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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.
[Legal basis].Article 27 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land.
Housing expropriation shall be compensated first and then relocated. After the people at the city or county level who made the decision to expropriate the house compensate the expropriated person, the expropriated person shall complete the relocation within the relocation period agreed in the compensation agreement or the compensation decision. No unit or individual may force the expropriated person to relocate by violence, threats or illegal means such as interrupting water supply, heat supply, gas supply, power supply and road traffic in violation of regulations.
Construction units are prohibited from participating in relocation activities.
Article 48 of the Land Administration Law.
Fair and reasonable compensation shall be given for land expropriation, so as to ensure that the original living standards of land-expropriated farmers are not reduced and their long-term livelihood is guaranteed. Land expropriation shall, in accordance with the law, timely and full payment of land compensation, resettlement subsidies and compensation for rural villagers' houses, other above-ground attachments and seedlings, and arrange social security expenses for land-expropriated farmers. Land expropriation shall, in accordance with the law, timely and full payment of land compensation, resettlement subsidies and compensation for rural villagers' houses, other above-ground attachments and seedlings, and arrange social security expenses for land-expropriated farmers.
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Generally speaking, the expropriation of collective land needs to go through the approval procedures for agricultural conversion in accordance with the provisions of the above-mentioned laws and regulations.
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According to the Land Management Law, the compensation given to the land-expropriated farmers shall include the compensation fee for the land, the resettlement subsidy, the seedling subsidy and the housing fee of the rural villagers, among which, the compensation and resettlement subsidy for the land shall be determined according to the comprehensive land price of the expropriated area, and in principle, it shall not be lower than the original living standard of the expropriated person.
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Carry out project expropriation and project approval, and do a good job in the preliminary investigation of the project; The housing expropriation department shall draw up a compensation plan for expropriation and report it to the county in Liangliang District**; Conduct investigation and registration of the houses to be expropriated and publish the investigation status; The relevant departments shall investigate, identify and deal with unregistered buildings; **The department organizes the demonstration of the compensation plan and publishes it for public comment, and the period for soliciting comments shall not be less than 30 days.
Regulations on the Expropriation and Compensation of Houses on State-owned Land
Article 17. The compensation given to the expropriated person by the people at the city and county level who made the decision to expropriate the house includes:
1) Compensation for the value of the expropriated house;
2) Compensation for relocation and temporary resettlement caused by the expropriation of housing;
3) Compensation for the loss of production and business suspension caused by the expropriation of housing.
Regulations on the Collection and Compensation of Housing Acquisition on State-owned Land".
Article 19. The compensation for the value of the expropriated house shall not be lower than the market for similar real estate of the expropriated house on the date of the announcement of the expropriation decision**. The value of the expropriated house shall be assessed and determined by the real estate appraisal agency with corresponding qualifications in accordance with the housing expropriation appraisal method.
Regulations on the Expropriation and Compensation of Houses on State-owned Land
Article 17. The compensation given to the expropriated person by the people at the city and county level who made the decision to expropriate the house includes:
1) Compensation for the value of the expropriated house;
2) Compensation for relocation and temporary resettlement caused by the expropriation of housing;
3) Compensation for the loss of production and business suspension caused by the expropriation of housing.
Regulations on the Expropriation and Compensation of Houses on State-owned Land
Article 19. The compensation for the value of the expropriated house shall not be lower than the market for similar real estate of the expropriated house on the date of the announcement of the expropriation decision**. The value of the expropriated house shall be assessed and determined by the real estate appraisal agency with corresponding qualifications in accordance with the housing expropriation appraisal method.
According to the provisions of the Land Management Law of the People's Republic of China and the Urban Real Estate Management Law of the People's Republic of China, state-owned allocated land refers to the land used by state organs, military land, urban infrastructure land, public welfare land, energy, transportation, water conservancy and other infrastructure land supported by the state, and other land used by laws and administrative regulations. >>>More
Assignment by Agreement**. The appraisal of the land ** of the parcel to be transferred by agreement must be carried out in accordance with the Regulations for the Valuation of Urban Land. The minimum price of the agreed transfer shall not be less than the sum of the land use fee, land acquisition (demolition) compensation fee and the relevant taxes and fees that shall be paid in accordance with the provisions of the state; In areas with benchmark land prices, the minimum price for the agreed transfer shall not be less than 70% of the benchmark land price of the grade where the land is transferred. >>>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