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1) The expropriation of houses on state-owned land has only one purpose: to exclude commercial expropriation for the needs of the public interest. (The expropriation of housing construction activities shall be in accordance with the national economic and social development plan, the overall land use plan, the urban and rural planning and the special plan.)
The construction of affordable housing projects and the reconstruction of old urban areas shall be included in the annual plans for national economic and social development at the city and county levels. )
2) The main body responsible for the expropriation of housing: the people at the city and county levels.
3) Implementing entity: the housing expropriation department determined by the people's ** at the municipal and county levels.
4) Housing expropriation implementation unit: the housing expropriation department or the unit entrusted by the housing expropriation department, specifically undertaking the housing expropriation and compensation work. (The housing expropriation implementation unit shall not be for profit, that is, it completely excludes commercial participation in expropriation or commercial expropriation.) )
2. Make a decision on expropriation.
1) Work before making a decision on expropriation.
1. Organize relevant departments to investigate, identify and deal with unregistered buildings within the scope of expropriation. (Compensation shall be given to those identified as legal buildings and temporary structures that have not exceeded the approved period; No compensation shall be given to those identified as illegal constructions and temporary constructions that exceed the approved period. The results of the investigation shall be announced to the expropriated person within the scope of housing expropriation.
2. The housing expropriation department shall draw up a compensation plan for expropriation and report it to the people at the city and county level.
3. The people's governments at the municipal and county levels shall organize relevant departments to demonstrate and publish the expropriation compensation plan to solicit public opinions. The period for soliciting comments must not be less than 30 days.
4. If the majority of the expropriated persons believe that the expropriation compensation plan does not comply with the provisions due to the reconstruction of the old urban area, the people at the municipal and county levels shall organize a hearing attended by the expropriated person and public representatives, and revise the plan according to the hearing.
5. Social stability risk assessment shall be conducted.
6. The expropriation compensation fee shall be in full place, stored in a special account, and earmarked for special use.
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The process of expropriation of houses on state-owned land.
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Hello, according to the provisions of the Regulations on the Expropriation and Compensation of Houses on State-owned Land, the relevant departments must investigate, identify and deal with the houses within the scope of expropriation before making a decision on expropriation, and give reasonable and fair compensation to those identified as legal buildings, and not compensate those identified as illegal buildings. In addition, it is necessary to assess the expropriated houses in accordance with the law, make an assessment report in a timely manner, and deliver the assessment report to the expropriated person in accordance with the law.
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The process of expropriation of houses on state-owned land is as follows:
1. The city decided to start the project housing expropriation and determine the project owner and project implementation unit in the form of meeting minutes. The project owner submits the approval documents for the construction project, the red line map of the construction project planning and the approval document for the state-owned land use right to the Municipal Bureau of Housing and Urban-Rural Development to start the expropriation procedure.
2. The housing expropriation department, the expropriation implementation unit, and the town (street) village jointly post the housing expropriation notice. The housing expropriation department shall notify the construction, planning, industry and commerce, and real estate transaction registration departments in writing to suspend the relevant procedures for the construction, expansion, and renovation of houses, industrial and commercial registration, and change of housing use, ownership, and mortgage registration within the scope of housing expropriation.
3. The expropriation implementation unit shall conduct a thorough investigation and investigation of the ownership, location, use, and construction area of the houses within the scope of housing expropriation, and announce the results of the survey to the expropriated person within the scope of housing expropriation. The initial expropriation compensation plan of the unit, the calculation of the required expropriation compensation costs and property rights exchange houses, after reporting to the expropriation department for review, reported to the city for research and determination.
4. The housing expropriation department, the expropriation implementation unit, and the town (street) village will jointly publish the expropriation compensation plan after the city's research and approval (the period is 30 days). The town (street) will solicit opinions and give written feedback to the housing expropriation department. The housing expropriation department will solicit opinions and submit the expropriation compensation plan revised according to the opinions to the city for research and decision.
5. The housing expropriation department, the expropriation implementation unit, and the town (street) village will jointly publish the compensation plan after the city's research. The expropriation implementation unit or town (street) shall conduct a social stability risk assessment of the expropriation in accordance with the relevant provisions and report it to the city for research. After the expropriation compensation fee is in place, the city ** makes a decision on expropriation and makes an announcement.
6. The expropriation implementation unit of the expropriated person enters into a compensation agreement and relocates. The expropriation implementation unit shall report the expropriation compensation agreement and other materials to the housing expropriation department for filing, and announce the compensation for each household to the expropriated person within the scope of housing expropriation. If the expropriation implementation unit and the expropriated person fail to reach a compensation agreement within the specified signing period, or the expropriated housing right holder is not clear, the housing expropriation department shall report to the city ** to make a compensation decision, and make an announcement within the scope of housing expropriation.
7. If the expropriated person does not apply for reconsideration or does not file a lawsuit within the statutory time limit, and does not relocate within the time limit specified in the compensation decision, the municipal government shall apply to the people's court for compulsory enforcement in accordance with the law.