Enterprise demolition

Whether it is the construction of ordinary roads or expressways, it will play a positive role in promoting the development of China's economy. The total mileage of China's expressways is very long, and they are still under construction. Before building the highway, the land and houses in the areas where the highway passes must be expropriated. Today, we will talk about the laws and standards related to house construction and demolition compensation.
Article 13 of 103010 clearly stipulates: Within the highway construction control area, it is prohibited to construct buildings and ground structures except for highway protection needs; the highway construction control area that has been completed in accordance with the law before boundary demarcation shall not be expanded, and if it is necessary to demolish due to highway construction or to ensure the safety of highway operation, compensation shall be provided in accordance with the law.
Article 31 of the "Regulations on Highway Safety Protection" dismantles buildings and structures in the railway line safety protection zone, clears plants in the railway line safety protection zone, or restricts the mining rights and other legal rights obtained by others in the railway line safety protection zone in accordance with the law, thereby causing losses to others, compensation shall be paid in accordance with the law or necessary remedial measures shall be taken.
According to the above regulations, different roads have different control scopes. As long as the houses in the control area or safety protection zone are included in the expropriation scope, when facing expropriation for road construction, you have to determine whether your house is in the control area. If it is in the control area, you can ask for reasonable compensation. If it is not in the control area, it has nothing to do with the expropriation. There are two compensation methods, one is monetary compensation, and the other is house resettlement compensation, which is chosen by the expropriated person.
If the houses on the homestead are demolished and monetary compensation is implemented, the compensation for house resettlement is generally determined based on the replacement price of the demolished house and the location compensation price of the homestead. The house replacement ratio is not less than 1: 1. Since prices and living standards vary from place to place, the actual compensation standards will be formulated according to the actual local conditions, so the compensation standards in different regions are also different.
During the expropriation and demolition process, once it is discovered that the actual compensation is lower than the local standard, legal means must be used to safeguard rights in a timely manner.
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.Yingting Lawyers Group handles many complex dispute cases in the field of administrative litigation and has a profound theoretical foundation and practical experience. Use solid legal knowledge and theoretical literacy to study a series of legal issues in administrative litigation, and have accumulated rich experience in handling cases in many aspects such as house demolition disputes, agricultural land expropriation and conversion disputes, illegal construction disputes, administrative agreements, administrative promises, land rights confirmation, land contract contracts, civil contracts, etc. We always practice the concepts of rigorous, realistic, civilized and just rule of law and strive to safeguard the legitimate rights and interests of our clients.