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...
Home page >> Business areas >> State compensation
Article author:Yingting Lawyers Group | Update time:2023-06-14 | Reading times:636
In the past, the state's road construction was usually based on the actual situation at that time. But we are in an era of rapid national development. With the development of society, the roads originally built can no longer meet the current needs, so it is necessary to expand the roads. We all know that when people build houses, they like to be on the roadside, so it is inevitable to expropriate houses for road expansion.
So what is the compensation standard for house expropriation in this case? Housing compensation should follow the principles of democratic decision-making, due procedures, and open results. Municipal and county people's governments are responsible for housing expropriation and compensation within their own administrative regions. China's latest state-owned land demolition (expropriation) compensation regulations, the "Regulations on House Expropriation and Compensation on State-owned Land", were adopted by the 141st executive meeting of the State Council on January 19, 2011.
Compensation standards for land occupation | Compensation for land occupation for village road construction | Compensation standards for occupied housing | How to calculate compensation for land acquisition | Use of compensation for land acquisition | Compensation standards for occupied houses
On January 21, 2011, Premier Wen Jiabao signed State Council Order No. 590, announcing the implementation of the new regulations. According to the new regulations, compensation for expropriated persons includes compensation for the value of expropriated houses, compensation for relocation and temporary resettlement, compensation for losses due to production and business suspension, subsidies and incentives. Compensation for the value of expropriated houses shall not be lower than the market price of similar real estate.
In addition to compensating eligible expropriated people, priority should also be given to housing security. The new regulations attach great importance to the compensation of expropriated people and strive to implement expropriation on the basis of satisfying the expropriated people. In this way, the resistance of expropriated people to low-compensation demolition in the past will be reduced, and the resistance to expropriation will also be reduced. Since the conditions and standards in different places are different, it is recommended to refer to local government propaganda documents.
Compensation means that when the house expropriation department itself or the entrusted house expropriation implementation unit expropriates the houses of units and individuals on state collective land, it shall provide fair compensation to the owners of the expropriated houses in accordance with the provisions of my country's collective land and state-owned land housing demolition compensation standards, that is, the compensation standards for the above-mentioned road expansion houses, but at the same time, local policies shall prevail.
If you have any objections to the demolition compensation standards or the demolition compensation and resettlement agreement, please consult a Beijing lawyer as soon as possible.
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.
Previous article:What procedures are required for house demolition, and what are the conditions for demolition?