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Article author:Yingting Lawyers Group | Update time:2023-07-07 | Reading times:333
1. During rural demolition, in addition to houses, land compensation for homesteads, paddy fields, cultivated land, etc. is also involved. According to regulations, the compensation for homesteads in demolition compensation belongs to the village collective, and rural households without houses or households who are members of the village collective organization have the right to jointly enjoy the compensation for homesteads owned by the village collective.
2. Compensation for contracted farmland and cultivated land.
During demolition, rural households without houses can receive compensation for farmland and cultivated land, including seedling subsidies, etc.
3. Resettlement fee. Houseless households do not have houses in rural areas, but are members of village collective organizations. They also need to be resettled during rural demolition, so they can receive resettlement fees.
The lawyers of Beijing Yingting Law Firm focus on administrative litigation and rights protection cases of medium and large enterprises, and have boldly explored and summarized a number of unique methods for resolving government-enterprise disputes and administrative litigation cases. They have solved the problems of government-enterprise disputes for many medium-sized and large enterprises, successfully improved the benefits due to administrative counterparts in accordance with the law, and have won the trust of the majority of business owners.
Compensation for demolished households without houses is as follows:
1. House compensation fees are used to compensate the owners of the demolished houses for their losses, and are calculated based on the unit price per square meter based on the structure and depreciation level of the demolished houses;
2. The house demolition compensation price is equal to the housing site location compensation price multiplied by the housing site area plus the resettlement of the demolished houses to the new price;
3. Monetary compensation for house demolition is equal to the legal increase in real estate appraisal price and the compensation amount agreed upon for house decoration;
4. The house demolition resettlement fee is equivalent to an increase in relocation subsidy, no temporary resettlement subsidy is provided for turnover houses, temporary resettlement subsidy beyond the transition period, and compensation for loss of non-residential housing caused by suspension of production and business;
5. Compensation for losses caused by suspension of production and business due to house expropriation.
People's governments at the municipal and county levels should formulate subsidies and incentive measures to provide subsidies and rewards to expropriated persons. Legal basis: Article 6 of the "Urban Real Estate Management Law of the People's Republic of China". For the needs of the public interest, the state may expropriate houses of entities and individuals on state-owned land and provide demolition compensation in accordance with the law to safeguard the legitimate rights and interests of the expropriated persons; when expropriating personal residences, the living conditions of the expropriated persons shall also be guaranteed.
Specific measures shall be stipulated by the State Council. Article 7 The construction administrative department and land management department of the State Council shall, in accordance with the division of functions and powers stipulated by the State Council, perform their respective duties and cooperate closely to manage the national real estate work. The institutional structure and powers of the real estate management and land management departments of local people's governments at or above the county level shall be determined by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government. If you want to know more about this, you can consult a lawyer on this site for one-on-one online consultation.
The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail.
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