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When the house is demolished, the state does not formulate compensation for house demolition, but only stipulates that reasonable compensation will be given at the market price of the same type of house where the house is located.
Generally, the housing demolition department and the housing appraisal department make a housing appraisal compensation** that is 30% to 50% higher than the market price of similar houses in the area where the house is located.
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There is no unified standard for housing expropriation, and compensation is generally based on the assessment results with reference to the surrounding market**.
1. The Measures for the Appraisal of Houses on State-owned Land stipulate that a registered real estate appraiser shall, after analyzing the applicability of the appraisal methods such as the market method, the income method, the cost method, and the hypothetical development method, according to the appraisal object and the local real estate market conditions, select one or more of the methods to evaluate the value of the expropriated house.
2. If there is a transaction of similar real estate of the expropriated house, the market method shall be used for evaluation; If the expropriated house or its similar real estate has economic benefits, the income method shall be used for assessment; If the expropriated house is under construction, the hypothetical development method shall be used for assessment.
3. If two or more assessment methods can be selected for evaluation at the same time, two or more assessment methods shall be selected for evaluation, and the assessment results shall be reasonably determined after checking and comparing the measurement results of each assessment method.
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Housing expropriation compensation standard: 3,300 yuan per square meter for buildings (more than two floors). Pounding (pre)brick concrete structure house compensation 2,800 yuan per square meter.
The compensation for brick and tile houses is 2,400 yuan per square meter. The compensation for each square meter of flat (grass) house is 1,900 yuan. 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 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 losses caused by the suspension of production and business caused by the expropriation of houses. The people at the municipal and county levels shall formulate subsidies and incentives to give subsidies and rewards to the expropriated persons.
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Legal analysis: There is no specific amount of provisions. There is only one standard provision, the house on collective land shall be compensated with the minimum construction cost price, and the homestead or land price compensation house will be replaced, and the minimum area of the same location shall be demolished and repaid.
In the case of urban villages, the minimum market price of monetary compensation for houses with land shall be replaced with the lowest market price of the same location, and the minimum market price of monetary compensation shall be paid.
Legal basis Duan Heng:
Regulations on the Expropriation and Compensation of Houses on State-owned Land》 Article 19 The compensation for the value of the expropriated houses shall not be lower than the market of similar real estate of the expropriated houses on the date of the announcement of the decision to expropriate the houses. The value of the expropriated house shall be assessed and determined by a real estate appraisal agency with the qualifications to be assessed and determined in accordance with the housing expropriation appraisal method.
If there is any objection to the value of the expropriated house determined by the assessment, it can apply to the real estate appraisal agency for a review of the assessment. If there is any objection to the review result, you can apply to the real estate appraisal expert committee for appraisal.
Housing expropriation assessment measures by the competent department of housing and urban-rural construction, in the process of formulation, should be open to the public to solicit opinions.
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Legal analysis: compensation for land requisition, compensation standard for cultivated land, and an average compensation of 30,000 yuan per mu for dry land. The average compensation per mu for paddy fields is 90,000 yuan.
The average compensation per mu for vegetable fields is 150,000 yuan. The compensation standard for basic farmland is 80,000 yuan per mu for dry land. The average compensation per mu for paddy fields is 90,000 yuan.
The average compensation per mu for vegetable fields is 160,000 yuan. The average compensation per mu for the expropriation of forest land and its dull agricultural land is 180,000 yuan. The average compensation per mu for the expropriation of industrial and mining construction land, villagers' houses, roads and other collective construction land is 160,000 yuan.
The average compensation per mu for the expropriation of idle land, barren hills, wasteland, barren beaches, barren ditches and unused land is 10,000 yuan.
Legal basis: "Land Management Law of the People's Republic of China" Article 46 The expropriation of the following land shall be approved by ***: (1) permanent basic farmland; (2) Cultivated land other than permanent basic farmland exceeds 35 hectares; (3) Other land exceeding 70 hectares.
The expropriation of land other than those provided for in the preceding paragraph shall be approved by the people of the provinces, autonomous regions and municipalities directly under the Central Government. Where agricultural land is expropriated, the examination and approval for the conversion of agricultural land shall be handled in accordance with the provisions of Article 44 of this Law. Among them, if the conversion of agricultural land is approved, the approval procedures for land acquisition shall be handled at the same time, and the approval of land acquisition shall not be handled separately; By the provinces, autonomous regions and municipalities directly under the Central Government's approval of the land acquisition approval within the scope of the approval of agricultural land transfer, at the same time for land acquisition approval procedures, no longer separately for land acquisition approval, beyond the approval of land acquisition, shall be in accordance with the provisions of the first paragraph of this article for land acquisition approval.
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Compensation standards for rural relocation houses: 1. Grassland compensation of 1,900 yuan per square meter; 2. The compensation for the brick house is 2,400 yuan per square meter of source search; 3. 3,300 yuan per square meter for buildings with more than two floors; 4. Compensation of 2,800 yuan per square meter for brick-concrete structure houses; 5. Housing such as pigsty and wells also have certain compensation. Article 17 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land stipulates that the compensation given to the expropriated person by the people at the city and county level who made 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 city and county people shall formulate subsidies and incentives to give subsidies and rewards to the expropriated.
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