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1. What is the housing expropriation process?
1. Handle the formalities in the early stage of expropriation and post the announcement of the suspension; 2. The real estate appraisal agency selects one or more contractors through negotiation; 3. Investigate, register and evaluate the condition, property rights and decoration of the expropriated houses; 4. Formulate a compensation plan and seek consent, and the city will make a decision; 5. If the expropriated person fails to perform its obligations and does not appeal, it will be enforced; 6. Land transfer and case acquisition and closure.
2. What are the key points to pay attention to in the assessment of housing expropriation?
1. Pay attention to the time of valuation, which directly affects the valuation results of the expropriated land and houses. However, this is only used to designate a land acquisition scheme, and cannot replace the assessment process, otherwise not only will the arrested person be deprived of the right to choose an assessment agency, but also the appreciation benefit of the land expropriation.
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The 12 steps stipulated in the housing expropriation decision procedure in accordance with the Regulations on the Expropriation and Compensation of Houses on State-owned Land are as follows:
1. Determination of the scope of expropriation.
2. Conduct planning review and plan compilation.
3. Establishment of construction projects.
4. Draw up a compensation plan for expropriation.
5. Demonstrate the expropriation compensation plan.
6. Solicit public opinions on the expropriation compensation plan.
7. Revise the expropriation compensation plan.
8. Hearings. 9. Social stability risk assessment.
10. Discuss and decide.
11. Implement the collection of compensation fees.
12. Announcement and Entry.
Article 10 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land stipulates that the housing expropriation department shall draw up an expropriation compensation plan and report it to the people at the city and county levels. The people's ** at the municipal and county levels shall organize relevant departments to demonstrate and publish the expropriation compensation plan to solicit public opinions. The period for soliciting comments must not be less than 30 days.
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1. The procedures for housing expropriation are:
1.The local expropriation administrative department shall draw up the expropriation compensation plan and submit it to the local government, and make an announcement and solicit opinions;
2.The solicitation of opinions and revisions will be announced; Then the people ** conduct a risk assessment, and the full amount of special funds is in place;
3.If a decision on expropriation is made and announced, and no administrative lawsuit or administrative reconsideration has been filed after the publication period, the expropriation will begin.
2. The specific calculation standards for compensation for house demolition are as follows:
1.Housing compensation is calculated based on the structure and depreciation of the demolished house, and is calculated according to the unit price of square meters.
2.The turnover compensation fee is classified according to the temporary living conditions, and the monthly subsidy is given according to the population of the households of the demolished houses.
3.The incentive compensation fee shall be determined according to the actual local situation.
3. The process of payment of relocation compensation is as follows:
1.When the demolished person signs a compensation agreement with the demolition party, the amount of compensation, payment method, payment term, etc., shall be clearly agreed, and the demolition party shall make the payment period agreed in the agreement;
2.Deposit the compensation for demolition and relocation into a designated bank, and deliver the deposit slip for compensation issued by the bank to the friend who was demolished.
3.The whole process from the start of rural land acquisition to the issuance of compensation: notice of land acquisition - announcement of land acquisition - compensation registration - compensation and resettlement plan for proposed land acquisition - compensation and resettlement plan - hearing - approval of compensation and resettlement plan - payment of compensation.
4.The whole process from the start of urban housing demolition to the issuance of compensation: expropriation investigation and registration - housing expropriation decision - expropriation compensation plan (announcement) - housing expropriation announcement - signing of compensation agreement - housing expropriation compensation decision - payment - relocation.
Legal basis: Regulations on the Expropriation and Compensation of Houses on State-owned Land
Article 26 If the housing expropriation department and the expropriated person fail to reach a compensation agreement within the time limit determined by the expropriation compensation plan, or the owner of the expropriated house is not clear, the housing expropriation department shall report to the city and county-level people** who made the housing expropriation decision in accordance with the provisions of these Regulations, make a compensation decision in accordance with the expropriation compensation plan, and make a public announcement within the scope of housing expropriation.
Compensation decisions shall be fair, including matters related to compensation agreements as provided for in the first paragraph of article 25 of these Regulations.
If the expropriated person is dissatisfied with the compensation decision, he may apply for administrative reconsideration in accordance with the law, and may also file an administrative lawsuit in accordance with the law.
Article 27 The implementation of 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 use violence, threats, or illegal methods such as interrupting water supply, heat supply, gas supply, power supply, and road traffic in violation of regulations to force the expropriated person to relocate. Construction units are prohibited from participating in relocation activities.
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Hello, the expropriation of houses on state-owned land shall be decided by the relevant departments, the compensation and resettlement plan shall be formulated, the opinions of the expropriated persons shall be heard, the expropriated houses shall be evaluated, and the compensation and resettlement agreements shall be signed with the expropriated persons.
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Legal analysis: the housing expropriation department formulates an expropriation compensation plan and reports it to the people at the city and county levels; The people's ** at the county level shall organize relevant departments to demonstrate and publish the expropriation compensation plan to solicit public opinions. The period for soliciting comments must not be less than 30 days. Before the people at the municipal and county levels make a decision on housing expropriation, they shall conduct a social stability risk assessment in accordance with the relevant provisions; If the decision on housing expropriation involves a large number of expropriated persons, it shall be discussed and decided by the executive meeting.
Before making a decision on housing expropriation, the expropriation compensation fee shall be in full place, stored in a special account, and earmarked for special use. After the people at the city and county levels make a decision on housing expropriation, they shall make a timely announcement. The announcement shall specify the expropriation compensation plan, administrative reconsideration, administrative litigation rights, and other matters.
Legal basis: Regulations on the Expropriation and Compensation of Houses on State-owned Land
Article 10 The housing expropriation department shall draw up a compensation plan for expropriation and report it to the people at the municipal and county levels.
The people's procuratorate at the city and county level shall organize relevant departments to conduct demonstrations and publish the expropriation compensation plan, and solicit public opinion. The period for soliciting comments must not be less than 30 days.
Article 11: Municipal and county-level people** shall promptly publish the solicitation of opinions and revisions based on public comments.
If the majority of the expropriated persons believe that the expropriation compensation plan does not comply with the provisions of these Regulations, the people at the municipal and county levels shall organize a hearing attended by the expropriated person and public representatives, and revise the plan according to the hearing.
12th municipal and county-level people's ** before making a decision on housing expropriation, shall be in accordance with the relevant provisions of the social stability risk assessment; If the decision on housing expropriation involves a large number of expropriated persons, it shall be discussed and decided by the executive meeting.
Before making a decision on housing expropriation, the expropriation compensation fee shall be in full place, stored in a special account, and earmarked for special use.
13th municipal and county-level people's ** after making a decision on housing expropriation shall be announced in a timely manner. The announcement shall specify the expropriation compensation plan, administrative reconsideration, administrative litigation rights, and other matters.
Municipal and county-level people** and housing expropriation departments shall do a good job in publicizing and explaining housing expropriation and compensation.
If the house is expropriated in accordance with the law, the state-owned land use right shall be recovered at the same time.
Article 14 If the expropriated person is dissatisfied with the decision to expropriate the housing 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.
Article 15 The housing expropriation department shall organize an investigation and registration of the ownership, location, use, and construction area of the houses within the scope of housing expropriation, and the expropriated person shall cooperate. The results of the investigation shall be announced to the expropriated person within the scope of housing expropriation.
Article 16 After the scope of housing expropriation is determined, it is not allowed to carry out acts such as new construction, expansion, renovation of houses and changes in 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.
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Hello, according to the provisions of the Land Management Law and the Regulations on the Expropriation and Compensation of Houses on State-owned Land, the relevant departments need to issue an expropriation announcement before the specific implementation of the expropriation, inform everyone of the specific circumstances of the expropriation, and release the compensation and resettlement plan to solicit the opinions of the people. The expropriation compensation decision shall be made in accordance with the law for the expropriated person who has not signed a compensation agreement, and finally the application to the people's court for compulsory enforcement.
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.
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