What problems and difficulties will exist in the expropriation of state owned land and housing?

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.

Therefore, for state-owned land with buildings, the buildings are compensated together with the land, and for the land without buildings, the value of the land use right is simply compensated.

For example, 200 pieces of state-owned land for a residential house will be expropriated, of which 80 will be used for the construction of residential buildings, and the compensation price will be 4,000 yuan (that is, the unit price of square meters with houses and land), and the remaining part of the land without buildings will be 120 yuan, and the compensation price will be 1,000 yuan (compensation for simple land use rights).

Yes, it mainly depends on the local policy, the compensation policy is different in each region, it is recommended to consult the local expropriation department for details, and if you feel unsatisfied, you can consult a professional lawyer.

Compensation for expropriation is generally followed.

Copying the market economy for comparison, there will be a compensation and resettlement plan for expropriation.

In the case of expropriation of state-owned land and houses on the land, the two compensation payments are calculated separately, but they are generally paid together. According to your description, if the house does not have planning permission, it is an illegal building, and there is no compensation for the demolition of the illegal building, at most it is a construction cost. , for example, brick gang and so on.

There is no expropriation of state-owned land, and land acquisition is the process of transforming collective land into state-owned land. State-owned land is only subject to the transfer of land use rights. All houses are added, but the premises are not separated, and the land use rights corresponding to the houses will also be compensated.

There is no expropriation of state-owned land, and land expropriation refers to the expropriation of collective land as state-owned. Someone is taking.

Therefore, when expropriating houses on state-owned land, the value assessment of the expropriated real estate includes two parts: house ownership and land use rights. Therefore, the expropriation of houses on state-owned land is to compensate for both the house and the land, rather than separately.

According to Jia Qihua, a Beijing demolition lawyer, according to the provisions of the Land Management Law, the compensation to be given to the expropriated person cannot be lower than the similar surrounding market price of the expropriated house on the date of the announcement of the expropriation decision. If this principle is lower, it is advisable to commence legal proceedings.

According to Article 17 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land, the compensation given to the expropriated person by the people at the city and county level who made the decision on housing expropriation 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.

The people at the municipal and county levels shall formulate subsidies and incentives to give subsidies and rewards to the expropriated persons.

In terms of incentives and subsidies, it is necessary to refer to the policies formulated by the people at the city and county levels. It's not the same everywhere.

After the scope of housing expropriation is determined, it is not allowed to carry out acts such as building new buildings, expanding houses, renovating houses, or changing the use of houses within the scope of housing expropriation; Where provisions are violated, no compensation is to be given.

The housing expropriation department shall notify the relevant departments in writing of the matters listed in the preceding paragraph to suspend the relevant formalities. The written notice of suspension of relevant formalities shall indicate the period of suspension. The suspension period shall not exceed 1 year.

According to the Regulations on the Expropriation and Compensation of Houses on State-owned Land, Article 14 If the expropriated person is dissatisfied with the decision on the expropriation of houses made by the people at the municipal and county levels, he may apply for administrative reconsideration in accordance with the law, and may also file an administrative lawsuit in accordance with the law.