Has Shanghai Fuxing Middle Road 1 13 Lane started the expropriation and demolition?

In the early days, all the land was actually taken away, depending on when the developer moved. Real estate is not very prosperous now. If it is demolished, it depends on what projects are started.

For a long time, people have confused the concepts of land acquisition (farmers call it land sale) and urban house demolition (farmers call it demolition), and some officials also call it land acquisition and demolition. In fact, there are essential differences between the two, not a legal concept. According to "Land Management Law", land expropriation refers to the activities that the state transfers the ownership of a certain range of rural collective land to the state in accordance with legal procedures for the needs of public interests, and compensates the original owners of the expropriated land (including land owners, users, contractors, subcontractors, etc.). ) according to law. The specific implementation departments of land expropriation are the land administrative departments at all levels. According to the Regulations on Urban House Demolition, urban house demolition refers to the activities of organizing house demolition on state-owned land in urban planning area by using national coercive force to implement urban planning and transformation of old areas, and compensating and resettling the original house owners (including house owners, users, lessors, lessees and sublessees, etc.). ). The specific implementation departments of house demolition are the construction administrative departments at all levels.

I. Procedures for land requisition

Step 1: Publish the announcement of land requisition.

The county or municipal bureau of land and resources issues a notice of land requisition within the village where the expropriated land is located, informing the village collective economic organizations and villagers of the expropriated land: the scope, area, compensation methods, compensation standards, resettlement methods and uses. Crops planted or planted after the announcement or buildings built are not included in the scope of compensation.

Step 2: Ask for villagers' opinions.

The county or municipal land and resources bureau, in conjunction with the local township government, will solicit opinions from the village collective economic organizations and farmers on the contents of the land acquisition announcement. If there are different opinions, it shall be put on record, and the opinions put forward by the villagers' committee or villagers shall be handled separately and resolved through coordination. If there is any objection to the compensation standard, resettlement approach and compensation method, it shall inform the land-expropriated counterpart that he has the right to apply for a hearing according to law and organize a hearing. The Bureau of Land and Resources shall file and report the villagers' opinions and land acquisition hearing materials as necessary materials for approval.

Step 3: Cadastral survey and registration of ground attachments.

County and Municipal Bureau of Land and Resources shall, jointly with the owners and users of the expropriated land, conduct on-the-spot investigation on the four boundaries of the expropriated land, land use and land area, types, quantities and specifications of attachments on the ground, and the Bureau of Land and Resources shall fill out a questionnaire in triplicate, which shall be signed by the staff, owners and users of the Bureau of Land and Resources. The Bureau of Land and Resources shall file and report the materials signed by the owner and the user as the necessary materials for examination and approval.

Step 4: Draw up the examination paper of "One Book and Four Plans" and submit it for examination and approval.

According to the consultation, hearing, investigation and registration, and according to the requirements of the examination and approval authority for examination and approval materials, the county or municipal land and resources bureau draws up "one book and four maps", namely "construction land specification, agricultural land conversion plan, supplementary cultivated land plan, land acquisition plan and land supply plan." And organize the documents to be submitted to the authority with the power of examination and approval for approval.

Step 5: Land requisition announcement

The people's government of the city or county where land is requisitioned shall announce the land requisition in the village where land is requisitioned within 10 working days from the date of receiving the approval document of land requisition from the province or the State Council. Contents of land requisition announcement:

Land acquisition approval authority, approval number, approval time and purpose;

Ownership, location, land type and area of the expropriated land;

Land requisition compensation standards and agricultural personnel placement methods;

Time limit and place of land requisition compensation registration.

Step 6: Publish the compensation and resettlement plan for land acquisition.

County, city land resources bureau shall, according to the land acquisition plan approved by the provincial or the State Council land acquisition approval documents, draw up the land acquisition compensation and resettlement plan with the village as the unit within 45 days from the date of land acquisition announcement, and make an announcement. Announcement content of land requisition compensation and resettlement scheme:

The location, type and area of the expropriated land;

Types and quantities of attachments and young crops on the ground;

The number of agricultural population in need of resettlement;

The standard, amount, payment object and payment method of land compensation fee;

The standard, amount, payment object and payment method of resettlement subsidy;

Compensation standards and payment methods for ground attachments and young crops;

Specific measures for the placement of agricultural personnel;

Other specific measures related to land requisition compensation and resettlement.

Land-expropriated rural collective economic organizations, rural villagers or other rights holders who have different opinions or request a hearing on the compensation and resettlement scheme for land expropriation shall submit them to the county or municipal bureau of land and resources within 10 working days from the date of announcement of the compensation and resettlement scheme for land expropriation.

County and municipal land resources bureaus shall study the different opinions of rural collective economic organizations, rural villagers or other rights holders on the compensation and resettlement plan for land acquisition. If a party requests a hearing, it shall hold a hearing. If it is really necessary to modify the compensation and resettlement plan for land acquisition, it shall be modified in accordance with relevant laws and regulations and the approved land acquisition plan.

Step 7: Submit the land requisition compensation and resettlement plan for approval.

The county or municipal bureau of land and resources will publish the land compensation and resettlement plan together with the opinions and adoption of the rural collective economic organizations, rural villagers or other rights holders, and report it to the municipal and county people's governments for approval.

Step 8: Approve the compensation and resettlement plan for land requisition.

The municipal and county governments will solicit opinions after the approval of the land acquisition compensation and resettlement plan, and report to the Provincial Department of Land and Resources for the record, which will be organized and implemented by the municipal and county land and resources administrative departments.

Step 9: Land compensation registration

Rural collective economic organizations, rural villagers or other rights holders whose land has been expropriated shall, within the time limit stipulated in the land expropriation announcement, go through the land expropriation compensation registration formalities at the designated place with the land ownership certificate (land contract).

Land-expropriated rural collective economic organizations, rural villagers or other rights holders fail to go through the registration procedures for land acquisition compensation as scheduled, and the compensation content shall be subject to the investigation results of the administrative departments of land and resources of the city and county.

Step 10: Implement the compensation and resettlement plan and deliver the land.

Pay compensation and resettlement fees for land acquisition according to regulations, and land acquisition units and individuals will deliver the land on schedule.

Second, the housing demolition procedures:

Step 1: Obtain the house demolition permit: The unit that demolishes the house applies to the house demolition management department of the people's government of the city or county where the house is located to obtain the house demolition permit.

Step 2: Publish the demolition notice: The house demolition management department publishes the demolition notice, and announces to the public the demolition person, demolition scope, demolition period and other matters specified in the demolition permit.

Step 3: Conclude an agreement on compensation and resettlement for demolition, and carry out demolition: The demolition and relocation parties conclude an agreement on compensation and resettlement, the area and location of resettlement houses, the relocation period, the relocation transition mode and transition period, etc.

1. If both parties fail to reach an agreement on compensation and resettlement for demolition, the house demolition management department shall make a ruling according to the application of both parties. Failing to relocate within the relocation period stipulated in the ruling, the people's government of the city or county where the house is located shall instruct the relevant departments to forcibly relocate, or the house demolition management department shall apply to the people's court for compulsory relocation. Before the compulsory demolition, the demolition person shall notarize the evidence of the relevant matters of the demolished house.

2. Both parties have reached an agreement on compensation and resettlement for demolition, and if the demolished person or lessee refuses to move within the relocation period agreed in the agreement, the demolished person may apply to the Arbitration Commission for arbitration or bring a lawsuit to the people's court. During the litigation, the demolisher may apply to the people's court for prior execution.

Third, the difference between them.

As can be seen from the above, land requisition by the state and urban house demolition are different legal concepts. The main difference between the two:

First, the applicable legal procedures are different. Land requisition for national construction shall be governed by the provisions of the Land Administration Law and its supporting regulations on land requisition for national construction; The provisions of the Regulations on Urban Housing Demolition shall apply to urban housing demolition.

Second, the scope of application is different. The scope of application of land requisitioned for national construction is land owned by rural collectives; The scope of application of urban house demolition is the state-owned land in the urban planning area.

Third, behavior points to different goals. The object of land requisition for national construction is rural collective land ownership; The object of urban house demolition is houses.

Fourth, the legal consequences are different. The legal consequence of land requisition for national construction is to eliminate rural collective land ownership; The legal consequence of urban house demolition is the elimination of the ownership of the demolished house and the reciprocal adjustment or exchange of property rights.

Obviously, land expropriation and house demolition are different administrative acts, and administrative organs with corresponding functions exercise management power respectively according to law. According to Article 62 of the Urban Real Estate Management Law, in some places, if an organ is in charge of land management and real estate management (or house demolition management) at the same time, the organ may exercise these two functions and powers respectively according to law, and carry out administrative management on land acquisition and house demolition according to corresponding legal procedures. Administration according to law is embodied in every specific administrative act. First of all, it should be administration according to law. Only through procedural justice can result justice be realized, and only by realizing procedural justice can result justice be embodied. According to the principle of administration according to law, the statutory powers and administrative actions should meet the requirements of legal procedures, and the administrative powers of land acquisition and house demolition should not be confused; The legal procedures for organizing the implementation of land expropriation and organizing the implementation of house demolition cannot be used for specific operations.