Traditional Culture Encyclopedia - Hotel franchise - What are the countermeasures to deal with contradictions and disputes in land acquisition and demolition?

What are the countermeasures to deal with contradictions and disputes in land acquisition and demolition?

Legal subjectivity:

1. Mass work is not easy to do. At present, it is difficult to advance the land requisition and demolition of individual projects, which seriously affects the progress of project construction. More prominent are: the key project Times Square, which is a large-scale modern and intelligent urban complex integrating apartments, hotels, office buildings, businesses and underground parking. Among them, two two-character towers with a height of 162 meters will become the landmark buildings in Hohhot. At present, due to the unfinished requisition and demolition of Yingbin Hotel and five households, the overall implementation of the project is affected. Among them, Yingbin Hotel offered 15 million yuan in monetary compensation and provided three acres of land, but it has been unable to reach an expropriation agreement because of the exorbitant price. After preparing the ruling, apply to the court for compulsory execution. The project has lasted for 12 years, and the financial cost of the enterprise is increasing, which also seriously affects the image of the city. It is urgent to demolish Yingbin Hotel according to law, so as to influence and promote the demolition of the remaining five households. 2. The compulsory procedure is not perfect. Coercion is the last guarantee to complete the land acquisition and demolition work, but due to imperfect procedures and other reasons, coercion is rarely used in practical work. On the one hand, the compulsory procedure is cumbersome. In order to protect people's property interests, the state has formulated a relatively perfect legal procedure. If compulsory measures are taken, it will take at least one month or even half a year, which will affect the progress of project construction. This method is often not adopted by the government and developers. On the other hand, the program execution is not in place. For example, hearings are required for land acquisition and demolition of large projects, but some project-related departments are afraid of trouble or cannot perfect the licensing conditions, which weakens this function, causes imperfect legal procedures, affects the use of coercive means, and even causes "decapitation" projects, affecting the ruling image of local governments. 3. The working mechanism is not perfect. First, the township (street) government (office) has become the main body of work. The market-oriented operation mechanism of land acquisition and demolition is not yet mature, and the role of the demolition company has not been fully exerted, and the corresponding functions have been transferred to the government, resulting in dislocation of work. Second, the work force is insufficient. Some projects, such as land acquisition and demolition of star-rated hotels, have a heavy task, but no project office has been set up. After the centralized forced demolition, some follow-up workload is heavy, and it is difficult for street-related staff to advance. Third, the staff's enthusiasm is limited. The funds for land acquisition and demolition are relatively limited, and the economic benefits of relevant staff are relatively low; Many comrades who have been in the front line of land acquisition and demolition for a long time are often complained or abused and harassed by individual people, which affects their work enthusiasm to some extent. Legal objectivity:

How to improve compensation in land acquisition and demolition? What compensation for demolition is based on the value of the house? The value of the expropriated house is assessed and determined by a real estate price assessment agency with corresponding qualifications according to the house expropriation assessment method. Increasing compensation can only enhance the value, such as the school district housing type. Article 19 of the Regulations on Expropriation and Compensation of Houses on State-owned Land shall not be lower than the market price of houses similar to real estate on the date of announcement of the decision on house expropriation. The value of the house to be expropriated shall be assessed and determined by the real estate price assessment agency with corresponding qualifications in accordance with the house expropriation assessment method. If there is any objection to the value of the expropriated house determined by the assessment, it may apply to the real estate price assessment agency for review and assessment. If there is any objection to the review results, you may apply to the real estate price evaluation expert Committee for appraisal. Measures for the assessment of house expropriation shall be formulated by the competent department of housing and urban construction in the State Council, and opinions shall be solicited from the public during the formulation process. Twentieth real estate price assessment agencies are selected by the expropriated person through consultation; If negotiation fails, it shall be determined by majority decision and random selection, and the specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government. Real estate price assessment agencies shall independently, objectively and impartially carry out the house expropriation assessment, and no unit or individual may interfere. Twenty-first expropriated people can choose monetary compensation, but also choose the exchange of housing property rights. If the expropriated person chooses to exchange property rights, the people's government at the city or county level shall provide houses for property rights exchange, and calculate and settle the difference between the value of the expropriated house and the value of the houses for property rights exchange with the expropriated person. If the expropriated person chooses to exchange the property right of the house in the rebuilt area because of the expropriation of personal residence in the old city, the people's government at the city or county level that made the decision on house expropriation shall provide the houses in the rebuilt area or the nearby area.