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What compensation does the lessee of government house demolition have?
People's Republic of China (PRC) Civil Code
Article 327? The usufructuary right holder has the right to get compensation for expropriation and requisition. If the expropriation or requisition of immovable property or movable property causes the loss of usufructuary right or affects the exercise of usufructuary right, the usufructuary right holder has the right to obtain corresponding compensation in accordance with the provisions of Articles 243rd and 245th of this Law.
regulations on the expropriation and compensation of houses on state owned land
Article 17? The compensation given to the expropriated person by the people's government at the city or county level that made the decision on house expropriation includes:
(1) Compensation for the value of the expropriated house;
(two) relocation compensation and temporary resettlement caused by the expropriation of houses;
(3) Compensation for losses caused by expropriation of houses.
The people's governments at the city and county levels shall formulate measures for subsidies and incentives, and give subsidies and incentives to the expropriated people.
House expropriation and demolition procedures
1. The house expropriation department draws up the expropriation compensation scheme and reports it to the municipal and county governments.
2. The people's government analyzes the compensation scheme.
(1) demonstrate the compensation scheme.
(2) solicit opinions on the compensation scheme, and the time for soliciting opinions shall not be less than 30 days.
(3) Risk assessment of house expropriation scheme.
(4) Adjust and modify the scheme accordingly.
3. The government announced the housing expropriation plan.
The announcement shall specify the compensation scheme, administrative reconsideration and administrative litigation rights.
4. The rights relief of the expropriated person.
If the expropriated person refuses to accept the house expropriation, he may apply for administrative reconsideration or bring an administrative lawsuit according to law.
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