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Land expropriation for Shijiazhuang subway construction encourages monetary compensation - Yingting demolition lawyer
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Article author：Yingting Lawyers Group | Update time：2019-08-09 | Reading times：283
Shijiazhuang Metro ConstructionLand acquisitionExpropriation of houses on state-owned land encourages monetary compensation
The provincial capital city's trajectory transportation project has entered the construction stage, and a large amount of land and houses along the route are facing expropriation due to construction needs. In order to carry out the expropriation and compensation work for urban rail transit projects in Shijiazhuang City and ensure the smooth implementation of the provincial capital subway construction, the municipal government recently issued the "Implementation Methods for Expropriation and Compensation for Urban Rail Transit Projects in Shijiazhuang City", which stipulates related matters involving land and house expropriation and compensation within the construction scope of the provincial capital rail transit project.
Expropriation of houses on state-owned land encourages monetary compensation
The "Measures" stipulate that within the scope of track projects involving the recovery of state-owned land use rights and compensation for expropriation of houses on state-owned land, the following regulations shall be implemented:
According to the detailed urban trajectory traffic control plan of Shijiazhuang City, if state-owned land use rights need to be recovered, compensation to the original land use rights holders shall be carried out in accordance with the relevant rules of the "Hebei Province Land Management Regulations".
The expropriation, compensation and settlement of houses on state-owned land shall be carried out in accordance with the "Shijiazhuang City Interim Methods for Expropriation and Compensation of Houses on State-owned Land" and relevant rules. Monetary compensation will be encouraged for house expropriation on state-owned land for rail transportation projects.
If the expropriated units along the planned routes for the construction of track transportation projects really need to be resettled, upon recognition by the headquarters, the planning and land administration departments will adjust and handle the resettlement land according to the detailed urban control plan and relevant policies and rules.
Pay moving fees when moving collective land house
If compensation for collective land expropriation is involved within the scope of the trajectory project, the land compensation fee standards shall be in accordance with the "Revisions of the Hebei Provincial People's Government"Land acquisition"Notice on District Prices" shall be implemented; compensation for young crops, above-ground buildings and attachments shall be implemented in accordance with the provisions of the municipal government's "Shijiazhuang City Compensation Standards for Young Plants and Above-ground Building Attachments on Expropriated Urban Collective Land". During the expropriation and compensation period, if the state or local government promulgates new compensation standards, compensation will be carried out in accordance with the new standards.
If the houses of villagers need to be expropriated due to track projects, the resettlement of the expropriated villagers shall be the responsibility of the county (city) or district government under their jurisdiction.
If the expropriation of a house results in a move, the expropriation department shall pay the moving expenses to the expropriated person. For transitional moving, the fee will be calculated as twice the one-time moving fee. The temporary resettlement compensation fee for the expropriated non-residential house shall be the average shopping mall rent of the house, which shall be evaluated and confirmed by the real estate price evaluation agency.
Houses used for production and business purposes on collective land will be expropriated and compensated based on the replacement price. If they really need to be resettled, the local government will classify them as land for resettlement in the annual land use plan according to the nature of the business and relevant policies and rules.
No compensation will be given if illegal construction is used for 2 years
The "Measures" stipulate that if it is confirmed by the administrative departments such as planning, land management, and housing management that it is illegally built, exceeds the approved period, or has been used for more than 2 years (including the original period) without specifying the period, it will be unconditionally removed without compensation.
If the agreed period has not been exceeded or the specified period has not been exceeded and the use period has not exceeded 2 years, compensation will be based on the replacement price of the house multiplied by the depreciation factor. If there is an agreed period of time, the depreciation coefficient shall be determined based on the agreed period; if there is no agreed period of time, the depreciation coefficient shall be determined based on the period of 2 years. If the building is temporarily built for commercial use and decorated within the approved period of use, the decoration part will be restructured and compensated.
From the date of the announcement of the expropriation scale, units and individuals within the expropriation scope are not allowed to build, renovate, expand houses, change the use of houses, plant new flowers, trees, crops, or build buildings or structures. These behaviors that increase compensation costs will not be compensated.
The provincial capital city's trajectory transportation project has entered the construction stage, and a large amount of land and houses along the route are facing expropriation due to construction needs. In order to carry out the expropriation and compensation work for urban rail transit projects in Shijiazhuang City and ensure the smooth implementation of the provincial capital subway construction, the municipal government recently issued the "Implementation Methods for Expropriation and Compensation for Urban Rail Transit Projects in Shijiazhuang City", which stipulates related matters involving land and house expropriation and compensation within the construction scope of the provincial capital rail transit project.
Expropriation of houses on state-owned land encourages monetary compensation
The "Measures" stipulate that within the scope of track projects involving the recovery of state-owned land use rights and compensation for expropriation of houses on state-owned land, the following regulations shall be implemented:
According to the detailed urban trajectory traffic control plan of Shijiazhuang City, if state-owned land use rights need to be recovered, compensation to the original land use rights holders shall be carried out in accordance with the relevant rules of the "Hebei Province Land Management Regulations".
The expropriation, compensation and settlement of houses on state-owned land shall be carried out in accordance with the "Shijiazhuang City Interim Methods for Expropriation and Compensation of Houses on State-owned Land" and relevant rules. Monetary compensation will be encouraged for house expropriation on state-owned land for rail transportation projects.
If the expropriated units along the planned routes for the construction of track transportation projects really need to be resettled, upon recognition by the headquarters, the planning and land administration departments will adjust and handle the resettlement land according to the detailed urban control plan and relevant policies and rules.
Pay moving fees when moving collective land house
If compensation for collective land expropriation is involved within the scope of the trajectory project, the land compensation fee standards shall be in accordance with the "Revisions of the Hebei Provincial People's Government"Land acquisition"Notice on District Prices" shall be implemented; compensation for young crops, above-ground buildings and attachments shall be implemented in accordance with the provisions of the municipal government's "Shijiazhuang City Compensation Standards for Young Plants and Above-ground Building Attachments on Expropriated Urban Collective Land". During the expropriation and compensation period, if the state or local government promulgates new compensation standards, compensation will be carried out in accordance with the new standards.
If the houses of villagers need to be expropriated due to track projects, the resettlement of the expropriated villagers shall be the responsibility of the county (city) or district government under their jurisdiction.
If the expropriation of a house results in a move, the expropriation department shall pay the moving expenses to the expropriated person. For transitional moving, the fee will be calculated as twice the one-time moving fee. The temporary resettlement compensation fee for the expropriated non-residential house shall be the average shopping mall rent of the house, which shall be evaluated and confirmed by the real estate price evaluation agency.
Houses used for production and business purposes on collective land will be expropriated and compensated based on the replacement price. If they really need to be resettled, the local government will classify them as land for resettlement in the annual land use plan according to the nature of the business and relevant policies and rules.
No compensation will be given if illegal construction is used for 2 years
The "Measures" stipulate that if it is confirmed by the administrative departments such as planning, land management, and housing management that it is illegally built, exceeds the approved period, or has been used for more than 2 years (including the original period) without specifying the period, it will be unconditionally removed without compensation.
If the agreed period has not been exceeded or the specified period has not been exceeded and the use period has not exceeded 2 years, compensation will be based on the replacement price of the house multiplied by the depreciation factor. If there is an agreed period of time, the depreciation coefficient shall be determined based on the agreed period; if there is no agreed period of time, the depreciation coefficient shall be determined based on the period of 2 years. If the building is temporarily built for commercial use and decorated within the approved period of use, the decoration part will be restructured and compensated.
From the date of the announcement of the expropriation scale, units and individuals within the expropriation scope are not allowed to build, renovate, expand houses, change the use of houses, plant new flowers, trees, crops, or build buildings or structures. These behaviors that increase compensation costs will not be compensated.
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