Cases of housing expropriation, precedents of the Supreme Court of Housing Expropriation

If the decision on housing expropriation has not yet been made, or if the decision on housing expropriation and auction has nothing to do with the house targeted by the housing expropriation compensation decision, or if the illegality of the housing expropriation decision is so serious that Lianchun meets the requirements of Article 75 of the Administrative Litigation Law of the People's Republic of China and constitutes an invalid administrative act, the sued housing expropriation compensation decision shall be deemed to be insufficient primary evidence.

Brief introduction to the case:

The people of Anhui Province made the "reply to the fifth batch of urban construction land in She County in 2009" (Anhui Zhengdi No. 931), the scope of its approval of land acquisition includes the cultivated land contracted by Jin XX, and Jin XX believes that it belongs to basic farmland, and Anhui ** exceeds the approval authority, and applies to *** for a final ruling after the primary administrative reconsideration of the Anhui Provincial People's ** in accordance with the law.

Trial result: After the trial, the Legislative Affairs Office held that the land involved in the case belonged to basic farmland according to the overall land use plan, although She County reduced the basic farmland by making the basic farmland protection area planning map, but did not revise the overall land use plan, and the expropriated land should belong to the basic farmland, and the respondent approved the expropriation as general cultivated land It is obviously improper, so the ruling is as follows: It is confirmed that the Anhui Provincial People's ** Anhui Province made the Anhui Zhengdi No. 931) approval is illegal.

Lawyer's analysis: According to the provisions of Article 45 of the "Land Management Law", the basic farmland should be approved by the first person to expropriate, the people of Anhui Province have obvious deficiencies and do not have the authority to approve the basic farmland, and the basic farmland belongs to the cultivated land that shall not be constructed within a certain period of time determined by the overall land use plan, and the confirmation of the basic farmland must be subject to the overall land use plan.

Legal counsel of the unit. Lawyer Wang Weizhou.

Legal analysis: The methods of compensation for house demolition include monetary compensation, property rights replacement, and combined compensation, and monetary compensation is mainly to give money; The property right replacement can be the property right replacement of the newly built house of the same value, or the exchange of the property right of the same area in another place; Combined compensation refers to the payment of both monetary compensation and property rights replacement, which is a combination of the first two compensation methods.

Legal basis: Land Management Law of the People's Republic of China Article 48 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 livelihoods are guaranteed. The expropriation of land 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 for the social security expenses of land-expropriated farmers.

The standards for land compensation and resettlement subsidies for the expropriation of agricultural land shall be determined by the provinces, autonomous regions and municipalities directly under the Central Government through the formulation and publication of comprehensive land prices for the districts. 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 the expropriation of land other than agricultural land, above-ground attachments and seedlings shall be formulated by the provinces, autonomous regions and municipalities directly under the Central Government.

For the houses of rural villagers, the principle of compensation before relocation and improvement of living conditions shall be followed, and the wishes of the rural villagers shall be respected, and fair and reasonable compensation shall be given by means such as rearranging homestead land for construction, providing resettlement housing, or monetary compensation, and shall compensate 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.