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The process of expropriation of houses on state-owned land.
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The process of expropriation of houses on state-owned land.
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1. For the expropriation of houses on state-owned land, it is necessary to first carry out the project expropriation of the project, and do a good job in the preliminary investigation and mapping of the project;
2. The department of housing expropriation drafts the compensation party and resettlement plan for housing expropriation and submits it to the county or district people for approval;
3. Conduct on-site investigation and registration of the planned expropriation of houses, and publish the relevant investigation results of the investigation;
4. The relevant departments shall investigate, identify and deal with the buildings that have not yet been registered;
5. ** The department organizes the conclusion of the compensation plan and publishes the compensation plan to solicit public opinions, and the time limit for soliciting opinions shall not be less than 30 days;
6. The people of the county and district will publish the situation of soliciting opinions, the liquid transportation of the hearing, and revise it according to the public opinions and the hearing, and revise and publish the expropriation compensation plan.
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The expropriation procedure for houses on state-owned land is an issue of widespread concern in the society at present, and it has attracted considerable attention because it is related to people's livelihood. Many people will ask what is the procedure for the expropriation of houses on state-owned land, what kind of procedure is there, and what documents are issued? Many friends in society are concerned but do not understand its essence.
Today we will mainly understand the expropriation procedure. Expropriation Procedure.
1.According to the application of the construction unit, ** start the housing expropriation procedure.
2.The development and reform department, the land and resources department, the urban and rural planning department, and the industry department in charge shall review whether the proposed project conforms to the national economic and social development plan, the overall land use plan, the urban and rural planning and the special plan, and its nature is pre-approval. Among them, the construction of affordable housing projects and the reconstruction of old urban areas shall also be included in the annual plans for national economic and social development at the city and county levels, and shall be deliberated and approved by the people's congresses at the corresponding levels.
3.The housing expropriation department shall organize the investigation and registration of the houses within the scope of the expropriation, and publish the results of the investigation in a timely manner.
4.The housing expropriation department shall draw up a compensation plan for expropriation and report it to the people at the city and county levels. After the scope of housing expropriation is determined, the housing expropriation department shall issue a notice to the owners and users of the houses within the scope of expropriation, informing the expropriated persons that they shall not renovate, expand or change the use of the houses; A notice was issued to the relevant units to suspend the relevant procedures.
5.**Organize relevant departments to demonstrate and revise the expropriation compensation plan, and publish it for public comment, and the period for soliciting comments shall not be less than 30 days.
6.After the expiration of the public comment period, the solicitation of opinions and the modification of the expropriation compensation plan based on the public comment shall be announced. Among them, due to the need to expropriate houses for the reconstruction of the old city, most of the expropriated persons believe that the expropriation compensation plan does not comply with the provisions of the "Regulations on the Expropriation and Compensation of Houses on State-owned Land", and organize a hearing and revise the plan.
7.**Conduct social stability risk assessment in accordance with relevant regulations. Among them, if the decision to expropriate the house involves a large number of expropriated persons, it must be discussed and decided by the executive meeting.
8.The compensation fee for expropriation is in full place, stored in a special account, and earmarked for special purposes.
9.Before the people at the municipal and county levels make a decision on housing expropriation, organize relevant departments to investigate, identify and deal with unregistered buildings within the scope of expropriation in accordance with the law.
10.The people at the city and county levels make a decision on housing expropriation and make an announcement. At the same time, the right to use state-owned land will be withdrawn. Publicize and explain the expropriation and compensation of housing.
11.If the person subject to the expropriation is not satisfied with the expropriation decision, he may apply for administrative reconsideration or file an administrative lawsuit. The above explains the procedures for the expropriation of houses on state-owned land very clearly, and you can go to the relevant ** to understand other compensation procedures and relocation procedures.
For this situation, there are still many companies that will mishandle the situation, resulting in disputes between the two parties. When we encounter this situation, we can seek legal help, in order to call Hengjujue, you can protect your legitimate rights and interests in a legal and effective way.
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1) The pre-requisites for making a decision on housing expropriation (in line with the needs of the public interest).
2) The people at the city and county level shall make a decision on the expropriation of housing and make a public announcement.
3) Housing appraisal.
1.The assessee shall be selected by the assessee through negotiation;
2.The assessment of the appraisal agency must be carried out in strict accordance with the Measures for the Expropriation and Assessment of Houses on State-owned Land;
3.The housing expropriation department shall publicize the preliminary assessment results of the sub-household to the expropriated person within the scope of expropriation;
4.Those who have objections to the assessment results may apply for a reconsideration of the assessment within 10 days of receiving the assessment report, and those who have objections to the review of the assessment results may apply for an appraisal.
4) The people at the city and county level shall make a decision on compensation for housing expropriation.
5) Compulsory demolition.
It should be noted here that 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, judicial forced demolition can be carried out.
1. Procedures for the expropriation of houses on collective land:
1.To expropriate the land owned by the farmer's collective, the county (city, district) land and resources department shall inform the land-expropriated rural collective economic organization in writing of the area, use, location, compensation standard, resettlement and other circumstances of the land to be expropriated.
2.After the written notice of land acquisition, the relevant departments of the county (city, district) people's organization shall investigate and count the ownership, land type, area and ownership, type, and quantity of the land to be expropriated, and the results of the investigation shall be signed and confirmed with the land-expropriated rural collective economic organizations, farmers and property owners of the attachments on the ground.
3.The land and resources departments of counties (cities and districts) shall, in conjunction with relevant departments, formulate the "Land Acquisition Compensation and Resettlement Program" in accordance with relevant regulations, land expropriation compensation and resettlement standards and survey and confirmation results.
4.Land-expropriated rural collective economic organizations have objections to the land requisition compensation and resettlement program and require a hearing, the county (city, district) land and resources administrative departments shall, in accordance with the provisions of the land and resources hearings and relevant requirements of the procedures and relevant requirements to organize hearings; If there is no objection, the applicant land use unit or the city (county) land reserve center shall pay the full amount of land acquisition compensation, cultivated land reclamation fee, land acquisition management fee and landless farmers' social security fee into the special account for land acquisition compensation in accordance with the fee standard approved by the land acquisition compensation plan.
5.After the pre-deposit of land requisition compensation, the county (city, district) land and resources administrative departments shall, in accordance with the relevant provisions of the preparation of "one book four programs", together with the following materials submitted to the Municipal Bureau of land and resources for review.
6.After the land use is approved, the county (city, district) people** shall make an announcement by the rural collective economic organization where the expropriated land is located.
7.After the announcement, the municipal and county land and resources administrative departments and bureaus will pay the compensation and resettlement fees for land acquisition, ground attachments and seedlings in full to the land-expropriated rural collective economic organizations in accordance with the approved "Land Acquisition Compensation and Resettlement Program".
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