Whether the land of the evicted house can be compensated

Various types of compensation paid by the demolition and construction unit to the owner or user of the demolished house in accordance with the prescribed standards. Generally, there are:

1) Housing compensation fee (house replacement fee), which is used to compensate for the loss of the owner of the demolished house, is classified according to the structure and depreciation degree of the demolished house, and is calculated according to the unit price of square meters.

2) Turnover compensation fee, which is used to compensate for the inconvenience of temporary residence or self-employment of the residents of the demolished houses, and is divided according to the temporary living conditions, and is subsidized monthly according to the population of the households of the demolished houses.

3) Incentive compensation fee, which is used to encourage the residents of the demolished houses to actively assist in the demolition of the houses or voluntarily give up some rights, such as voluntarily moving to the suburbs or not requiring the demolition units to resettle the housing, and the standards of the compensation fees for house demolition shall be determined by the local people according to the actual local situation and the relevant laws and policies of the state.

The formula for calculating the compensation price of the homestead location and the replacement of the demolished house to the new price is as follows: the compensation price of the house demolition = the compensation price of the homestead location of the homestead + the replacement of the demolished house to the new price.

1) Calculation standards for compensation for house demolition.

1) Monetary compensation for house demolition = legally owned property appraisal** + agreed compensation amount for house decoration and decoration (or compensation amount for house decoration and decoration determined by assessment).

2) The difference in compensation for house demolition = assessment of legally owned real estate** + agreed compensation amount for house 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 standards for housing demolition and resettlement fees.

Housing demolition and resettlement fee = relocation subsidy + temporary resettlement subsidy if no swing house is provided + temporary resettlement subsidy beyond the transition period + compensation for losses caused by the suspension of production and business of non-residential houses.

Note: 1. If the demolition party provides a swing house and the user of the demolition house lives in it, the subsidy for the second item of the formula is 0;

2. If the demolished house is a residential house, the compensation fee for item 4 of the formula is 0;

3. The person being demolished receives compensation, indicating that the house is for his own use.

3) Compensation standards for rural house demolition.

1) If the land-expropriated village or villager group has its system revoked, and if the system has not been revoked but does not meet the conditions for building a house in a different location, the person being demolished can choose monetary compensation or exchange a property right house with the same value as the monetary compensation. Its specific calculation is (demolished + 6 demolished houses, construction and replacement, unit price combined into new + base price of land use right per square meter of construction area of newly built multi-storey commercial housing in the same area + ** subsidy) The floor area of the demolished house;

2) If the system of the village or villager group that has been expropriated is not revoked, and the conditions for building houses in ex-situ are met, the demolished person can apply for new housing on the homestead within the scope of the central village or residential area determined by the overall land use plan of the township (town), and receive the corresponding monetary compensation, which is calculated as the construction area of the demolished house (the unit price of the demolished house is combined with the new ten ** subsidy); The cost of the new homestead used by the person being demolished.

Legal analysis: 1. The housing compensation fee is used to compensate for the loss of the owner of the demolished house, and is classified according to the structure and depreciation degree of the demolished house, and calculated according to the unit price of square meters. 2. Turnover compensation fee, which compensates for the inconvenience of temporary residence or self-seeking temporary residence for the residents of the demolished houses, and is classified according to the temporary living conditions, and is subsidized monthly according to the population of the household.

3. Incentive compensation is used to encourage the residents of the demolished houses to actively assist in the demolition of the houses or give up some rights on their own initiative. The standards of compensation for house demolition shall be determined by the local people according to the actual local situation and relevant national laws and policies, and the demolition and construction units must be strictly implemented and shall not be arbitrarily changed.

Legal basis: Land Management Law of the People's Republic of China Article 2 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.

Units and individuals shall not occupy, buy, sell, or otherwise illegally transfer land. Land use rights may be transferred in accordance with law. The State may, for the sake of the public interest, expropriate or expropriate land in accordance with the law and provide compensation.

The State implements a system of paid use of state-owned land in accordance with the law. However, the State shall not allocate the right to use state-owned land within the scope prescribed by law.

The compensation cost of the house land includes the land compensation fee, the resettlement subsidy, the land attachment compensation fee, and the seedling subsidy. 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.

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 make the decision on the expropriation of 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 losses caused by the suspension of production and business caused by the expropriation of houses. The people at the city and county levels shall formulate subsidies and incentives to give subsidies and rewards to the people who have been expropriated by Liang Cover.

Article 22 Where relocation is caused by the expropriation of houses, the housing expropriation department shall pay relocation fees to the expropriated persons; If the property rights of the house are exchanged, the housing expropriation department shall pay the temporary resettlement fee or provide the swing house to the expropriated person before the property right exchange is handed over.

1.The expropriation of cultivated land and vegetable land shall be calculated at six times the average annual output value (the same below) of the land in the three years prior to the expropriation according to the ** policy stipulated by the state; 2.The expropriation of land such as fish ponds, lotus root ponds, breeding farms, orchards, bamboo orchards, forest land, etc., shall be calculated at five times the annual output value of the land; 3.

The expropriation of firewood, tidal land, reservoirs, reed ponds and other non-cultivated land with income shall be calculated at three times the annual output value of the land.

Legal basisArticle 47 of the Land Administration Law.

Where land is expropriated, compensation shall be given in accordance with the original use of the expropriated land. The compensation fee for the expropriation of cultivated land includes land compensation fee, resettlement subsidy fee, and compensation fee for ground attachments and seedlings. The land compensation fee for the expropriated cultivated land shall be 6 to 10 times the average annual output value of the cultivated land in the three years preceding the expropriation.

The resettlement subsidy for cultivated land shall be calculated according to the number of agricultural population to be resettled. The number of agricultural population to be resettled shall be calculated according to the amount of cultivated land to be expropriated or guessed divided by the average amount of cultivated land occupied by the expropriated units before land requisition. The standard of resettlement subsidy for each agricultural population to be resettled shall be four to six times the average annual output value of the cultivated land in the three years preceding the expropriation.

However, the resettlement subsidy per hectare of expropriated cultivated land shall not exceed 15 times the average annual output value of the three years preceding the expropriation. The standards for land compensation and resettlement subsidies for the expropriation of other land shall be prescribed by the provinces, autonomous regions and municipalities directly under the Central Government with reference to the standards for land compensation and resettlement subsidies for the expropriation of cultivated land. The compensation standards for attachments and seedlings on the expropriated land shall be prescribed by the provinces, autonomous regions and municipalities directly under the Central Government.

To expropriate vegetable land in the suburbs of the city, the land-using unit shall pay for the development and construction of new vegetable land in accordance with the relevant provisions of the State. In accordance with the provisions of the second paragraph of this article, the payment of land compensation fees and resettlement subsidies cannot enable the peasants who need to be resettled to maintain their original living standards, and the resettlement subsidies may be increased with the approval of the people of the provinces, autonomous regions, and municipalities directly under the Central Government. However, the sum of the land compensation fee and the resettlement subsidy shall not exceed 30 times the average annual output value of the land in the three years preceding the expropriation.

According to the level of social and economic development, under special circumstances, the standard of compensation for land and resettlement subsidies for the expropriation of cultivated land may be raised.