Introduction:In recent years, with the rapid development of my country's economy and the rapid advancement of urbanization, more and more disputes arising from demolition compensation have emerged. For the majority of the demolished people, what are the demolition procedures and what issues need attention are issues that everyone is eager to know. This is of great reference significance for preparing for all aspects of the demolition as early as possible and striving for the maximum legal benefits for themselves. This article mainly introduces the house expropriation procedures on state-owned land that everyone is concerned about.

The procedures for house expropriation on state-owned land mainly revolve around the expropriation decision and expropriation compensation.

Regarding the collection decision

1. Formulating a compensation plan for expropriation

According to Article 10 of the Regulations on the Expropriation and Compensation of Houses on State-Owned Land, the house expropriation department shall formulate an expropriation and compensation plan and submit it to the municipal and county-level people's governments. People's governments at the municipal and county levels shall organize relevant departments to conduct demonstrations on expropriation and compensation plans and publish them to solicit public opinions. In practice, the proposed expropriation compensation plan appears before the expropriation decision is made, which is an important procedure in house expropriation. The expropriated persons must actively exercise their right to express opinions.

2. Announcement of house expropriation decision and notification of reconsideration and litigation rights

Article 13 of the Regulations on House Expropriation and Compensation on State-Owned Land stipulates that the people's government at the municipal and county levels shall make a timely announcement after making a decision on house expropriation. The announcement shall specify expropriation compensation plans, administrative reconsideration, administrative litigation rights and other matters. Article 14 of the "Regulations" further stipulates that if the expropriated person is dissatisfied with the house expropriation decision made by the people's government at the municipal or county level, he may apply for administrative reconsideration in accordance with the law, or he may file an administrative lawsuit in accordance with the law. The house expropriation decision marks the official start of the expropriation project and the recovery of state-owned land use rights. If the expropriated person is dissatisfied with the expropriation compensation plan, it is very necessary to initiate procedures for relief within the legal period.

3. Organize investigation and registration

Article 15 of the Regulations on House Expropriation and Compensation on State-Owned Land stipulates: The house expropriation department shall organize an investigation and registration of the ownership, location, purpose, construction area, etc. of the houses within the scope of house expropriation, and the expropriated persons shall cooperate. The investigation results shall be announced to the expropriated persons within the scope of house expropriation.

About expropriation compensation

1. Scope of expropriation and compensation

Article 17 of the Regulations on the Expropriation and Compensation of Houses on State-Owned Land stipulates that the compensation to the expropriated persons by the municipal and county-level people's governments that make the decision to expropriate houses includes:

(1) Compensation for the value of the expropriated house;

(2) Compensation for relocation and temporary resettlement caused by house expropriation;

(3) Compensation for losses caused by suspension of production and business due to house expropriation.

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.

In practice, item (3) compensation will exist for commercial housing. Subsidies and awards must meet certain conditions before they can be obtained. All these together are the total compensation that the expropriated person can ultimately receive.

2. Compensation standards for the value of expropriated houses

Article 19 of the Regulations on Expropriation and Compensation of Houses on State-Owned Land stipulates that compensation for the value of expropriated houses shall not be lower than the market price of similar real estate of the expropriated houses on the date of announcement of the house expropriation decision. The “date of announcement of the house expropriation decision” here is the statutory assessment time point. "Market price of similar real estate" establishes the application of the "market comparison method" in house value evaluation.

3. Two important rules for assessing the value of expropriated houses

Article 19 of the Regulations on the Expropriation and Compensation of Houses on State-Owned Land stipulates that the value of the expropriated houses shall be assessed and determined by a real estate price assessment agency with corresponding qualifications in accordance with the house expropriation assessment method. If you have any objection to the value of the expropriated house determined by the assessment, you may apply to the real estate price assessment agency for a review of the assessment. If you have any objection to the review result, you may apply to the Real Estate Price Appraisal Expert Committee for appraisal. That is, the two direct remedies for assessment are to apply for review and to apply for expert appraisal.

Article 20 of the "Regulations on the Expropriation and Compensation of Houses on State-Owned Land" stipulates that the real estate price assessment agency shall be selected by the expropriated person through negotiation; if the negotiation fails, it shall be determined by majority decision, random selection, etc. The specific method shall be formulated by the province, autonomous region, and municipality directly under the Central Government. The expropriated person has the right to choose the assessment agency, which is a very important key point to review whether the assessment process is legal.

4. Optional options for monetary compensation and property rights exchange

Article 21 of the Regulations on the Expropriation and Compensation of Houses on State-Owned Land stipulates that the expropriated person can choose monetary compensation or exchange of house property rights. If the expropriated person chooses to exchange the property rights of the house, the people's government at the city or county level shall provide the house for the property rights exchange, and calculate and settle the difference between the value of the expropriated house and the value of the house used for the property rights exchange with the expropriated person. The expropriated person’s right to choose the compensation method must be satisfied in accordance with the law.

5. Sign an expropriation compensation agreement

Article 25 of the Regulations on the Expropriation and Compensation of Houses on State-Owned Land stipulates that the house expropriation department and the expropriated person shall enter into a compensation agreement in accordance with the provisions of these Regulations regarding the compensation method, compensation amount and payment period, the location and area of the house used for property rights exchange, relocation fees, including resettlement fees or turnover houses, losses from production and business suspension, relocation period, transition method and transition period, etc. After a compensation agreement is concluded, if one party fails to perform its obligations under the compensation agreement, the other party may file a lawsuit in accordance with the law.

6. Make a decision on expropriation and compensation

Article 26 of the Regulations on House Expropriation and Compensation on State-Owned Land stipulates that if the house expropriation department and the expropriated person fail to reach a compensation agreement within the contract period specified in the expropriation compensation plan, or the owner of the expropriated house is unclear, the house expropriation department shall report to the city or county-level people's government that made the house expropriation decision in accordance with the provisions of these regulations, make a compensation decision in accordance with the expropriation compensation plan, and make an announcement within the scope of the house expropriation. If the expropriated person is dissatisfied with the compensation decision, he or she may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law.

Let me remind you here that a compensation agreement and a compensation decision cannot exist at the same time, that is, if a compensation agreement is signed, there will be no compensation decision. The compensation decision was made when a compensation agreement could not be signed.

7. Compensation first and then relocation

Article 27 of the Regulations on the Expropriation and Compensation of Houses on State-Owned Land stipulates that when implementing house expropriation, compensation should be paid first and then relocated. After the people's government at the city or county level that made the house expropriation decision provides compensation to the expropriated person, the expropriated person shall complete the relocation within the relocation period specified in the compensation agreement or the compensation decision. No unit or individual may use violence, threats, or violate regulations to interrupt water supply, heat supply, gas supply, power supply, road access, or other illegal means to force the expropriated persons to relocate. Construction units are prohibited from participating in relocation activities.

8. Apply to the court for compulsory execution in accordance with the law

Article 28 of the "Regulations" stipulates that if the expropriated person does not apply for administrative reconsideration or file an administrative lawsuit within the statutory period, and does not move within the period specified in the compensation decision, 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. This is commonly referred to as "judicial demolition" and is also the final step in urban house demolition.

The last thing the lawyer would like to remind the expropriated people is that what has been summarized above is the main and core content stipulated in the State Council Order No. 590. From it, it is not difficult to see the decisive significance of the three procedures of expropriation decision, expropriation compensation decision and house value assessment. The expropriation decision establishes the start of the project, the value assessment determines the amount of compensation, and the compensation decision points to judicial demolition. Therefore, grasping these three points is what most expropriated persons need to pay most attention to in practice. Whenever an expropriated person asks a lawyer: Which law related to demolition should I look at? We will all answer this: Look at State Council Order No. 590!