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Hello, the compensation given to the expropriated person for the shantytown reform of the house on state-owned land generally includes compensation for the value of the expropriated house, resettlement subsidy, loss of production and business suspension, relocation fee, etc., in principle, it cannot be lower than the original living standard of the expropriated person, therefore, in practice, if you feel that the compensation is unreasonable, you can take legal measures to protect your rights and interests.
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Monetary compensation: total amount of compensation and subsidy, compensation for the value of the expropriated house, relocation expenses, temporary resettlement expenses, loss of production and business suspension, compensation for relocation, subsidies for relocation, and other subsidies. There are two types of compensation for shantytown renovation, one is cash compensation and the other is house replacement.
1. Calculation standard for compensation for house demolition (1) Monetary compensation for house demolition and legal ownership of real estate appraisal ** Agreed compensation amount for house decoration and decoration (or compensation amount for house decoration and decoration determined by assessment) (2) Compensation difference for house demolition and legal ownership of real estate appraisal ** Agreed compensation amount for house decoration and decoration (or compensation amount for house decoration and decoration determined by assessment) - assessment of the house where the property rights are exchanged by the demolished person** 2. Calculation standard for housing demolition and resettlement fee (demolished person or tenant) Housing Demolition and Resettlement FeeRelocation SubsidyTemporary Resettlement Subsidy If No Swing House is ProvidedTemporary Resettlement Subsidy Beyond the Transition Period Non-Residential Housing Compensation for Losses Caused by Suspension of Production and Business Note: If the demolition party provides swing housing and the user of the demolished house lives in it, the second subsidy of the formula is 0; If the demolished house is a residential house, the dust compensation fee in the fourth item of the formula is 0. Article 2 of the Land Management Law The People's Republic of China implements the socialist public ownership of land, that is, the ownership of the whole people and the collective ownership of the working people.
Ownership by the whole people, i.e. ownership of state-owned land is exercised by *** on behalf of the state. No unit or individual may occupy, buy, sell, or illegally transfer land in any other form. Land use rights can be transferred in accordance with the law.
For the needs of the public interest, the State may, in accordance with the law, expropriate or expropriate land and give compensation. The State implements a system of paid use of state-owned land in accordance with the law. However, the state shall allocate the right to use state-owned land within the scope prescribed by law.
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1. Physical placement.
2. Monetary compensation.
All localities should formulate specific resettlement and compensation measures in accordance with the relevant provisions of the Chinese state, carry out expropriation in accordance with the law, and safeguard the legitimate rights and interests of the masses. Where the renovation of shantytowns involves the expropriation of collective land, preliminary work such as land expropriation and compensation and resettlement should be done in accordance with the relevant laws and regulations of the Chinese state. All localities can explore the method of adopting joint property rights and do a good job in the housing resettlement of residents in shantytowns with economic difficulties.
Shantytown renovation is China's first proposal and organization to implement the formulation of the "Shantytown Expropriation Standards", in strict accordance with the "Shantytown Expropriation Standards" and relevant laws and regulations, for the towns, the historical legacy of concentrated dilapidated houses, dilapidated houses and courtyards, the old villages and old cities with crowded household distances, public facilities can not be matched, and there are obvious public safety hazards in fire fighting, production and life.
In order to solve the historical stubborn diseases of urban and rural areas such as mass travel, housing safety, spacious production, convenient life, public safety emergency guarantee and environmental sanitation cleaning, eliminate public safety hazards, optimize the production and living environment, and solve the problems of Li Weico's large number of difficult family housing and social development, it is a popular project, improve the roads, squares, education, commerce and other basic supporting facilities around the shantytown project, and enhance the popularity index in the living environment.
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Hello, the compensation that the shantytown has not been built in general is that the compensation that the demolished person can get includes the compensation of the expropriated house value, the resettlement subsidy, the loss of production and business suspension, the relocation fee, etc., in principle, the compensation for the value of the expropriated house shall not be lower than the original living standard of the expropriated person. Therefore, in practice, if you feel that the compensation is unreasonable, you can take legal measures to protect your rights and interests.
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1. Compensation standards for shantytown reconstruction.
1. The compensation standards for shantytown renovation are as follows:
1) Placement of real and false suspicions. If a certain percentage of the area is replaced; Replacing the house to a new ** is to convert the house into **, which is related to the new and old, decoration and structure of the house; other relocation incentives;
2. Monetary compensation. The competent department of housing demolition and relocation shall determine the average unit price of the market transaction of new houses of the same kind of lot and the same purpose on an annual or semi-annual basis, and the housing benchmark approved by the person who reported it shall be approved by the Chinese people.
2. Legal basis: Article 7 of the Administrative Measures for Special Funds for Subsidizing Urban Shantytown Renovation.
The subsidy funds for urban shantytown renovation shall be allocated according to two factors, such as the area of expropriation (acquisition) and the number of households in differential expropriation (acquisition) in each region, as well as the corresponding weight, and in combination with the degree of financial difficulty.
The weights of the two factors of expropriation (acquisition) area and the number of expropriation (acquisition) households are respectively %, and the Ministry of Finance may adjust the weights of the two factors in conjunction with the Ministry of Housing and Urban-Rural Development in a timely manner according to the transformation of urban shantytowns.
The expropriation (acquisition) area and number of households shall be based on the expropriation compensation (acquisition) agreement signed between the expropriator (acquisition) and the expropriated (acquired) person or the expropriation compensation decision made by the people at the municipal and county levels. The expropriated (acquired) area includes the floor area of housing and non-housing; The number of expropriated (acquired) households includes the number of households resettled in kind (in-situ resettlement and resettlement in other places) and the number of households with monetary compensation, all of which are permanent resettlement housing households, excluding the number of temporary resettlement housing households.
The degree of financial difficulty is determined with reference to the coefficient of financial difficulty calculated by the equilibrium transfer payment of the Ministry of Finance, and is used as the adjustment coefficient for the allocation of urban shantytown reform subsidy funds.
2. Shantytown renovation process.
The shantytown renovation process is as follows:
1. Preparation and review of plans;
2. Solicit opinions and go through procedures;
3. Suspend the handling and investigate the registration;
4. Consult the plan and sign the agreement in advance;
5. Decide on expropriation or compensation;
6. Enforcement.
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