Legal problems of rural land demolition

Article 1 These Measures are formulated in accordance with the Land Administration Law of the People's Republic of China and other relevant laws and regulations, combined with the actual situation of this Municipality, in order to strengthen the management of collective land house demolition, safeguard the legitimate rights and interests of the demolition parties and ensure the smooth progress of urban and rural construction.

Article 2 Within the administrative area of this Municipality, these Measures shall be applicable to the demolition of houses due to the expropriation of collective land for national construction (hereinafter referred to as land requisition) or the occupation of collective land for rural construction (hereinafter referred to as land occupation), which requires compensation and resettlement for the demolished people. Land acquisition and demolition of houses outside the homestead shall be carried out in accordance with the relevant provisions of this Municipality.

Article 3 The term "demolisher" as mentioned in these Measures refers to the land unit that has been approved by law to requisition and occupy collective land and obtained the house demolition permit. The term "demolished person" as mentioned in these Measures refers to the unit or individual who owns the house to be demolished.

Article 4 The Municipal Bureau of Land Resources and Housing Management (hereinafter referred to as the Municipal Bureau of Land Resources and Housing Management) is in charge of the management of collective land and housing demolition in this Municipality; The District and County Land Resources and Housing Authority (hereinafter referred to as the District and County Land and Housing Authority) shall be responsible for the management of collective land and housing demolition within their respective administrative areas.

Article 5 The people's governments of districts and counties and the people's governments of townships (ethnic townships) and towns shall, in accordance with the responsibilities stipulated in these Measures, do a good job in the management of house demolition within their respective administrative areas.

Sixth people should be taken in accordance with the provisions of these measures for compensation and resettlement. The person to be demolished shall complete the relocation within the prescribed relocation period.

Chapter II Demolition Management

Seventh land units to obtain housing demolition permit, before the implementation of demolition.

Article 8 After obtaining the approval documents for land acquisition or land occupation, the land-using unit may apply to the District and County Bureau of Land and Housing Management for suspending the following matters within the land use scope:

(a) the new batch of homestead and other construction land; (two) to approve the construction, renovation and expansion of houses; (three) registered permanent residence and household registration, except for reasons such as marriage, childbirth, returning to China, demobilized soldiers, being approved by other provinces and cities to take refuge in immediate family members, being released from prison, and being released from reeducation through labor; (4) Issuing business licenses for industry and commerce; (five) housing and land lease; (6) Changing the use of houses and land. After the district/county land and housing authority approves the application of the land use unit, it shall notify the relevant departments in writing to suspend the relevant procedures for the matters listed in the preceding paragraph, and make an announcement within the scope of land use. The notice and announcement shall specify the scope of demolition, suspension matters and suspension period. The suspension period shall be calculated from the date of announcement, and the longest period shall not exceed 1 year. Land units need to extend the suspension period, it shall be reported to the District and County Bureau of Land and Housing Management for approval, and the extension period shall not exceed half a year. During the suspension period, if the matters listed in the first paragraph of this article are handled without authorization, the house demolition will not be recognized.

Ninth land units to apply for the issuance of housing demolition permits, shall submit the following documents to the district and county land management bureau where the house is located:

(a) land use approval documents; (two) planning approval documents; (three) the demolition implementation plan; (four) documents certifying the compensation funds for housing resettlement or demolition. District and county Guotufangguan Bureau shall complete the audit within 30 days from the date of accepting the application; To meet the conditions, the housing demolition permit will be issued, and the demolition, demolition scope and relocation period will be announced to the demolition.

Tenth land acquisition and demolition of houses on the homestead, the demolition implementation plan by the demolition in accordance with the provisions of the third chapter of these measures and the approved land acquisition plan, submitted to the district and county land management bureau for approval before implementation. The demolition of houses covers an area, and the demolition implementation plan shall be prepared by the demolition person, audited by the township (ethnic township) and town people's government, and implemented after being reported to the district and county land and housing management bureau for the record; Among them, the old village demolition implementation plan should be discussed and approved by the villagers' meeting or the villagers' representative meeting, and then submitted to the township (ethnic township) and the town people's government for approval. The demolisher shall announce the demolition implementation plan within the scope of demolition, and the publication period shall not be less than 10 days.

Eleventh demolition and demolition shall sign a written agreement on compensation and resettlement for house demolition. The agreement shall stipulate the compensation and resettlement methods and standards, the relocation period, the liability for breach of contract, etc.

Twelfth in the relocation period announced by the District and County Bureau of Land and Housing Management, the demolition and relocation of people did not reach an agreement on compensation and resettlement, upon the application of one or both parties, the District and County Bureau of Land and Housing Management will make a ruling. If the person who has been demolished refuses to relocate after the expiration of the relocation period stipulated in the ruling, and the house on the homestead is demolished by land acquisition, the district/county Guotufangguan Bureau shall apply to the people's court for compulsory execution; In case of house demolition, the parties concerned shall bring a civil lawsuit to the people's court according to law.

Chapter III Compensation and Resettlement for Demolition

Thirteenth demolition of houses on the homestead, monetary compensation or housing placement can be implemented, and areas where conditions permit can also examine and approve the homestead separately.

Fourteenth demolition of houses on the homestead monetary compensation, the demolition should pay compensation to the demolition. Compensation is determined according to the replacement price of the demolished house and the location compensation price of the homestead. The evaluation rules for the replacement of houses with new prices and the calculation method for the compensation price of homestead location shall be formulated and published by the Municipal Bureau of Land and Housing Management. In accordance with the provisions of the preceding paragraph, monetary compensation shall be given to the people who have been demolished, and housing placement shall not be carried out or the homestead shall be approved separately.

Fifteenth houses on the homestead were demolished and placed on state-owned land, the demolition and demolition should be determined in accordance with the provisions of the first paragraph of Article 14 of these measures, and the price difference with the housing market assessment; However, in accordance with the provisions of the Municipal People's Government, except those who have affordable housing. Rural collective economic organizations or villagers' committees, as residents, carry out demolition and resettle residents in houses within the scope of collective construction land. After discussion and approval by villagers' meetings or villagers' representatives' meetings and reported to the township (ethnic township) or town people's government, resettlement can be carried out according to the construction area of the house to be demolished, or in combination with the family population of the residents to be demolished. Other residents who entrust rural collective economic organizations or villagers' committees with resettlement may refer to the provisions of the second paragraph of this article.

Sixteenth rural collective economic organizations or villagers' committees to build resettlement houses on collective land shall conform to the urban planning, the overall land use planning and the annual plan, and obtain land use and planning permission according to law.

Article 17 Rural collective economic organizations or villagers' committees, as the people to be demolished, can demolish the houses on the homestead. Where conditions permit, they can separately examine and approve the houses built on the homestead by the people to be demolished in accordance with the provisions of land management laws, regulations and rules, and compensate the houses to be demolished at the replacement price. Other residents who entrust rural collective economic organizations or villagers' committees with resettlement may refer to the provisions of the preceding paragraph.

Eighteenth demolition compensation to determine the homestead area should be approved according to law, and does not exceed the control standards. Homestead without legal approval shall not be recognized. The part of the homestead approved according to law that exceeds the control standard shall not be compensated; However, if the homestead approved according to law before 1982 exceeds the control standard, appropriate compensation may be given in accordance with the provisions of the district and county people's governments. The control standard of the homestead area of each household shall be implemented in accordance with the standards determined by the district and county people's governments according to Article 6 of the Provisions of the Beijing Municipal People's Government on Strengthening the Management of Rural Villagers' Housing Land.

Nineteenth demolition compensation in the homestead to determine the housing construction area, with the housing ownership certificate marked area shall prevail; Without obtaining the ownership certificate of the house, but with the construction documents approved by the planning administrative department, it shall be determined according to the approved construction area. Before the implementation of these measures, the houses that have been built on the homestead have not obtained the house ownership certificate and the approval documents of the planning administrative department, but if they are really occupied by residents for a long time, they shall be given appropriate compensation. Belonging to the land acquisition and demolition of houses, the compensation standard shall be determined by the township (ethnic township) and the town people's government according to the local actual situation, and shall be implemented after being approved by the district or county people's government; Belonging to house demolition, the compensation standard shall be determined by the rural collective economic organizations or villagers' committees, and shall be implemented after being reported to the township (ethnic township) and the town people's government for approval. After the implementation of these measures, the newly built, rebuilt and expanded houses on the homestead will not be recognized when they are demolished without obtaining the certificate of ownership of the houses or the approval documents of the planning administrative department.

Twentieth rural villagers meet the conditions for the examination and approval of homestead, but they have not actually obtained homestead, and it is indeed difficult to resettle according to the implementation plan of demolition. The person to be demolished shall give appropriate subsidies in accordance with the provisions of the district and county people's governments. However, unless the demolition implementation plan determines to compensate and resettle the homestead by means of separate examination and approval.

Twenty-first compensation for the demolition of houses outside the homestead shall be implemented with reference to the relevant provisions of land acquisition and demolition.

Twenty-second of the use of their own houses in the homestead to engage in production and business activities and hold a business license, in addition to compensation and resettlement in accordance with the provisions of these measures, the demolition should also be appropriate compensation for economic losses caused by the suspension of production and business. Among them, the compensation standard for economic losses caused by land acquisition and demolition shall be stipulated by the district and county people's governments; The compensation standard for economic losses caused by the demolition of occupied houses shall be stipulated by the people's governments of townships (ethnic townships) and towns, and shall be reported to the people's governments of districts and counties for the record.

Twenty-third demolition should be taken to pay relocation subsidies. Relocation subsidies for land acquisition and demolition shall be stipulated by the district and county people's governments; The relocation subsidy for the demolition of houses occupied by residents shall be stipulated by the people's governments of townships (ethnic townships) and towns and reported to the people's governments of districts and counties for the record.

Twenty-fourth demolition of illegal buildings and temporary buildings exceeding the approved period shall not be compensated; The demolition of temporary buildings that have not exceeded the approved period shall be appropriately compensated according to the replacement price and the remaining period.

Chapter IV Legal Liability

Twenty-fifth in violation of the provisions of article seventh of these measures, without obtaining the permit for house demolition, the municipal or district/county land and housing authority shall order it to stop the demolition and impose a fine of more than 30000 yuan 10000 yuan.

Article 26 The Municipal, District and County Bureau of Land and Housing Management, in violation of these measures, issues house demolition permits and other approval documents, fails to perform supervision and management duties after issuing house demolition permits and other approval documents, or fails to investigate and deal with illegal acts, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law; If the situation is serious, causing heavy losses to public property, the interests of the state and the people, which constitutes a crime, criminal responsibility shall be investigated according to law.

Chapter V Supplementary Provisions

Twenty-seventh due to the construction of water conservancy and hydropower projects, the construction of green isolation zones, the relocation of farmers in poor mountainous areas and the relocation of collective land and houses due to geological disasters, these measures are not applicable.

Twenty-eighth the implementation since August 6, 2003.