State compensation

Recently, we have received many inquiries from expropriated persons and demolished people. Everyone is generally concerned about the low standards set by the state in the demolition compensation policy. Is there a reference range for compensation? In response to these questions, lawyers have answered them based on relevant laws and regulations:
1. Current living standards cannot be reduced
With the continuous development of economy and urbanization, people's living standards are getting higher and higher. This is a fact in the past and a trend in the future.

Demolition is a major event for the country and the people. It is to make people's lives better. In order to make society better, we cannot let the living standards of the demolished people drop.
Relevant laws and regulations and some relevant government documents point out that demolition compensation should ensure that the original living standards of the expropriated people are not reduced and that they have long-term living security.
2. Compensation for the value of expropriated houses

According to the "Regulations on Expropriation and Compensation", house compensation shall not be lower than the price of houses in the surrounding market, and the value compensation of expropriated houses shall not be lower than the market price on the date of announcement of the house expropriation decision. In order to better protect the legitimate rights and interests of the people and promote social fairness, the compensation price of houses should be consistent with that of nearby commercial houses.

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However, in actual operation, many tax collectors cannot do this. The compensation price of many houses is far lower than that of nearby commercial houses, which greatly reduces the quality of life of ordinary people.
If the compensation price does not meet the standard, and the living conditions and quality of life after expropriation do not meet expectations, please do not make do with it, and do not sign for demolition easily.

3. The order of compensation first and then demolition cannot be messed up.
National laws and regulations clearly stipulate that house expropriation should be compensated first and then relocated. This is to fully protect the interests of the expropriated people and avoid not being compensated after the house is demolished, or not being compensated in time, which will cause difficulties in life in the future. The order of compensation before relocation must not be messed up.
If the compensation is not in place, no matter what method the expropriating party uses, or whether it uses hard and soft tactics, it should not agree to sign for demolition and relocation.

We also have the right to require the expropriating party to pay compensation in advance
4. Compensation content standards for choosing different compensation methods
There are two compensation methods for house demolition: monetary compensation and property rights exchange. If you choose monetary compensation, the low compensation standard should be the compensation for the house construction cost and the land property rights change, and the low compensation standard should be one for the same lot.

In other words, the compensation for normal housing is less than 1:1, which is definitely unreasonable. We can ask for truly reasonable compensation for the temporary resettlement compensation and temporary resettlement subsidies increased from the date of expiration of the transition period, the collection compensation relocation subsidy, the increase in temporary resettlement compensation during the transition period, and the increase in temporary resettlement subsidies from the date of expiration of the transition period.

At the same time, the expropriated party should also provide relocation subsidies and a transition period.
When we encounter unfair treatment during the demolition process, the right thing to do is to consult a professional land acquisition lawyer as soon as possible, consult a lawyer when encountering confusion and problems, hire a lawyer promptly when encountering illegal treatment, trust the lawyer, cooperate with the lawyer to investigate and verify the case, and jointly obtain satisfactory results, making our life after demolition better!

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 with a lawyer from Yingting Administrative Litigation Law Firm for one-on-one online consultation.