mineral resources

Introduction to the article: Xiaoyangfang Village, Yizhuang Town, Daxing, Beijing, is located at the junction of Daxing, Tongzhou and Chaoyang Districts. This was once a famous logistics base in Beijing. Before the end of 2018, Yizhuang Town eliminated 40 enterprises in the base that did not meet the functional positioning of the capital, and the logistics base was officially vacated and transformed into a cultural and creative park. So, after the Jingnan Logistics Base is vacated and transformed, what compensation should the 40 vacating companies receive?

1. Basic compensation methods for enterprise vacation

(1) Basic compensation

(1) The compensation price can be negotiated between the two parties, or the compensation amount for house decoration can be determined through professional evaluation by an evaluation agency.

(2) Monetary compensation = appraised price of legally owned property + compensation amount for house decoration.

(3) The difference in compensation for vacating = the appraised price of the legally owned property + the compensation amount for house decoration – the appraised price of the house for which the vacated person obtains the property rights exchanged

(2) Resettlement compensation fee

(1) A compensation needs to be given to the vacated person and lessee, that is, resettlement compensation.

(2) Resettlement compensation = relocation subsidy + temporary resettlement subsidy + temporary resettlement subsidy beyond the transition period + compensation for losses due to production and business suspension

2. What compensation should be received for vacating an enterprise?

(1) The factory building is reset to a new one

The replacement price of a factory building is how much it costs to build it again after it is reset, including buildings, structures, and facilities. As long as the building meets the fixed form of the factory building, it should be calculated as a house.

(2) Compensation for losses caused by suspension of production and business

1. For enterprises that Yingting believes meet the reconstruction conditions, the suspension of production and business suspension compensation time shall be determined according to the reconstruction period determined by the evaluation agency. The compensation time for losses due to suspension of production and business operations of enterprises that do not meet the conditions for reconstruction shall be determined based on the time required for statutory liquidation.

2. For enterprises that meet the conditions for reconstruction, the compensation standard for losses due to suspension of production and business operations can be determined by referring to the average monthly production (operation) costs of the enterprise in the previous year and the expenditures for replacement of fixed assets, technical transformation, and resettlement of employees. For enterprises that do not meet the conditions for reconstruction, the compensation standard for losses from suspension of production and business operations shall be determined based on the actual losses caused by the enterprise's suspension of production and business operations, including the costs involved in resettling employees.

(3) Ancillary compensation such as relocation and decoration compensation

1. The equipment relocation, installation and debugging costs of the demolished persons will be compensated according to the assessed amount;

2. The equipment of the demolished persons that cannot be restored to use will be compensated based on the replacement price and combined into a new assessment.

3. The decoration compensation involved must be measured and evaluated by the evaluation agency to obtain the evaluation results.

(4) Machinery and equipment

Equipment can be divided into movable and immovable. Immovable equipment must also be reset to a new price. Compensation for movable machinery and equipment is included in the relocation costs.

Yingting reminds you:

1. If you want to obtain loss compensation for production and business suspension, first of all, the registered address and the actual business address must be consistent. It must be a legal enterprise with a business license, tax registration, tax records, and actual business activities, and a normal business enterprise.

2. According to the relevant laws and regulations of our country, the expropriated and demolished persons can file an administrative review within 60 days of receiving the expropriation decision, expropriation compensation decision and other specific administrative actions, and file an administrative lawsuit within 6 months. If your house is forcibly demolished, you must file a lawsuit to defend your rights within 6 months of knowing the date of demolition. Some relocated households will petition, but petitioning is not a legal channel, and no matter how long the petition lasts, it does not constitute a reason to interrupt the time limit for prosecution. Many people who were demolished were delayed in filing petitions and missed the statute of limitations. Even if they sued, the court would not accept it. Even if you find a lawyer, there is nothing you can do to help you! In practice, no matter how you report the situation to your superiors, report it to local staff, or visit everywhere, you can't actually solve the problem. What you only waste is your precious time to protect your rights and interests! If you are unable to reach an agreement with the expropriation and demolition party, please contact a professional expropriation and demolition lawyer as soon as possible to seek a solution.