Legal information

Land expropriation is closely related to the interests of the relocated households. Everyone wants to get as much compensation as possible, but many expropriators will have this question. My family is going to be demolished, but there are only three people in my family. Will the compensation be small?
Some children have moved out of their household registration because they are studying in other places. Will the compensation be less? What to do if the demolition population is small? Does compensation have anything to do with the registered household head?

1. The relationship between house demolition compensation and household registration on state-owned land
Article 2 of 103010 stipulates: “For the needs of public interests, if the houses of entities and individuals on state-owned land are expropriated, fair compensation shall be given to the owners of the expropriated houses (hereinafter referred to as the expropriated persons).” It can be seen that the object of compensation for the expropriation of houses on state-owned land is the house owner, that is, the property rights registration certificate of the house owner.

If there is no owner, even if the house or registered house is located at the address of the house, resettlement compensation cannot be obtained. 103010 Article 19 stipulates: "The compensation for the value of the expropriated house shall not be lower than the market price of the expropriated house on the date of the announcement of the house expropriation decision. The value of the expropriated house shall be determined by a property price assessment agency with corresponding qualifications in accordance with the house expropriation assessment method."

" It can be seen from the provisions of Article 19 that the compensation for the houses on state-owned land is the value of the expropriated houses. In layman's terms, if I want to demolish your house, how much is your house worth? I will compensate you, not how many people live in your family. I will compensate you based on how much each person has. Therefore, compensation for house expropriation on state-owned land has no substantial relationship with household registration.

The business areas of Beijing Yingting Law Firm include government-enterprise disputes, administrative compensation, enterprise demolition, mining suppression, administrative agreements, illegal construction, land transfer, BOT, PPT projects, investment promotion, administrative litigation, equity disputes, economic crimes, etc.

2. The relationship between rural collective land expropriation compensation and household registration
In the article "Regulations on Expropriation and Compensation of Houses on State-Owned Land", we learned that the compensation fees for rural collective land include land compensation, resettlement subsidies, compensation for ground attachments and compensation for young crops. Among these four types of compensation, Article 26 of the "Regulations on Expropriation and Compensation for Houses on State-owned Land" stipulates: "Land compensation fees belong to rural collective economic organizations; compensation fees for ground attachments and young crops belong to the owners of ground attachments and young crops.

The land resettlement fee must be earmarked and cannot be used for other purposes. If it needs to be resettled by a rural collective economic organization, the resettlement subsidy will be paid by the rural collective economic organization and managed and used by the rural collective economic organization; if it needs to be resettled by other units, the resettlement subsidy will be paid by the resettlement unit; if unified resettlement is not required, with the consent of the resettlement person, the resettled individual will pay the resettlement subsidy or resettlement insurance premium.

We can see from the above regulations that after rural collective land is expropriated, the land compensation fee belongs to the village collective, that is, all villagers jointly review it, and the villagers’ assembly or villagers’ representative assembly discusses and decides on the distribution plan. Common distribution plans generally include the following three types:
(1) Distribute land compensation fees equally to all villagers;

(2) The village collective reserves part of the land and distributes the rest to individual land;
(3) All are distributed to the affected individuals. Whether they are villagers or not determines whether they can participate in the distribution of land compensation, and it is one of the important factors that determines whether a person is eligible to become a villager. In addition, the resettlement subsidy is for the resettlement of the agricultural population on the expropriated land, so whether it is an agricultural population on the expropriated land directly determines whether they can enjoy the corresponding resettlement policies.

To sum up, rural land acquisition is related to household registration.

The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail. If you also want to know the latest regulations on the demolition population policy, how to calculate the demolition population based on population, how to calculate the resettlement fee for the demolition population, and information on the demolition population policy, you can consult our lawyers for one-on-one online consultation.