Legal information

Compensation is related to the vital interests of the demolished people. As the demolished households, they are concerned about the amount of compensation, especially those who choose monetary compensation. They are concerned about how much compensation they can get, including compensation fees. Although there is no specific amount stipulation on how much money the demolished people can get, the law stipulates specific compensation standards.

103010 Article 19 stipulates that the compensation for the value of the expropriated house 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. Article 22 stipulates that if the house is relocated due to expropriation, the house expropriation department shall pay the relocation fee to the expropriated person; if the house property rights exchange is chosen, before the property rights exchange house is delivered, the house expropriation department shall pay the temporary resettlement fee to the expropriated person or provide a turnover room.

Article 23 stipulates that compensation for losses caused by the suspension of production and business due to house expropriation shall be determined by provinces, autonomous regions, and municipalities directly based on factors such as the benefits before the house is expropriated, the period of production and business suspension, etc. The expropriation department shall pay various compensations to the owners or users of the demolished houses in accordance with the prescribed standards.

Generally speaking: 1. The house compensation fee (house replacement fee) is used to compensate the owners of the demolished houses for their losses. It is graded according to the structure and depreciation degree of the demolished houses and is calculated based on the unit price per square meter. 2. The turnover compensation fee is used to compensate the tenants of the demolished houses for the inconvenience caused by temporary living or temporary accommodation.

Classified according to temporary living conditions, monthly subsidies are provided based on the population of the tenants of the demolished houses. 3. Incentive compensation fees are used to encourage residents of demolished houses to actively assist in house demolition or voluntarily give up some of their rights, such as voluntarily moving to the suburbs or not requiring the demolition units to resettle their houses. The standard of house demolition compensation shall be determined by the local people's government based on local actual conditions and relevant national laws and policies.

The formula for calculating the homestead location compensation price and the replacement price of the demolished houses is: the demolished house compensation price = the homestead location compensation price and the replacement price of the demolished houses within the homestead area. The above are the compensations that the demolished people can get during demolition. These compensations cannot be less, otherwise it will be illegal demolition, and the demolished people can refuse to sign.

When encountering unreasonable compensation, the demolished people must not be careless and must immediately consult a professional land acquisition and demolition rights lawyer. Under the guidance of the lawyer, they can reasonably defend their rights and strive for satisfactory compensation.

The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail. If you want to know more about this, you can consult a lawyer on this site for one-on-one online consultation.