State compensation

Houses are of extraordinary significance to every Chinese. When it comes to expropriation and demolition, I can't help but estimate how much my house is worth. But because we don't know much about the relevant legal knowledge, we often feel confused when the expropriating party negotiates housing compensation with us. The result is that a few demolition parties take advantage of the loopholes, and the compensation standards are dominated by them.

So, does the demolition office have the final say on demolition compensation?
Compensation for expropriation and demolition of houses on state-owned land can be based on Article 17 of the Regulations on Expropriation and Compensation of Houses on State-owned Land: the compensation given to the expropriated persons by the municipal and county-level people's governments that make the decision on house expropriation includes:
(1) Compensation for the value of the expropriated house;
(2) Compensation for relocation and temporary resettlement caused by house expropriation;
(3) Compensation for losses caused by house expropriation.

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According to the relevant provisions of the Land Management Law, when land is expropriated, the expropriated party shall make compensation according to the original use of the expropriated land. Compensation for the expropriated cultivated land includes land compensation, resettlement subsidies and compensation for ground attachments and young crops.
The bottom line of housing compensation price shall be determined by the evaluation results of a real estate price evaluation agency with corresponding qualifications in accordance with relevant laws, regulations and industry management measures.

It is generally understood that the compensation price for house expropriation on state-owned land should not be lower than the normal sales price of the house at the legal time when the expropriation occurs.
Therefore, regarding compensation for demolition, it is not that the demolition party will give as much as it says it can, nor that the expropriated people will be given as much as they want. Rather, the country has a strict compensation system for land acquisition and demolition. Although the country does not have a unified compensation standard, the compensation standards in various places should be within the wide range stipulated by the state. All localities must compensate the expropriated people in strict accordance with relevant regulations.

In practice, if the demolishing party fails to implement land acquisition and demolition in accordance with corresponding laws and regulations, the demolished persons have the right to refuse to hand over the land.

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.