Beijing Yingtong Law Firm has focused on the protection of the rights and interests of private enterprises for many years. It has represented many corporate rights protection cases in the legal practice of rights protection in natural resources, mining, land, waters, territorial space, corporate equity, criminal defense, factory demolition, environmental protection shutdown, prohibition and vacation, etc., including large-scale real estate...
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Article author:Yingting Lawyers Group | Update time:2023-06-26 | Reading times:1408
With the rapid development of cities, many rural areas are facing house demolition. For farmers, when faced with demolition, they are concerned about the amount of compensation. The method of compensation directly affects the living standards of the people being demolished. The country also attaches great importance to this aspect and has introduced a series of expropriation and compensation policies. We have learned about the new regulations on demolition.
1. The "Expropriation Regulations" are called house expropriation, and its essence is the recovery of state-owned land use rights.
If there are no buildings or attachments on state-owned land, the provisions of the "Expropriation Regulations" also apply. The essence of collective land expropriation is to recover the collective land use rights.
Substantive requirements for local governments to make expropriation decisions include:
1. In line with the purpose of public interest;
2. Necessary and reasonable scope of collection;
3. Expropriation and construction projects comply with the national economic and social development plan, overall land use plan, urban and rural planning and special planning. The construction of affordable housing projects and the renovation of old urban areas should be included in the annual national economic and social development plans at the city and county levels;
4. Expropriation compensation and resettlement plan formulated in accordance with the law;
5. Carry out social stability risk assessment;
6. Compensation fees should be collected in full. 1, 2, and 4 have been explained before and will not be repeated here.
2. The national economic and social development plan refers to the overall outline of national or regional economic and social development and is a strategic guiding document.
The scientific formulation and implementation of national economic and social development plans is conducive to guiding the market to play a fundamental role in resource allocation and promoting the healthy development of the national economy and overall social progress.
Land use overall planning refers to the overall arrangement and layout of local governments at all levels for the development, utilization, management and protection of land in a certain area based on the requirements of sustainable socio-economic development and local natural, economic and social conditions. It is the basis for the state to implement land use control.
Free legal consultation on demolition lawyers' professional fields: legal services in rights protection of various types of houses and breeding farms and other building structures that are deemed to be illegal construction (illegal construction), expropriation and demolition of companies, enterprises, factories, and breeding farms, expropriation and compensation of houses on state-owned land, rural land expropriation and housing resettlement compensation, administrative agreements, etc. The scope of agency covers Beijing, Shanghai, Tianjin, Yunnan, Guizhou, Sichuan, Chongqing, Xinjiang, Qinghai, Gansu, Jilin, Liaoning, Shandong, Hebei, Henan, Hubei, Hunan, Shaanxi, Anhui, Jiangsu, Zhejiang, Jiangxi, Guangdong, Fujian, Hainan and other regions.
103010’s decision to expropriate real estate on state-owned land clarifies the substantive requirements for implementation of expropriation. The expropriated persons shall refer to local policies and demolition compensation regulations. If you have any relevant questions, please consult a lawyer in time and safeguard your legitimate rights and interests through legal procedures.
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 free one-on-one online consultation with a lawyer for demolition legal consultation.