Legal information

Article introduction: Order No. 590 is the "Regulations on the Expropriation and Compensation of Houses on State-owned Land". Order No. 590 ensures that the demolished households receive these three types of compensation. These types of people must be rewarded and rescued! Article 17 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land is about the content of compensation for house expropriation. This article analyzes this aspect.

Part One: Original text of the law

Article 17 of the "Regulations on House Expropriation and Compensation on State-owned Land" stipulates that the municipal and county-level people's governments that make the decision to expropriate houses shall provide compensation to the expropriated persons including: compensation for the value of the expropriated house; compensation for relocation and temporary resettlement caused by the expropriation of the house; compensation for the loss of production and business suspension caused by the expropriation of the house. The people's governments at the city and county levels shall formulate subsidies and reward measures to provide subsidies and rewards to the expropriated persons.

Part 2: Legal Analysis

1. House expropriation involves the most important private property of citizens - houses. While emphasizing the need to expropriate houses for the public interest, house expropriation activities should be strictly regulated to protect the legitimate rights and interests of the expropriated persons. Ying Ting believes that judging from past practice, most of the various conflicts and disputes that arise reflect whether the compensation is fair and just. Judging from the solicitation of opinions, the issue of compensation for house expropriation is of greatest concern to the public.

2. In order to better protect the legitimate rights and interests of the expropriated persons and ensure that the expropriation compensation is fair and reasonable, these Regulations stipulate the compensation content of the expropriated persons. This is a new addition.

3. The compensation stipulated in the first paragraph of this article includes three items: (1) Compensation for the value of the expropriated person’s house. This includes compensation for the expropriated house and the land use rights within the occupied area, as well as compensation for the value of the interior decoration of the house. The expropriated person's house includes the expropriated house and its attachments. The so-called "accessories" refer to the accessory buildings or structures related to the main building of the house. The expropriated persons shall also be compensated for the decoration and decoration of their houses during the expropriation. Compensation for the value of the expropriated houses is the most important part of the house expropriation compensation. (2) Compensation for relocation and temporary resettlement caused by house expropriation. The Yingting Demolition Group learned that if relocation occurs due to house expropriation, the housing expropriation department should pay relocation fees to the expropriated persons; relocation compensation is for all expropriated persons. For those who choose to exchange the property rights of the house, before the property rights exchange house is delivered, the housing expropriation department shall pay the temporary resettlement fee to the expropriated person or provide a turnover house; if the house expropriation department provides a turnover house to the expropriated person, there is no need to pay temporary resettlement compensation. (3) Compensation for losses caused by suspension of production and business due to house expropriation. Compensation for losses caused by the suspension of production and business of non-residential houses is one of the important aspects of current conflicts and disputes over demolition. Article 33 of the original demolition regulations stipulates appropriate compensation. Due to the comparative principle, different places have different practices, which has caused many problems. This Regulation clarifies compensation for losses caused by suspension of production and business as an important component of house expropriation compensation, which is conducive to better protecting the interests of expropriated persons.

4. Paragraph 2 of this article stipulates that the people's governments at the municipal and county levels shall formulate measures to provide subsidies and rewards to the expropriated persons. Different from the first three items in the first paragraph, the subsidies and rewards provided by the municipal and county-level people's governments to the expropriated persons stipulated in this paragraph are not universal. For example, the rewards stipulated by the people's governments at the city and county levels are for expropriated persons who relocate on time; if the expropriated persons fail to relocate on time, they will not be able to enjoy the rewards given by the government. The same is true for subsidies stipulated by people's governments at the city and county levels. Subsidies may be targeted at living difficulties assistance, critical illness assistance, and families with housing difficulties. For example, Shanghai stipulates that for the demolition of old-style lane houses, simple houses and other non-complete single-use houses, in order to meet the basic functions of the demolished houses (sanitation, kitchen), an increase in apartment area subsidies will be provided, and each household will be subsidized with a building area of ​​15 square meters. In the process of renovating the old city, Guangzhou City, in order to encourage residents to move out, provides subsidies to demolished residents within the scope of the historical old city in addition to normal compensation at 20% of the real estate market price of the expropriated houses.

Yingting reminds you:

According to Article 14 of the Regulations on the Expropriation and Compensation of Houses on State-Owned Land, if the expropriated person is dissatisfied with the house expropriation decision made by the people's government at the municipal or county level, he or she may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law. Therefore, when you believe that your legitimate rights and interests have been infringed, you can seek legal relief through administrative litigation and administrative reconsideration as soon as possible. According to the relevant laws and regulations of our country, the expropriated and demolished persons 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. If your house is forcibly demolished, you must file a lawsuit to defend your rights within 6 months of knowing the date of demolition. If you have not negotiated compensation terms with the government, you can consult a lawyer specializing in land acquisition and demolition, or ask a lawyer to intervene and negotiate with the government using professional legal knowledge to strive for fair and satisfactory compensation.