration, but the arrangement of subsidies is related to the household registration. Only houses on collective landDemolitionOnly under the circumstances will there be arrangement subsidies based on population.
2. Land acquisitionDemolitioncompensationWhat should the norm be?
land expropriation: land expropriationcompensationThe fee includes 3 items: landcompensationfees, arrangement subsidy fees and ground attachmentscompensationfee. landcompensationThe fees and arrangement subsidies are calculated based on multiples of the average annual output value of the three years before the plowed land was expropriated, with a maximum of 30 times as stipulated in the Land Management Law. However, according to the "Decision of the State Council on Deepening Reform and Strict Land Management", it has exceeded 30 times. “Payment of land in accordance with current legal provisionscompensationIf the fees and arrangement subsidies cannot enable the land-expropriated farmers to maintain their original living standards and are insufficient to cover the social security expenses of landless farmers due to land acquisition, the people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government shall approve an increase in the arrangement subsidies. landcompensationIf the total of the land-expropriated farmers' fees and arrangement subsidies reaches the legal upper limit and is not enough to enable the land-expropriated farmers to maintain their original living standards, the local people's government may use the income from the paid use of state-owned land to provide subsidies. "
Demolition: "House expropriation on state-owned land andcompensationThe Act stipulates that the value of a house that is taxedcompensation, shall not be lower than the market price of similar real estate of the expropriated house on the date of announcement of the house expropriation decision.
3. Land acquisitionDemolitiongivencompensationToo low, what should we do?
If the land occupation cannot be recognized based on existing conditions (orDemolition) is legal, andcompensationIf it is too low, it should first be rejected.compensationSign the agreement and relevant materials and refuse to occupy the land (orDemolition).
4. How can we obtain reasonablecompensation?
Land acquisitionDemolitioncompensationThe condition for whether the fee is reasonable is land acquisitionDemolitionWhether it is legal or not?Demolition, the first thing to pay attention to iscompensationNorms or how to move forwardcompensation, whilecompensationThe fundamental issue that needs to be paid attention to in the progress of land occupation is the legality of land occupation.
Yes, the people being relocated do not care about the legality of the project, but the legitimacy of the project.compensation. But you can’t eat hot tofu in a hurry. To achieve this goal, you need to use skills and methods, starting from the legality of each link of the project, and thoroughly investigating the illegality of the entities and procedures in each link, so that the other party can proactively provide reasonablecompensation!
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