Is the compensation method for demolition valid?

According to the Land Management Law of the People's Republic of China, the Regulations for the Implementation of the Land Management Law of the People's Republic of China, the Measures for the Implementation of the Land Management Law of the People's Republic of China in Hunan Province and other laws, regulations and relevant provisions, combined with the actual situation of our city, these measures are formulated. Article 2 These Measures shall apply to the expropriation and requisition of collective construction land within the administrative area, which involves compensation and resettlement for house demolition. After the members of the collective economic organizations are converted into urban residents due to the land expropriation system of the collective economic organizations, the remaining land needs to be used for construction, which involves compensation and resettlement for house demolition, with reference to these measures. The State Council and the provincial people's government have other provisions on compensation and resettlement for housing demolition in infrastructure construction such as highways, railways, water conservancy and hydropower, from which provisions shall prevail. Third people's governments at all levels should strengthen the leadership of the compensation and resettlement work for house demolition. City, county (city) land and resources department is responsible for the administrative area of land acquisition and requisition of housing demolition compensation and resettlement management; City, county (city) land acquisition and demolition institutions specific organization and implementation. Development and reform, construction, planning, labor and social security, price, finance, supervision, public security, justice, civil affairs, rural management and other departments, county (city, district) people's governments, township (town) people's governments, neighborhood offices and village (neighborhood, field) committees shall, according to their respective duties, do a good job in related work. Fourth city, county (city) land and resources departments shall, in accordance with the principle of unified demolition and reasonable resettlement, ensure that the owners of the houses to be demolished get reasonable compensation and resettlement in accordance with these measures. The person to be demolished shall obey the needs of construction land and relocate the land within the prescribed time limit. Those who refuse to dismantle it within the time limit shall apply to the people's court for compulsory execution according to law. Article 5 Before the people's government of a city or county (city) reports the project to be expropriated to the people's government at a higher level for examination and approval, the land and resources department shall inform the towns, villages and villagers' groups where the expropriated land is located for more than 3 days, or serve it to the collective economic organizations and farmers of the expropriated land in the form of expropriation notice. After the notice of land requisition is issued, the land requisition and demolition institution shall investigate the area and quantity of the buildings (structures) on the land to be requisitioned, and the investigation results shall be confirmed with the relevant right holders of the demolished houses according to law, and the confirmation letter shall be signed and sealed. If the demolished person does not cooperate with the investigation or refuses to sign and seal, the land acquisition and demolition institution may take photos, videos and other ways to obtain evidence, and may notarize the results of the evidence collection. Confirmation or evidence collection results (including words, forms, relevant data, on-site photography and video materials, relevant certification materials, etc.). ) as the basis for compensation and resettlement of house demolition. Since the date of issuance of the notice of land requisition, those who scramble for seeds, seeds, construction and decoration on the requisitioned land will not be compensated during land requisition, except for those that need to be planted due to normal agricultural production activities. Article 6 From the date of announcement of land requisition, the following procedures shall be suspended within the scope of land requisition: (1) Newly approved homestead and other construction land; (two) approved the renovation and expansion of housing, land transfer and land registration and certification; (three) the household registration, but because of birth, marriage, military personnel change jobs or college graduates and other reasons, it is really necessary to move into the household registration; (four) to carry out industrial and commercial registration with the demolished house as the business place; (five) the change of housing and land use; (six) the transfer of land contractual management rights, except for the expiration of the land contractual management contract. The suspension period shall be calculated from the date of land requisition notice, and the longest period shall not exceed 12 months, unless otherwise stipulated by the state and the province. During the suspension period, the relevant procedures handled without authorization cannot be used as the basis for compensation and resettlement for house demolition. Seventh residential housing demolition compensation and resettlement includes monetary compensation, unified planning or new construction in different places. In the urban planning area, adopt monetary compensation or new resettlement methods; Outside the urban planning area, new resettlement will be adopted. Non-residential housing demolition adopts monetary compensation. Eighth urban planning area, the demolition can choose a way in monetary compensation or unified new resettlement, but the provisions of these measures can only take monetary compensation and resettlement. After compensation and resettlement, the demolished person shall not apply for new construction in different places in other ways, and all relevant units and departments shall not approve it. If the demolished person chooses monetary compensation and resettlement, the main house of the demolished house (permanent residence, the same below) will be compensated according to the standards specified in Schedule 1 to Schedule 7, and the self-resettlement subsidy will be paid according to the compensation standard in Schedule 10, and reconstruction will no longer be arranged. Such as the provisions of these measures no longer pay subsidies, according to other provisions of these measures. If the relocated people choose the new resettlement mode of unified planning, in addition to the provisions of these measures, the demolished houses will be rebuilt in addition to the compensation according to the standards stipulated in Schedule 1 to Schedule 4. Article 9 If a house that is not a member of the collective economic organization is demolished, or the demolished person has another house (except commercial houses or other houses built on land transferred according to law), compensation can only be made in accordance with the monetary compensation and resettlement standards stipulated in Schedules 1 to 4 and 7, and no self-resettlement subsidy is paid. Article 10 Resettlement by unified planning and new construction shall be implemented in accordance with the following provisions: (1) The planning department shall, according to the distribution of houses and population in the urban planning area, make unified planning for the resettlement area and make it public. Once the resettlement area is determined, no department or unit may adjust or change the location and area of the resettlement area without approval. (two) after the house demolition, not scattered, sporadic placement, road width of more than 30 meters of urban planning road hatchback shall not be placed. (three) the demolition can only be built in the planning and resettlement area according to the requirements of unified planning and architectural design. The number of floors in the resettlement area shall not exceed 4, and the building height shall not exceed 13m. (four) according to the land use right certificate stated in the demolition of the main building area to repay the resettlement area, but the resettlement area shall not exceed 35 square meters. One person who has been demolished has an independent house. The original main floor covers an area of more than 70 square meters and can accommodate 70 square meters. If the area of the first floor of the house to be demolished exceeds the resettlement area, monetary compensation and resettlement shall be adopted for compensation, and no subsidy for self-resettlement shall be paid. (five) the new housing base, the land acquisition unit is responsible for the "three links and one leveling" and the following housing plus or minus zero foundation, foundation beam, supporting infrastructure and related construction and appraisal fees; The original house demolition did not apply for the house property certificate, and the new house property certificate was handled by the head of the household; If the original house has been demolished and the house property certificate has been handled, the land acquisition unit shall bear the certification fee for the same area specified in the original house property certificate. (VI) Unified planning New houses must be built according to the basic apartment types (70 square meters, 105 square meters, 140 square meters, 175 square meters, 2 10 square meters) of unified planning for resettlement communities. The resettlement area is 70-85 square meters (including 85 square meters), and the land for reconstruction is 70 square meters; 85- 120 square meters (including 120 square meters) shall be rebuilt according to 105 square meters; 120-155m2 (including155m2) shall be rebuilt as per140m2; 155-190m2 (including190m2) shall be rebuilt as per175m2; If the area exceeds 190 square meters, it will be rebuilt according to 2 10 square meters. The difference between the resettlement area and the actual area of the reconstruction site shall be compensated by 60% of the self-resettlement subsidy standard or self-resettlement subsidy standard. (7) If multiple sets of legal houses of the same person are demolished, the resettlement area can only be repaid by the ground construction area of one set of houses, and monetary compensation and resettlement will be implemented for the remaining houses, without paying self-resettlement subsidies. Eleventh in the urban planning area, the demolition of new resettlement. The demolished houses shall be compensated according to the standards specified in Schedule 1 to 4, and the homestead shall be arranged separately, except that the homestead shall not be arranged separately as stipulated in these Measures. (a) the people's governments of cities and counties (cities) shall take measures to guide the residential construction of residents to gradually concentrate in small towns and central villages in a planned way. (2) Rural residents can only own one homestead. The family mentioned in this item is a family unit, with married children as the main body. If more than two children reach the legal age of marriage, they can be divided into households, but household separation cannot be used as a condition for homestead placement. (three) the land acquisition unit is responsible for repaying the homestead corresponding to the ground construction area of the demolished legal house, but the homestead area shall not violate the relevant provisions. (4) If the person to be demolished goes through the relevant procedures of the homestead by himself, the land acquisition unit shall pay the expenses of "three links and one leveling" reimbursement, foundation, construction application and accreditation. The foundation elevation of the homestead to be returned shall be based on the outdoor ground height, which can be implemented with reference to the relevant compensation standards in the attached table 1 1. Thirteenth relocation transition fee according to the standard subsidy of 3000 yuan/person in urban planning area and 2000 yuan/person in urban planning area. The transition period shall not exceed 18 months. Article 14 The demolition of non-residential houses shall be compensated according to the standards specified in Schedules 5 to 7, and additional compensation may be made with reference to 60% of the total compensation (including the wages for stopping production and all expenses for dismantling, installing, transporting and debugging equipment and supporting facilities), and reconstruction will no longer be arranged. Non-residential houses include houses for enterprises with legal land use procedures and houses in use such as schools, kindergartens, hospitals, nursing homes, temples and churches. Fifteenth illegal houses or other attachments on the ground, as well as the old houses that should be demolished after the approval of new houses, will be demolished free of charge. The following facilities or accessories (repairs) will not be compensated: (1) outdoor fixed wooden cabinets; (2) Outdoor protective nets, guardrails, awnings, etc. ; (three) the decoration of production houses such as agriculture and animal husbandry; (four) other outdoor abnormal decoration. Article 16 The main components of a house, such as the overhead floor (below 2.2m) and the insulation layer, are not included in the construction area (see Annex 12 for specific compensation standards), and the interior decoration (repair) will not be compensated. Seventeenth other facilities and other ground attachments of the demolished houses shall be compensated according to the standards stipulated in Schedules 8 and 9. Article 18 See attached table 12 for the explanation of compensation methods for houses and other ground attachments. Article 19. Although the original members who are not members of the collective economic organization have gone through the household registration procedures (except for reasons such as marriage, military transfer, college graduation, release from prison, legal adoption and resettlement). ), the homestead has been obtained in the collective economic organization, and the house demolition shall be compensated according to the unified regulations stipulated in Schedule 1 to 4 or the standards for new construction in different places, but no reconstruction site or homestead will be arranged separately. Twentieth national construction and use of state-owned agricultural land and township (town) village public facilities, public welfare undertakings and the use of collective land by township enterprises, involving housing demolition compensation and resettlement, with reference to these measures. Twenty-first these measures have been approved by the provincial people's government and shall come into force as of April 1 day, 2008. Other provisions on compensation and resettlement for house demolition on collective land are inconsistent with these measures and shall be abolished by themselves. Before the implementation of these measures, the people's government of the city or county (city) has issued an announcement on the compensation and resettlement scheme for land acquisition, and the compensation and resettlement for house demolition shall be implemented according to the standards determined in the announcement; Although the land acquisition approval procedures have been handled, but the specific land acquisition has not been implemented, and the compensation and resettlement plan for land acquisition has not been announced, the compensation and resettlement for house demolition shall be implemented with reference to these measures.