"Loudi collective land housing demolition compensation and resettlement measures" approval content

Article 2 These Measures shall apply to the expropriation and requisition of collective land within the administrative area of this Municipality and the compensation and resettlement for the demolition of houses and other ground attachments.

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 the compensation and resettlement of house demolition and other ground attachments, with reference to these measures.

Township enterprises use state-owned agricultural land and township (town) village public facilities, public welfare undertakings and the use of collective land, involving housing demolition compensation and resettlement, with reference to these measures.

The State Council and the provincial people's government have other provisions on compensation and resettlement for house demolition in land requisition for infrastructure construction such as highways, railways, water conservancy and hydropower.

Article 3 The people's governments at all levels in this Municipality shall strengthen their leadership in the work of compensation and resettlement for house demolition. City, county (city) land and resources administrative departments responsible for the administrative area of expropriation and requisition of collective land on the housing demolition compensation and resettlement management; City, county (city) land acquisition and demolition institutions specific organization and implementation.

Development and reform, planning, human resources and social security, public security, supervision, housing and urban and rural construction, price, finance, industry and commerce, taxation, civil affairs, agriculture, urban management and law enforcement, real estate and other departments shall, according to their respective responsibilities, do a good job in related work.

Fourth demolition compensation and resettlement should follow the principles of legality, openness, fairness and justice, and implement unified standards, unified demolition and reasonable resettlement.

Within the overlapping range of urban construction land determined by the overall urban planning and land use planning (hereinafter referred to as "urban planning area"), people's governments at all levels shall, before the implementation of land acquisition, organize relevant departments to complete the detailed planning and approval of resettlement housing site selection and resettlement housing construction in accordance with the principles of unified planning, centralized resettlement and unified planning and construction. Before the implementation of land acquisition, the land unit shall deposit the compensation and resettlement funds for demolition in full into a special account opened by the administrative department of land and resources in finance, and use the funds for special purposes.

Article 5 After the red line of land survey is determined, before the land acquisition plan is submitted for approval according to law, the administrative department of land and resources of the city and county (city) shall inform the towns (streets), villages (communities) and groups of the land to be requisitioned for more than 3 days in the form of a notice of land to be requisitioned, and deliver it to the relevant departments. After the notice of land requisition is issued, the land requisition and demolition institution shall investigate and register the ownership, location, area and quantity of the buildings (structures) on the land requisition. The survey results shall be confirmed with the expropriated rural collective economic organizations, farmers and property owners of the above-ground attachments according to law. Refused to sign and seal to confirm, land acquisition and demolition institutions can take photos, videos, surveys and other ways to obtain evidence, and the results can be notarized. 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 the notice of land requisition, land requisition compensation will not be granted for those who scramble for seed, seed, construction and attack on the land to be requisitioned.

Article 6 Within 12 months after the announcement of the proposed land acquisition, the following matters shall be suspended within the scope of the proposed land acquisition:

(a) the new batch of homestead and other construction land;

(two) to examine and approve new construction, renovation and expansion of houses and other buildings (structures), to handle the transfer of houses or land, and to issue certificates of ownership of houses and land;

(three) the place where the household registration is moved and the place where the household registration is located, but it is re-transferred due to reasons such as childbirth, marriage and graduation of retired soldiers or college students. , it is really necessary to move into the account;

(four) to take the demolished house as the business place and go through the formalities of industrial and commercial registration;

(5) Procedures for the change of house or land use, etc. ;

(six) other procedures that hinder the compensation and resettlement of house demolition.

During the suspension period, the procedures handled by the relevant functional departments in violation of the provisions of the preceding paragraph cannot be used as the basis for compensation and resettlement for house demolition. If losses are caused to others, the unit that goes through the formalities in violation of regulations shall be responsible for compensation.

Article 7 After the approval of the land acquisition plan, the people's government of the city or county (city) shall, within 10 working days from the date of receiving the approval document of the land acquisition plan, issue a land acquisition announcement in the expropriated township (street), village (community) and group, stating the organ, document number, time, owner, use, location, land type, area and compensation standard of the approved land.

The person to be demolished shall, within the prescribed time limit, truthfully declare to the designated place with his collective land use right certificate, building approval documents and other legal documents, and go through the relevant registration procedures such as compensation and resettlement for demolition.

Eighth demolition of houses, decoration (decoration), other facilities and ground attachments compensation, according to the provisions of these measures. The compensation method shall be implemented according to the description of the provisions of these measures.

Ninth any of the following circumstances, no compensation:

(a) illegal buildings (structures) and plans to land acquisition announcement after the assault decoration (decoration);

(two) temporary buildings (structures) that exceed the approved use period;

(three) although approved by the competent authority, but the relevant approval documents indicate that the temporary buildings (structures) need to be demolished unconditionally during construction;

(4) Permanent buildings built on land approved for temporary use;

(five) the old houses that should be demolished but not demolished in the building approval documents.

Tenth the following facilities or decoration (decoration) will not be compensated:

(1) outdoor fixed wooden cabinet;

(2) Outdoor protective nets, guardrails, awnings, etc. ;

(three) the decoration of production houses such as agriculture and animal husbandry;

(four) other outdoor abnormal decoration.

Eleventh the use of demolished houses shall be registered by the land ownership. If the land ownership certificate does not specify the purpose, the purpose specified in the construction approval document shall prevail.

If a legitimate personal residence is used for production and business activities, and the industrial and commercial business license, tax registration certificate and tax payment certificate are issued within 6 months before the announcement of land acquisition, the compensation for production and business premises can be increased by 15% according to the compensation standard for the main structure of the house (including the cost of self-handling goods and business appliances, handling fees and other expenses that need compensation due to demolition).

Demolition of enterprises, schools, kindergartens, hospitals, nursing homes, temples, churches and other non-personal houses, in addition to compensation in accordance with the standards stipulated in these measures, can also increase 80% of the compensation (including compensation for the demolition of production and business wages, equipment removal, installation, handling, debugging, personnel transition, reconstruction and other expenses), no longer arrange reconstruction.

Twelfth housing demolition and resettlement methods include resettlement housing, monetary resettlement and new resettlement in different places. In the urban planning area, residents can choose monetary resettlement or resettlement housing resettlement. Outside the urban planning area, new resettlement methods should be adopted.

After the resettlement, if the demolished person applies for the homestead separately, it will not be approved.

Thirteenth people who meet the resettlement conditions refer to the property owners whose household registration belongs to the collective economic organization, who have legal land for building examination and approval procedures and actually live in the demolished houses.

Fourteenth urban planning area, in line with the resettlement conditions of the demolition, each person can get 90 square meters (including the pool area) of the resettlement housing purchase index.

For the part where the construction area of the legal main house (permanent residence) exceeds the purchase index of resettlement housing enjoyed by the demolished, the compensation shall be increased according to the standard of 200 yuan/m2.

Fifteenth resettlement housing construction is divided into sections, stages and batches according to the demand.

Resettlement houses are purchased by residents at an average price of 500 yuan per square meter. Complete sets of resettlement housing area exceeds the purchase index, and the demolition is purchased at the market evaluation price.

Resettlement houses should have water, electricity, gas and other household services, equipped with basic decorations such as doors and windows, and have basic living conditions.

The construction cost of resettlement housing (including the cost of construction and accreditation) is approved and announced by the construction and price departments. In addition to the price paid by the residents in accordance with the provisions of the preceding paragraph, the insufficient part shall be borne by the land unit.

The bottom part of the resettlement house is managed by the resettlement management implementation unit. The implementation unit of resettlement management shall ensure that the per capita level of resettlement community is not less than 10 square meter, and the proceeds will be used to make up for the daily property management expenses of resettlement community.

Sixteenth urban planning area, in line with the resettlement conditions of the demolition of people choose monetary resettlement, according to their enjoyment of the resettlement housing purchase index to give monetary subsidies. Among them, Louxing District, Loudi Economic Development Zone and Wanbao New District are subsidized by 2000 yuan/square meter, and Lengshuijiang City, Lianyuan City, Shuangfeng County and Xinhua County are subsidized by 1600 yuan/square meter. After monetary subsidies, resettlement houses may not be purchased.

Seventeenth in the urban planning area, to take new, relatively centralized, unified self-built resettlement, and separate arrangements for homestead, according to the following provisions:

(a) the people's governments at all levels shall take measures to make the residential construction of rural villagers gradually concentrated in small towns and central villages according to the plan. The site selection and construction of immigrant homestead shall conform to the overall planning of township land use and village construction planning, and shall be submitted for approval according to procedures.

(two) after the demolition of the house site, the subsidy for the house site shall be paid by the land unit. The homestead subsidy is calculated according to the original legally approved construction area of the house, and the standard is 380 yuan/square meter (including "three links and one leveling", foundation and reconstruction foundation). Construction and accreditation fees shall be borne separately by the land unit.

(three) for the resettlement of the homestead, the demolition of compensation in accordance with the collective land acquisition standards, and supervised by the Township People's government.

Eighteenth people have multiple legal housing demolition, housing demolition compensation and resettlement in accordance with the principle of "one household, one house".

Nineteenth in the urban planning area, the demolition of houses that are not members of the collective economic organizations will not be resettled. However, if the demolished people live in the collective economic organization and can provide the certificate of no housing issued by the real estate management department and the land and resources department, they can refer to the members of the collective organization to obtain the purchase index of resettlement housing.

If the relocated households choose resettlement houses, they will buy them at an average price of 1000 yuan/square meter. If the demolished choose monetary resettlement, they will be given monetary subsidies according to the purchase index of resettlement houses they can enjoy. Among them, the subsidies for Louxing District, Loudi Economic Development Zone and Wanbao New District are 1500 yuan/m2, and those for Lengshuijiang City, Lianyuan City, Shuangfeng County and Xinhua County are 1 100 yuan/m2.

Outside the urban planning area, the houses of the members of the collective economic organization are demolished, but if the demolished people live in the collective economic organization and can provide the certificate of no house issued by the real estate management department and the land and resources department, the legal main building area of the demolished houses will be compensated according to the standard of 200 yuan/square meter.

Who has purchased (including disposal) housing reform, affordable housing, the original legal housing on the land of rural collective economic organizations has been removed, not resettlement, but one of the husband and wife is a member of this collective economic organization, the member can be resettled.

Twentieth people were taken to move the transition fee paid by the standard of 3000 yuan/person. The transition period is 18 months, with a maximum of 30 months. During the transition period, the residents shall not build temporary transitional houses without authorization.

In the urban planning area, if the resettlement party fails to put it in place according to the regulations, the relocation transition fee shall be paid according to the standard of 19 to 24 months, 500 yuan to 30 months and 700 yuan to 30 months, until the resettlement is in place.

Twenty-first did not receive the demolition compensation fee within the prescribed time limit, the land acquisition and demolition institutions shall store it in the name of the obligee.

After the announcement of the land acquisition compensation and resettlement plan is issued and the compensation for demolition is paid in full, the demolished person shall relocate the land within the prescribed time limit. Those who refuse to relocate within the time limit shall be ordered by the administrative department of land and resources of the city or county (city) to vacate the land within a time limit. If it fails to execute within the time limit, it may apply to the people's court for compulsory execution according to law.

If the demolished person refuses to accept the decision to vacate the land within a time limit, he may apply for administrative reconsideration or bring a lawsuit to the people's court according to law. During the period of reconsideration and litigation, the implementation of the land acquisition compensation and resettlement plan will not be affected.

Twenty-second city and county (city) administrative departments of land and resources shall establish an information disclosure system and accept public inquiries.

City, county (city) land and resources administrative departments shall establish a reporting system for land acquisition and demolition management, and publicly report telephone numbers, letters and visiting addresses and other contact information.

Twenty-third land acquisition and demolition staff in violation of the provisions of these measures, resulting in adverse consequences, the supervision department shall be investigated for administrative responsibility according to law. If the case constitutes a crime, it shall be transferred to judicial organs for criminal responsibility.

Twenty-fourth people who are taken to practice fraud, forge or alter the certificate of land and housing ownership, shall be given a warning by the administrative department of land and resources and ordered to make corrections within a time limit. Violation of the "People's Republic of China (PRC) Public Security Administration Punishment Law" shall be punished by the public security organs according to law; If the case constitutes a crime, it shall be transferred to judicial organs for criminal responsibility.

Those who have been defrauded of compensation or subsidies by illegal means shall be recovered and their legal responsibilities shall be investigated according to law.

In the process of land acquisition and demolition, individuals or groups that hinder the implementation of land acquisition and demolition according to law shall be dealt with by the relevant departments according to law.

Article 25 These Measures shall come into force on March 1 day, 2065. Measures for Compensation and Resettlement of House Demolition on Collective Land in Loudi City (Lou [2008] No.3), Reply of Loudi Municipal People's Government on Several Specific Issues in Implementing Measures for Compensation and Resettlement of House Demolition on Collective Land in Loudi City (Lou Zheng Han [2008] No.217), and Office of Loudi Municipal People's Government on Implementing Measures for Compensation and Resettlement of House Demolition on Collective Land in Loudi City.

Before the implementation of these measures, the people's government of the city or county (city) has announced the compensation and resettlement plan for land acquisition, and shall make compensation and resettlement according to the standards determined in the announcement. Although the land acquisition approval procedures have been handled, but the compensation and resettlement plan for land acquisition has not been announced, the compensation and resettlement for demolition shall be implemented with reference to these measures.

Attachment: 1, Building Structure, Decoration, Facilities Requirements and Compensation Standards

2, other attachments on the ground and sporadic young crops compensation standard

3, other facilities compensation standard

4, housing and other ground attachments compensation method.