Government-enterprise disputes

As we all know, the compensation for houses on state-owned land in cities is based on the "Regulations on the Expropriation and Compensation of Houses on State-owned Land". However, the expropriation of houses on rural collective land is unclear because there are no corresponding administrative regulations. So, what will be the compensation results for houses on collective land when they face land expropriation?

1. Land compensation, resettlement subsidies, compensation for ground attachments and young crops. This model comes from the provisions of the "Land Management Law" and "Land Management Law Implementation Regulations". It is the initial compensation model in the field of rural collective land expropriation. 103010 Article 47 stipulates the calculation standards for land compensation and resettlement subsidies.

103010 has been promulgated and implemented for many years. With the development of society and the increase in living costs, these three types of land acquisition compensation fees have gradually been unable to maintain the original living standards of farmers. Therefore, the former Ministry of Land and Resources issued the "Land Management Law" in 2004. In order to solve outstanding problems such as low compensation standards, different prices for the same land, and greater arbitrariness, it added provisions for formulating a unified annual output value and comprehensive land prices in different regions.

However, this does not regulate the compensation for houses on homestead sites. According to legal provisions, compensation fees for ground attachments and young crops are stipulated by provinces, autonomous regions, and municipalities directly under the Central Government. Under this model, houses on homestead sites may only be compensated as ground attachments. For example, Jinan’s Land Management Law clearly stipulates the strict implementation of the resettlement policy of one household per house.

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If the house expropriation and demolition is carried out based on the area of the homestead, compensation will be based on the current compensation standards for ground attachments and young crops. If there is a legal real estate certificate, compensation will be based on the certificate area;
If there is no legal real estate certificate, the district government shall determine the construction area of the house in accordance with the law. The maximum building area shall not exceed 260 square meters. The excess part will not be compensated.

2. The house site compensation price was reset to the new price. In 2011, the General Office of the Central Commission for Discipline Inspection and the Ministry of Supervision issued the "Guiding Opinions on Improving the Land Acquisition Compensation and Resettlement System" The "Notice on Further Standardizing the Compensation for Housing Expropriation, Demolition and Resettlement on Collective Land" states that house demolition will be compensated according to the replacement cost of the building, and homestead expropriation will be compensated according to local land acquisition standards. The demolition compensation and government subsidies received by landless farmers can guarantee their purchase of houses with a reasonable living standard. Before the revision of laws and regulations such as the "Notice on Strengthening Supervision and Inspection to Further Standardize Land Acquisition and Demolition Behavior" and other laws and regulations, house demolition on collective land should be implemented in accordance with the spirit of the newly promulgated "Notice" (Order No. 590).

When the houses on the homestead are being built, farmers have invested a lot of capital costs. If the attachments on the farmland are completely equated with the houses where farmers live, it will definitely not comply with the principle of fair and reasonable expropriation and compensation. The houses on the homestead belong to the farmers who build the houses. Although the homestead belongs to the village collective, the right to use it is in the hands of the farmers.

Therefore, expropriating houses on homestead sites must not only compensate for the loss of houses, but also compensate farmers for lost homesteads. For example, the Land Management Law (currently effective and widely applied "Order No. 124") sets the compensation method for homestead expropriation and demolition as monetary compensation, housing resettlement, and separate approval of homestead sites in qualified areas.

103010 Article 14 stipulates that if monetary compensation is implemented for the demolition of houses on homestead sites, the demolisher shall pay compensation to the demolished persons. The evaluation rules for replacing the compensated houses with new prices and the calculation method for the location compensation price of the homestead sites shall be determined according to the replacement price of the demolished houses and the location compensation price of the homestead site and shall be formulated and announced by the Municipal Land and Housing Administration Bureau.

The calculation formula for this compensation method is provided in 103010. House demolition compensation price = homestead location compensation price and homestead area reset to new price. Homestead location compensation price = (local ordinary residential guide price - average replacement price of new houses) average resettlement area

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 the standards for collecting litigation attorney fees, you can consultHouse expropriation lawyerOne-to-one online consultation.