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Compensation standard for relocation of subsidence area
1, the building does not exceed 130 yuan per square meter;
2. Brick wall tile houses, stone wall tile houses and houses with the same cost shall not exceed 100 yuan per square meter;
3. Brick-inlaid doors and windows with adobe walls at four corners, brick-lined mixed walls and houses with the same cost shall not exceed 90 yuan per square meter;
4. Dry-inserted stone-walled straw houses, adobe-walled straw houses and houses with the same cost shall not exceed 80 yuan per square meter;
5, the village water, electricity, roads and other public facilities construction costs, not more than fifteen percent of the total compensation for house demolition.
Second, determine the compensation standard "Regulations on Coal Pillar Design and Coal Mining in Buildings, Water Bodies, Railways and Main Roadways" (hereinafter referred to as "Three Conditions Mining Regulations") stipulates that the damage grade standard of brick-concrete structure houses with a length of less than 20 meters. In practice, the damage grade is usually determined by the crack width of the wall and the crack size of the natural brick wall. Therefore, it is necessary to comprehensively and objectively evaluate the cracks, inclination, deformation and damage of the main structural parts that damage the appearance of rural houses. Because it is not feasible to determine the damage level by taking the natural room as the unit in the compensation process, in order to facilitate the treatment, the damage level will be evaluated by taking the whole building as the unit in the evaluation process. According to the "Three Rules for Coal Mining", the compensation fee should be calculated according to the damage degree of the house (compensation ratio), construction area, service life (depreciation coefficient), engineering cost of the corresponding structure and other factors. At present, according to the author's handling practice,
There are two compensation modes:
1, comprehensive contract compensation mode of village committee. The determination of the total compensation for cracking of private houses should be guaranteed to be in place at one time and cashed by the village Committee and villagers. When calculating compensation expenses, various methods should be adopted. For example, if there is little difference in the housing structure and area of each household in the village, it is necessary to reasonably determine the damage degree, housing cost, area, depreciation coefficient and other factors in accordance with the "Three Rules for Coal Mining", determine the average compensation amount of each household, and negotiate with the villagers about the total compensation fee. In addition, building households and flat households can also make statistics separately to determine the total compensation of building households and flat households respectively. Although this method does not accurately calculate the amount of compensation for each household, the village Committee is responsible for organizing the payment after the total cost is determined. For coal enterprises, it can reduce many contradictions and disputes caused by determining the specific compensation cost of each household.
2. According to the appraisal conclusion, calculate the housing area of each household. During the survey, one meter for each household shall be signed by the householder and surveyors, and the building structure (building and bungalow), construction year, damage grade and area shall be recorded. After the field measurement, the measurement results are sorted, registered and statistically summarized to determine the compensation amount and total cost of each household. This method is clear and convincing when calculating the compensation for each household, but it needs to be explained by each household. Village relocation in coal mining subsidence area is a complex, arduous and long-term systematic project. In the process of relocation, it will involve a series of work, such as new village site selection, land expropriation, population verification, three links and one leveling of new village site, compensation for ground attachments, land disposal of old village site and so on. This requires coal enterprises to coordinate with the government, natural resources and planning, housing and urban and rural construction.
legal ground
People's Republic of China (PRC) Civil Code
Article 179 Anyone who infringes upon others and causes personal injury shall pay compensation for medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital food subsidies and other reasonable expenses for treatment and rehabilitation, as well as the income reduced due to absenteeism. If it causes disability, it shall also compensate for the cost of assistive devices and disability compensation; If death is caused, funeral expenses and death compensation shall also be paid.
People's Republic of China (PRC) coal law
Eighteenth coal mine construction land use, in accordance with the provisions of relevant laws and administrative regulations. If land is expropriated, the land compensation fee and resettlement compensation fee shall be paid according to law, and the resettlement work of the residents to be demolished shall be done well. Coal mine construction should implement the principle of protecting cultivated land and making rational use of land. The local people's governments shall give support and help to the legal use of land for coal mine construction and the relocation of residents.
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