How to compensate for the occupation of houses by the railway?

Updated on society 2024-03-28
4 answers
  1. Anonymous users2024-02-07

    **The actual loss of the factory building occupied by the road repair shall be compensated for the loss of the price difference of the land for the replacement plant, the loss of the operation of the plant, the loss of the suspension of business and production of the stove, the loss of the fixed assets of the plant machinery and equipment, the loss of the relocation of the factory and the compensation for the placement of the dismissed employees.

  2. Anonymous users2024-02-06

    The method of compensation for the construction of the railway occupies the house is as follows:

    1. Housing compensation: Evaluate according to the actual value of the house, and give a certain amount of compensation.

    2. Relocation subsidy before repentance: compensate for the cost of relocation after the house is demolished.

    3. Temporary Lifting Shelter Placement Subsidy: Provide the expenses required for temporary resettlement of the demolished persons before and after the demolition.

    4. Subsidy for living difficulties: provide certain living subsidies for those who have difficulties in living due to demolition and relocation to help them tide over difficulties.

    5. Other compensation: such as legal fees required for demolition, interest during the transition period, etc.

    The following information is required to claim compensation for occupancy:

    1. Housing property right certificate: When you occupy a house and ask for compensation, you need to provide a certificate of property right of the house to prove that the occupied house is your own property right house.

    2. Agreement: The agreement is an important document for Zhan Hui to claim compensation for the house, which needs to explain in detail the time, purpose, compensation standard and other contents of the occupation, and be signed and confirmed by both parties.

    3. Housing appraisal report: In order to determine the compensation standard, the house needs to be evaluated, and the appraisal report needs to provide an appraisal report issued by a professional appraisal agency.

    4. Identity certificate: It is necessary to provide the identity certificate of the person who occupies the house and asks for compensation, such as ID card, household registration book, etc.

    5. Bank account information: Bank account information is required, including account name, account number, etc.

    In summary, the compensation standards and specific requirements for expropriation in different regions may be different, and it is recommended to consult with the relevant local authorities and understand the specific requirements before expropriation. In addition, in the process of expropriation, the relevant departments shall make compensation in accordance with laws and regulations, and shall not harm the lawful rights and interests of the subject of expropriation.

    Legal basis]:

    Article 9 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land.

    In accordance with Article 8 of these Regulations, all construction activities that truly require the expropriation of housing shall conform to the national economic and social development plan, the overall land use plan, the urban and rural plan, 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.

    The formulation of national economic and social development plans, overall land use plans, urban and rural plans, and special plans shall solicit the opinions of the public and be scientifically demonstrated.

  3. Anonymous users2024-02-05

    Calculated according to the number of agricultural population that needs to be resettled. The number of agricultural population to be resettled shall be calculated by dividing the amount of cultivated land expropriated by the average amount of cultivated land occupied by the expropriated units before land requisition. The standard of resettlement subsidy for each agricultural population in need of resettlement is four to six times the average annual output value of the cultivated land in the three years prior to the expropriation.

    However, the resettlement subsidy per hectare of expropriated cultivated land shall not exceed 15 times the average annual output value of the three years preceding the expropriation.

    Legal basis: Land Management Law of the People's Republic of China Article 12 The registration of the ownership and use rights of land shall be carried out in accordance with the laws and administrative regulations on the registration of immovable property. The ownership and use rights of land registered in accordance with the law shall be protected by law and shall not be infringed upon by any unit or individual.

  4. Anonymous users2024-02-04

    Legal analysis: The amount of compensation for land expropriation by the state shall be determined by the local provinces, autonomous regions and municipalities directly under the Central Government** through the formulation and publication of the comprehensive land price of the area. Therefore, the specific amount needs to be consulted with the local ** relevant departments.

    Legal basis: Article 48 of the Land Management Law stipulates that fair and reasonable compensation shall be given for land expropriation to ensure that the original living standards of land-expropriated farmers are not reduced and their long-term livelihood is guaranteed.

    The expropriation of land shall be paid in full and in a timely manner in accordance with the law, as well as the compensation for rural villagers' houses, other above-ground attachments and seedlings, and arrange the social security expenses of the land-expropriated farmers.

    The standards for land compensation fees and resettlement subsidies for the expropriation of agricultural land shall be determined by the comprehensive land prices of the provinces, autonomous regions and municipalities directly under the Central Government. The formulation of comprehensive land prices for areas shall comprehensively consider factors such as the original use of land, land resource conditions, land output value, land location, land supply and demand, population, and economic and social development level, and shall be adjusted or re-published at least once every three years.

    The compensation standards for expropriation of land other than agricultural land, above-ground attachments and seedlings shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government. For the houses of rural villagers, the wishes of the rural villagers shall be respected in accordance with the principle of compensation before relocation and improvement of living conditions, and fair and reasonable compensation shall be given by means such as rearranging the homestead land for construction, providing resettlement housing, or monetary compensation, and compensating for the expenses of relocation and temporary resettlement caused by expropriation, so as to protect the rural villagers' right to live and their lawful rights and interests in housing property.

    Local people at or above the county level shall include land-expropriated farmers in the corresponding social security systems such as old-age pensions. The social security expenses of land-expropriated farmers are mainly used for social insurance payment subsidies such as pension insurance for eligible land-expropriated farmers. Measures for the collection, management and use of social security expenses for land-expropriated farmers shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.

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