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1. In accordance with the spirit of Order No. 590, the people of the city (district) will make an announcement on the site of expropriation within five days after making the "Housing Expropriation Decision", and the date of the announcement is the time point of housing assessment.
2. In the case of land acquisition and demolition on rural collective land, according to the "Land Management Law", the collective land will not be compensated to the individual, and only the replacement of the buildings and their appurtenances on the ground will be compensated for the depreciation of the land acquisition and demolition. Before the announcement of land expropriation, there is a valid and legal housing replacement** assessment report, the compensation basis is legal, and the housing compensation agreement voluntarily signed by both parties is legal and valid.
3. It can be seen that from the date of the announcement, a formal compensation agreement will be signed only after the "Housing Levy World Rotten Harvest Assessment Report" takes effect.
1. What are the provisions of the regulations on the expropriation and compensation of houses on state-owned land?
Article 13 The people at the municipal and county levels shall make a timely announcement after making a decision on housing expropriation. The announcement shall specify the expropriation compensation plan, administrative reconsideration, administrative litigation rights, and other matters.
Article 14 If the expropriated person is dissatisfied with the decision of the people at the city or county level to expropriate the house, he may apply for administrative reconsideration in accordance with the law, and may also file an administrative lawsuit in accordance with the law.
Article 26 If the housing expropriation department and the expropriated person fail to reach a compensation agreement within the time limit specified in the expropriation compensation plan, or the owner of the expropriated house is not clear, the housing expropriation department shall report to the people at the city and county level who have made the decision on housing expropriation in accordance with the provisions of these Regulations, make a compensation decision in accordance with the expropriation compensation plan, and make a public announcement within the scope of housing expropriation.
The compensation decision shall be fair, including the matters related to the compensation agreement for the omission of the return to the stove as provided for in the first paragraph of Article 25 of these Regulations.
If the expropriated person is dissatisfied with the compensation decision, he may apply for administrative reconsideration in accordance with the law, and may also file an administrative lawsuit in accordance with the law.
Article 28 If the expropriated person does not apply for administrative reconsideration or file an administrative lawsuit within the statutory time limit, and does not relocate within the time limit specified in the compensation decision, the people's people at the city or county level who made the decision to expropriate the house shall apply to the people's court for compulsory enforcement in accordance with the law.
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The subject of the housing expropriation compensation agreement is the housing expropriation department and the expropriated person. It should be emphasized that one of the parties to the expropriation compensation agreement is the housing expropriation department determined by the people at the city and county level, not the people at the city and county level who made the expropriation decision.
Civil Code of the People's Republic of China
Article 299: [Joint Ownership] The co-owners jointly enjoy ownership of the jointly owned immovable or movable property.
Article 300: [Co-Owners' Right to Manage Common Property] The co-owners manage the jointly owned immovable or movable property in accordance with the agreement; If there is no agreement or the agreement is not clear, all co-owners have the right and obligation to manage.
Article 301: [Disposition, Major Repair, and Change of Nature or Use of Common Property] The disposition of jointly owned immovable or movable property, as well as major repairs or changes in the nature or use of jointly owned immovable or movable property, shall be subject to the consent of the co-owners or all co-owners accounting for more than two-thirds of the shares, unless otherwise agreed between the co-owners.
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Legal analysis: The compensation agreement for housing expropriation shall be signed by the housing expropriation department and the person being expropriated.
Legal basis: Regulations on the expropriation and compensation of houses on state-owned land》 Article 25 The housing expropriation department and the expropriated person shall, in accordance with the provisions of these Regulations, enter into a compensation agreement on the compensation method, the amount of compensation and the payment period, the location and area of the house used for property rights exchange, the relocation fee, the temporary resettlement fee or the turnover house, the loss of production and business suspension, the relocation period, the transition method and the transition period. After the compensation agreement is concluded, if one party fails to perform the righteous quarrel and congratulatory duties stipulated in the compensation agreement, the other party may file a lawsuit in accordance with law.
Hello, the compensation given to the expropriated person by the expropriation of houses on state-owned land includes the compensation for the value of the expropriated house, the resettlement subsidy, the loss of production and business, the relocation fee, etc., in principle, the compensation given to the expropriated person cannot be lower than the original living standard of the expropriated person.
The legal provisions on the legal expropriation of land stipulate that the expropriation of land shall follow the principle of compensation first and relocation later, and compensation shall be given in accordance with the original use of the expropriated land and paid in full and in a timely manner in accordance with the law, and the expropriated person shall not be forced to relocate by violence, threats or other illegal means. >>>More
The process of expropriation of houses on state-owned land.
According to the regulations on compensation for expropriation, the expropriation of houses on state-owned land shall not be lower than the market value of similar real estate. Generally speaking, the market value includes the land use rights of the building and its substrate, especially for residential houses. >>>More
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.) >>>More