How does the government compensate for the coal mining subsidence area and house demolition in Shanxi?

Compensation shall be made in accordance with the Regulations on Expropriation and Compensation of Houses on State-owned Land. Demolition compensation can be monetary compensation, housing property rights exchange, or a combination of monetary compensation and property rights exchange.

1. Monetary compensation Monetary compensation refers to the professional evaluation of the demolished houses by professional evaluation institutions according to different legal basis, thus generating a well-documented multiple compensation amount. The following are three legal evaluation bases: (1) Market evaluation price: refers to the real estate market price of the house to be demolished, which is a professional evaluation institution that meets the requirements, follows the evaluation principle, selects an appropriate evaluation method according to the evaluation procedure, comprehensively analyzes the factors affecting the real estate price, and evaluates and judges the objective and reasonable price or value of the real estate at the evaluation time. (2) Average transaction price of commercial housing: refers to the average transaction price of ordinary residential commercial housing in the same region and type, which is regularly summarized, calculated and published by relevant departments every quarter. (3) Replacement price: refers to the normal price for rebuilding a brand-new building with the same function and use as the appraised object, which is determined by the appraisal institution using the building materials and technologies at the appraisal time according to the price level at the appraisal time. The above three prices are the legal basis for compensation for demolition, but they have different uses and are applicable to different situations.

2. Property right replacement (1) Property right replacement is also called property right replacement. According to different evaluation methods, there are two alternative methods. Value standard property right replacement: refers to the evaluation of the property right value of the demolished house according to legal procedures, and then the equivalent replacement of the value with the property right of the newly-built house. Area standard property right exchange: refers to the property right exchange in different places based on the building area and without settlement of the price difference within the area to be resettled. (2) Property right replacement is divided into two forms: resettlement in different places: it means that because the developer's project does not involve housing or because of the plot ratio of the plot, it is impossible to move back and resettle, so we can only choose to build resettlement houses on other plots, and then try our best to achieve equivalent property right replacement through the increase or decrease of property rights. Relocation and resettlement: refers to the relocation and resettlement of the developer's demolition and reconstruction project, which can be completed through the proportion of property rights replacement. Attachment: At present, all major cities in China have stipulated the minimum per capita area of demolition compensation. For example, the minimum per capita area in Shanghai is 22m2, so it is necessary to demolish and resettle.

3. Combination compensation, as the name implies, refers to both monetary compensation and property right replacement. Due to many objective factors such as China's urbanization process, housing prices and land prices are artificially high, which leads to many problems that cannot be solved by monetary compensation or property rights replacement alone, so a compensation method combining monetary compensation and property rights replacement has emerged.

Referring to the provisions of Article 17 of the Regulations on Expropriation and Compensation of Houses on State-owned Land, the compensation given to the expropriated people by the people's government at the city or county level that made the decision on house expropriation includes: (1) compensation for the value of the expropriated house; (two) relocation compensation and temporary resettlement caused by the expropriation of houses; (3) Compensation for losses caused by expropriation of houses. The people's governments at the city and county levels shall formulate measures for subsidies and incentives, and give subsidies and incentives to the expropriated people. Article 18 stipulates that if the individual residence is expropriated and the expropriated person meets the housing security conditions, the people's government at the city or county level that made the decision on house expropriation shall give priority to housing security. Specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.

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legal ground

Article 17 of the Regulations on Expropriation and Compensation of Houses on State-owned Land The compensation given to the expropriated person by the people's government at the city or county level that made the decision on house expropriation includes: (1) compensation for the value of the expropriated house; (two) relocation compensation and temporary resettlement caused by the expropriation of houses; (3) Compensation for losses caused by expropriation of houses. The people's governments at the city and county levels shall formulate measures for subsidies and incentives, and give subsidies and incentives to the expropriated people.