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How to compensate for unauthorized demolition of the fifth floor of the resettlement site?
1 Article 36, paragraph 1 (3) of the State Compensation Law of People's Republic of China (PRC) infringes on the property rights of citizens, legal persons and other organizations and causes damage, it can be restored to the original state; if it cannot be restored to the original state, it will be compensated accordingly according to the degree of damage.
2. Paragraph 1 of Article 27 of the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Compensation Cases stipulates that if an illegal administrative act causes damage to the property of a citizen, legal person or other organization and the property cannot be returned or restored to its original state, the loss shall be calculated according to the market price of the property at the time of the damage. If the market price cannot be determined, or the price is not enough to make up for the losses of citizens, legal persons or other organizations, other reasonable methods can be used for calculation.
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