Law firm introduction More》
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...
Law firm services
Law firm personnel More》
Visiting address More》
How will store demolition compensation be assessed?
Home page >> Business areas >> environmental shutdown
Article author：Yingting Lawyers Group | Update time：2022-11-10 | Reading times：981
Regarding the principles of store demolition compensation assessment, please read the following:
1. Principle of fairness. This principle requires real estate appraisers to take a neutral stance and propose a real estate value that is fair to the demolition parties. The appraisal agency and its appraisers shall abide by the following regulations: have no interest in the demolition parties; shall not undertake the demolition appraisal business of the appraisal agency's construction projects; always maintain an objective and impartial position, treat the demolition parties fairly, and treat all demolished persons and houses to be demolished in the same demolition project fairly; and shall not engage in any demolition parties with one party Malicious collusion with other parties to infringe upon the legitimate rights and interests of the other party involved in the demolition; strictly follow the assessment procedures, continuously improve the assessment technology, and use advanced assessment methods to improve the objectivity, fairness and efficiency of the assessment; enhance the transparency of the assessment work, proactively provide relevant assessment information to the parties involved in the demolition, and accept the supervision of the parties involved in the demolition.
1. Principle of fairness. This principle requires real estate appraisers to take a neutral stance and propose a real estate value that is fair to the demolition parties. The appraisal agency and its appraisers shall abide by the following regulations: have no interest in the demolition parties; shall not undertake the demolition appraisal business of the appraisal agency's construction projects; always maintain an objective and impartial position, treat the demolition parties fairly, and treat all demolished persons and houses to be demolished in the same demolition project fairly; and shall not engage in any demolition parties with one party Malicious collusion with other parties to infringe upon the legitimate rights and interests of the other party involved in the demolition; strictly follow the assessment procedures, continuously improve the assessment technology, and use advanced assessment methods to improve the objectivity, fairness and efficiency of the assessment; enhance the transparency of the assessment work, proactively provide relevant assessment information to the parties involved in the demolition, and accept the supervision of the parties involved in the demolition.
2. Principle of legality. This principle requires that demolition assessment should be conducted based on the legitimate rights and interests of the demolished persons. Legitimate rights and interests include legal property rights, legal use, legal disposal, etc. In terms of legal property rights, it should be based on real estate ownership certificates such as the "House Ownership Certificate", "House Sharing Rights Certificate" and "House Ownership Certificate" and documentary evidence that can confirm the title; in terms of legal use, it should be based on urban planning, land use and other controls; in terms of legal disposal, it should be based on the disposal methods allowed by laws, regulations or contracts.
3. Substitution principle. This principle requires that the demolition assessment results shall not significantly deviate from the normal value of similar real estate under the same conditions. Among them, similar real estate refers to real estate that is in the same location as the house being evaluated, and is the same or similar to the house being evaluated in terms of use, scale, building structure, grade, decoration, etc. The same location refers to the area where real estate is located that has a substitute relationship with the house being evaluated and will affect each other. In the actual evaluation, the appraiser can use the real estate that is closely related to the house being evaluated and has certain substitutes as a reference for evaluation, and make appropriate corrections based on the existing differences.
Warm reminder: Due to the different types and standards of compensation in different places and the complexity of land acquisition and demolition, the content of this article cannot be completely specific to your situation. To save you time, we recommend that you call our free lawyer service hotline 4000083855 or click the online consultation button on the website to communicate with our professional lawyers in a timely manner. We will answer your questions as soon as possible. You can also enter your phone number through the free telephone consultation on the right, and our lawyers will call you back for free to better help you solve the land acquisition and demolition problem. Beijing Yingting Law Firm’s free legal service platform for land acquisition and demolition
Previous article：What are the management measures for store demolition compensation?
Next article：Regulations on Compensation for Store Demolition
Recommended reading
- Mineral rights mortgage financing: a new financing path for private mining companies
- Should the government’s investment promotion agreement be scrapped at the drop of a hat? The law has your back!
- Mining in the name of land leveling? The Central Inspection Team is exposed! Mine bosses, please don’t step into this trap.
- Mining license renewal delayed? The new regulations stipulate that a reply must be made within 15 days
- New opportunities for administrative reconsideration: increased litigation winning rate, smoother rights protection channels
- Mineral rights mortgage financing: a new financing path for private mining companies
- Should the government’s investment promotion agreement be scrapped at the drop of a hat? The law has your back!
- Mining in the name of land leveling? The Central Inspection Team is exposed! Mine bosses, please don’t step into this trap.
- Are companies being fined too much for small things? Court: The punishment is inappropriate and must be corrected!
- New opportunities for administrative reconsideration: increased litigation winning rate, smoother rights protection channels
