Yibin City House Demolition Compensation Standards

Legal analysis: Compensation for the expropriation of houses on state-owned land includes compensation for the value of the expropriated houses, relocation compensation, temporary residential resettlement compensation and compensation for non-residential production and business suspension losses. The expropriated person can choose monetary compensation or exchange of house property rights. The value of the expropriated house shall be assessed and determined by a real estate price appraisal agency with corresponding qualifications in accordance with the house expropriation assessment method.

Legal basis: "Regulations on the Expropriation and Compensation of Houses on State-Owned Land" Article 8 In order to protect national security, promote national economic and social development and other public interests, one of the following circumstances must If houses need to be expropriated, the city and county-level people's governments shall make house expropriation decisions:

(1) National defense and diplomatic needs;

(2) Energy, The needs of infrastructure construction such as transportation and water conservancy;

(3) Science and technology, education, culture, health, sports, environment and resource protection, disaster prevention and reduction, cultural relic protection, social welfare, etc. organized and implemented by the government The needs of municipal public utilities and other public institutions;

(4) The needs of the construction of affordable housing projects organized and implemented by the government;

(5) The needs of the government in accordance with the Urban and Rural Planning Law The need for the organization and implementation of relevant regulations to renovate old urban areas in areas with concentrated dilapidated buildings and backward infrastructure;

(6) The needs of other public interests stipulated in laws and administrative regulations.

Article 47 of the "Land Management Law of the People's Republic of China" When the state expropriates land, after approval in accordance with legal procedures, the local people's government at or above the county level shall announce it and organize its implementation.

If the local people's government at or above the county level plans to apply for land expropriation, it shall conduct an investigation into the current situation of the land to be expropriated and a social stability risk assessment, and shall include the scope of expropriation, the current status of the land, the purpose of expropriation, compensation standards, resettlement methods and social stability. Guarantees, etc. shall be announced within the township (town), village and villager group where the land is to be expropriated for at least 30 days, and the opinions of the rural collective economic organization whose land will be expropriated and its members, village committees and other stakeholders shall be listened to.

If the majority of members of rural collective economic organizations whose land has been expropriated believe that the land acquisition compensation and resettlement plan does not comply with the provisions of laws and regulations, the local people's government at or above the county level shall organize a hearing and conduct a hearing in accordance with the provisions of laws and regulations and the hearing The plan will be modified as appropriate.

The owner and user of the land to be expropriated shall register for compensation within the time limit specified in the announcement with the proof of real estate ownership. Local people's governments at or above the county level should organize relevant departments to calculate and implement relevant expenses, ensure that the amount is paid in full, and sign agreements with the owners and use rights holders of the land to be acquired on compensation, resettlement, etc.; if it is indeed difficult to reach an agreement individually, they should apply for Explain truthfully when expropriating land.

Only after the relevant preliminary work is completed, the local people's government at or above the county level can apply for land expropriation.