Traditional Culture Encyclopedia - Hotel franchise - What are the problems in land requisition and demolition?
What are the problems in land requisition and demolition?
1, mass work is not easy to do. At present, it is difficult to promote land acquisition and demolition of individual projects, which seriously affects the progress of project construction. The most prominent projects are: Times Square, a large-scale modern and intelligent urban complex integrating apartments, hotels, office buildings, businesses and underground parking lots, in which two towers as high as 1.62m will become the landmark buildings of Hohhot. At present, the land requisition and demolition of Yingbin Hotel and five households have not been completed, which affects the overall implementation of the project. Among them, Yingbin Hotel offered 65.438+0.5 billion yuan in monetary compensation and provided three mu of land, but the expropriation agreement has not been reached because of the high price. After preparing the ruling, apply to the court for compulsory execution. The project has been going on 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 other five households. 2. The compulsory procedure is not perfect. Coercion is the last guarantee to complete the land acquisition and demolition work, but it is rarely used in practical work because of imperfect procedures and other reasons. On the one hand, the compulsory procedure is cumbersome. In order to protect people's property interests, the state has formulated relatively perfect legal procedures. If compulsory measures are taken, it will take at least one month or even half a year, which will affect the construction progress of the project. This method is often not adopted by the government and developers. On the other hand, the program execution is not in place. For example, large-scale projects need hearings for land acquisition and demolition, but some project-related departments are afraid of trouble or cannot improve the licensing conditions, which weakens this function, causes imperfect legal procedures, affects the use of coercive means, and even causes the project to be "decapitated" and affects 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, the role of demolition companies 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 established. After centralized demolitions, part of the 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 enthusiasm for work to some extent.
Legal objectivity:
regulations on the expropriation and compensation of houses on state owned land
Article 10
The house expropriation department shall draw up a compensation plan and report it to the people's government at the city or county level.
The municipal and county people's governments shall organize relevant departments to demonstrate and publish the compensation scheme for expropriation and solicit public opinions. The time for soliciting opinions shall not be less than 30 days.
regulations on the expropriation and compensation of houses on state owned land
Article 21
The expropriated person can choose monetary compensation or house property right exchange. If the expropriated person chooses to exchange property rights, the people's government at the city or county level shall provide houses with property rights exchange, and calculate and settle the difference between the value of the expropriated house and the value of the houses with property rights exchange with the expropriated person. Because of the expropriation of individual houses in the old city, if the expropriated person chooses to exchange the property rights of the houses in the reconstruction area, the people's government at the city or county level that made the decision on house expropriation shall provide the houses in the reconstruction area or nearby areas.
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