Legal information

Introduction to the article: Large hotels in Ningbo were demolished, state-owned land was converted into collective land, and the compensation was actually increased so much?

Part One: Brief Introduction to the Case

In one such case, a large hotel in Ningbo once purchased a state-owned enterprise house for commercial operations. Later, the company received a demolition notice, and the government only compensated according to factory building standards. The boss of the company found Lu Yongqiang and Dong Guonv from the Yingting demolition team, and after various investigations, they obtained some strong evidence. This includes evidence that enterprises pay land use fees based on commercial land use. After the efforts of two lawyers, the compensation was finally based on the demolition of commercial houses on state-owned land. The compensation increased by tens of millions of yuan compared with the original amount.

Part 2: Both are house demolitions. What is the difference between collective land and state-owned land?

1. Different reasons for demolition

(1) The reasons for demolition of houses on state-owned land can be based on the needs of public interests, and the government departments can organize the expropriation and then demolish them uniformly; they can also be based on commercial development, and the developers and the demolished people can demolish them after reaching an agreement. In the case of demolition for the public interest, the demolishers must make a choice between personal interests and national interests. Once the government provides reasonable compensation, the demolished people must relocate. In the case of commercial demolition, the demolished people enjoy greater autonomy.

(2) House demolition (land expropriation and demolition) on collective land should be based on the needs of public interests. Ying Ting believes that after obtaining approval from relevant departments in accordance with legal procedures, collective land will be expropriated as state-owned land and reasonable compensation will be given to the expropriated before demolition can be carried out.

2. Different laws apply

The subjects, procedures, compensation and other issues of house demolition on state-owned land shall all apply to the "Regulations on the Expropriation and Compensation of Houses on State-owned Land"; the demolition of houses on collective land mainly applies to the "Land Management Law" and the "Regulations on the Implementation of the Land Management Law". If there are no specific provisions in the above laws and regulations, the "Regulations on the Expropriation and Compensation of Houses on State-owned Land" may be applied by reference.

3. Different approval departments

If it is necessary to expropriate houses on state-owned land for the purpose of public interests, the people's government at the city or county level shall make a decision on house expropriation. The demolition of houses on collective land requires land expropriation approval from the State Council, the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

4. Different compensation standards

Compensation for house demolition on state-owned land is based on the appraised value of the house, which must be determined by a qualified appraisal company based on the market value of the house. The Yingting Demolition Team learned that in addition to considering the structure, area, and construction time of the house, factors such as the location and use of the house have a greater impact on the value of the house. Compensation costs for house demolition on collective land mainly include compensation for land use rights and compensation for the house itself. Compensation for houses is generally based on replacement cost only, and compared with houses on state-owned land, the amount of compensation received is much lower.

5. Different implementation departments

The demolition of houses on state-owned land is organized and implemented by relevant departments of the people's government at or above the county level, and the Bureau of Housing and Urban-Rural Development is generally responsible for related matters. The demolition of houses on collective land is also organized and implemented by the people's government at or above the county level, but the Bureau of Land and Resources is generally responsible for the specific implementation.

6. Different mandatory procedures

During the demolition of houses on state-owned land, if the demolished persons and the demolishers fail to reach a compensation agreement within the time limit specified in the expropriation compensation plan, the city or county-level people's government that made the decision on house expropriation shall make a compensation decision in accordance with the expropriation compensation plan and make an announcement within the scope of expropriation. If the expropriated person does not apply for administrative reconsideration or file an administrative lawsuit within the statutory time limit, and does not move within the prescribed time limit, the city or county-level people's government that made the house expropriation decision shall apply to the People's Court for compulsory execution in accordance with the law. The compulsory demolition of houses on collective land is usually carried out by the land and resources department after making a "decision ordering the surrender of the land" and then applying to the court for compulsory demolition.

Yingting reminds you:

1. The demolition of houses on state-owned land is very different from the demolition of houses on collective land. The compensation for the latter is much lower than that of the former. Therefore, it is very important to entrust a professional enterprise demolition lawyer to investigate and collect evidence to determine the nature of the land.

2. If you encounter illegal forced demolition, the demolished person can file an administrative review within 60 days of receiving the expropriation decision, expropriation compensation decision and other specific administrative actions, and file an administrative lawsuit within 6 months. You must file a lawsuit to defend your rights within 6 months of knowing the date of forced demolition. Don’t miss the statute of limitations through petitions, reports, etc.