How to compensate for the forced demolition of the earthen house, and how to compensate for the forc

Legal analysis: The amount of compensation for the forced demolition of the house is determined according to the loss of the value of the house, the loss of buried items and house decoration, relocation, temporary resettlement compensation, etc.

1) The compensation for the value of the expropriated house shall not be lower than the market for similar real estate of the expropriated house on the date of the announcement of the decision to expropriate the house**.

2) If the relocation is caused by the expropriation of the house, the housing expropriation department shall pay the relocation fee to the expropriated person; 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 house is delivered.

3) Compensation for losses caused by the expropriation of the house due to the suspension of production and business shall be determined on the basis of factors such as the benefits of the house before it was expropriated, the period of suspension of production and business, and so on. Specific measures are to be formulated by provinces, autonomous regions, and municipalities directly under the Central Government.

Legal basis: Regulations on the Expropriation and Compensation of Houses on State-owned Land

Article 17 The compensation given to the expropriated person by the people at the city and county level who made the decision to expropriate 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 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.

Article 19 The compensation for the value of the expropriated house shall not be lower than the market for similar real estate of the expropriated house on the date of the announcement of the decision to expropriate the house. The value of the expropriated house shall be assessed and determined by the real estate appraisal agency with corresponding qualifications 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.

Hello, there is no specific compensation standard, however, according to the new judicial interpretation of administrative compensation, the compensation given to the expropriated person cannot be lower than the compensation and resettlement normally obtained by the expropriated person.

In the process of land acquisition and demolition, if the relevant administrative department infringes upon the legitimate rights and interests of the expropriated party, the expropriated party may apply for state compensation in accordance with Article 2 of the State Compensation Law, that is, if the state organs and state organ functionaries exercise their functions and powers, and have the circumstances of infringing on the legitimate rights and interests of citizens, legal persons and other organizations as stipulated in this Law, and causing damages, the victim has the right to obtain state compensation in accordance with this Law. At the same time, Article 4 of the Law clearly stipulates that the expropriated party has the right to apply for state compensation for the illegal expropriation or requisition of property by an administrative organ and its staff in the exercise of administrative powers.

Article 2 of the Law on Compensation for the Former Family of the Head of State

Where state organs and their functionaries in the exercise of their functions and powers infringe upon the lawful rights and interests of citizens, legal persons, and other organizations as provided for in this Law, and harm is caused, the victim has the right to obtain compensation from the State in accordance with this Law.

The organs with compensation obligations provided for in this Law shall promptly perform their compensation obligations in accordance with this Law.

1) Illegally imposing administrative punishments such as fines, revocation of permits and licenses, orders to suspend production and business, or confiscation of property;

2) Illegally employing administrative compulsory measures such as sealing, seizing, or freezing property;

3) Illegally expropriating or requisitioning property;

4) Other illegal acts that cause damage to property.

If the relevant departments do not compensate or fail to make a compensation decision within the time limit specified in the law, then the expropriated person can file an administrative compensation with the court, and the standard of compensation for the expropriated sedan is generally not lower than the market of the real estate around the expropriated house.

Legal analysis: If other damage is caused to the property right, compensation shall be given according to the direct loss. Direct losses include all the rights and interests of the expropriated person who may be entitled to compensation for the expropriation and resettlement of the house after the house is forcibly demolished, such as compensation for the value of the house, property right exchange and resettlement housing, transition fees, moving expenses, incentive fees, and direct losses to movable property, etc., as well as compensation for the loss of items in the house caused by forced demolition.

In the compensation for housing expropriation, the specific amount of compensation shall not be less than the total amount of compensation rights and interests that the compensation claimant can obtain in accordance with the resettlement compensation plan, and the amount of compensation obtained by the compensation claimant shall not be lower than the amount of compensation that may be obtained by expropriation in accordance with law.

1) Where fines or fines are imposed, or property is recovered or confiscated, or property is expropriated or expenses are apportioned in violation of state provisions, the property is to be returned;

2) Where property is sealed, seized, or frozen, and the sealing, seizure, or freezing of property is lifted, causing damage or loss of property, compensation is to be made in accordance with the provisions of (3) and (4) of this article;

3) Where the property that should be returned is damaged, it can be restored to its original state, and if it cannot be restored, compensation shall be paid according to the extent of the damage;

4) Where the property that should be returned is lost, the corresponding compensation shall be paid;

5) Where the property has already been auctioned, the price obtained from the auction shall be paid;

6) Where permits and licenses are revoked, or the suspension of production and business is ordered, compensation shall be made for necessary recurrent expenses during the period of suspension of production and business;

7) Where other harm is caused to property rights, compensation is to be given in accordance with direct losses.

The scope of compensation, compensation methods, and compensation standards for administrative compensation for illegal forced demolition of houses on rural collective land.

1. Scope of compensation: According to the basic principles of administrative law, an administrative organ is liable for compensation for the losses caused to others based on a lawful administrative act, and conversely, it is liable for compensation for the damage caused to others by an illegal administrative act. Administrative compensation is a form of state compensation.

The scope of "direct loss" as stipulated in Paragraph 8 of Article 36 of the State Compensation Law includes the loss of the replacement cost of the demolished building (the cost of rebuilding a house with basically the same structure, style, quality and function as the original house), the compensation rights and interests for the demolition and resettlement of the rural house that the parties should enjoy (the property right exchange resettlement house or the repurchase of resettlement indicators under special circumstances, the surplus of transition expenses, moving expenses, incentive fees, etc.), and the direct loss caused to movable property (appurtenances, indoor items), etc.

2.Method of compensation: In terms of the method of compensation for the loss of housing, although the litigation claim of the parties is only to order the organ with the obligation to pay compensation, from the perspective of effectively protecting their legitimate rights and interests, the organ with the obligation to compensate still has the obligation to provide resettlement housing with property rights or pay compensation for demolition and resettlement, so as to protect the parties' right to choose the compensation method (monetary compensation or property right exchange).

It is necessary to protect the rights and interests of the parties in the exchange of property rights as much as possible, and avoid that it is difficult to effectively protect the residential rights and interests of the parties due to real estate and the use of a single currency compensation.

Secondly, it is necessary to take into account the compensation and resettlement benefits that other demolished people have obtained, comprehensively consider the laws, administrative regulations, local policies and regulations and similar compensation methods and standards of other projects, and take into account the factors of real estate changes as a whole, so as to ensure the continuity, consistency and fairness of the local demolition compensation and resettlement work, and ensure that the basic residential rights and interests of the parties are fully protected (the living conditions are not reduced and improved). Thirdly, under the condition of not violating the law and the prohibitive provisions of the circular regulations, the parties shall be given necessary and reasonable care and arrangements as far as possible, so as to reflect the punishment of illegal administrative acts and the care and compassion for the infringed party.

The views are quoted from the web link.

Jiaozuo Municipal Bureau of Natural Resources and Planning.

Legal analysis: If the forcibly demolished house is an administrative violation, then there is compensation. The compensation given to the expropriated person by the people at the city and county level who made the decision to expropriate 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 the loss of key keys caused by the suspension of production and business caused by the expropriation of housing.

Legal basis: Regulations of the People's Republic of China on Compensation for Expropriation and Demolition

Article 17 The compensation given to the expropriated person by the people at the city and county level who made the decision to expropriate the house includes: (A) the 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 those who are being requisitioned.

Article 10 Confession 8 If the expropriated person meets the conditions for housing security, the people at the city and county level who make the decision to expropriate the housing shall give priority to housing security. Specific measures are to be formulated by provinces, autonomous regions, and municipalities directly under the Central Government.

1. The amount of compensation shall be determined according to the loss of the value of the house, the loss of buried items and house decoration, relocation, temporary resettlement compensation and other losses if the house is legally demolished. 2. The compensation for the value of the expropriated house shall not be lower than the market of similar real estate of the expropriated house on the date of the announcement of the expropriation decision. 3. If the relocation is caused by the expropriation of the house, the housing expropriation department shall pay the relocation fee to the expropriated person; If the property right exchange is chosen, the housing expropriation department shall pay a temporary resettlement fee or provide swing housing to the recipient of the property right exchange before the delivery of the property right exchange house.

Article 36 of the State Compensation Law Infringement of the property rights of citizens, legal persons and other organizations causing harm shall be dealt with in accordance with the following provisions: (1) Where fines or fines are imposed, or property is recovered or confiscated, or property is illegally expropriated or requisitioned, the property is returned; (2) Where the property that should be returned is damaged, it shall be restored to its original state if it can be restored to its original state, and if it cannot be restored to its original state, the corresponding compensation shall be paid according to the degree of damage; (3) Where the property that should be returned is lost, the corresponding compensation shall be paid; (4) Where permits and licenses are revoked, or a suspension of production or business is ordered, compensation is made for necessary recurrent expenses during the period of suspension of production and business; (5) Where fines or fines for enforcement are returned, money recovered or confiscated, or deposits or remittances that have been unfrozen, interest shall be paid to the bank for the same period; (6) Where jujube filial piety causes other harm to property rights and is delayed, compensation shall be given in accordance with direct losses.

After the house is forcibly demolished, compensation shall be made for the building materials and the items in the building, and if the house is sold and demolished and the personal and property rights and interests of the demolished party are infringed, compensation shall be compensated for the loss of rent, relocation loss, temporary resettlement compensation, loss of buried items, and loss of house decoration due to the illegal demolition of the house.

[Laws and Laws].Article 4 of the Law on State Compensation.

1) Illegally imposing administrative punishments such as fines, revocation of permits and licenses, orders to suspend production and business, or confiscation of property;

2) Illegally employing administrative compulsory measures such as sealing, seizing, or freezing property;

3) Illegally expropriating or requisitioning property;

4) Other illegal acts that cause damage to property.

Hello, after the house is illegally demolished, the person who suggests that the expropriated person can file an administrative lawsuit with the court in a timely manner to request confirmation that their demolition is illegal, and after confirming that the demolition is illegal, apply to the compensation authority in a timely manner.