Traditional Culture Encyclopedia - Photography and portraiture - Will the dormitory of Laiwu Winery be demolished?
Will the dormitory of Laiwu Winery be demolished?
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Compensation provisions of the new demolition law
Chapter I General Provisions
Article 1 These Regulations are formulated for the purpose of regulating the expropriation and compensation activities of houses on state-owned land, safeguarding public interests and safeguarding the legitimate rights and interests of the owners of expropriated houses.
Article 2 In order to meet the needs of public interests, the expropriation of houses of units and individuals on state-owned land shall give fair compensation to the owner of the expropriated house (hereinafter referred to as the expropriated person).
Article 3 House expropriation and compensation shall follow the principles of democratic decision-making, due process and open results.
Article 4 The municipal and county people's governments shall be responsible for the house expropriation and compensation within their respective administrative areas.
Compensation mode of new demolition law
Monetary compensation refers to the professional evaluation of the demolished houses by professional evaluation institutions through different legal basis, thus generating the compensation amount that can be followed. The following three kinds of legal evaluation basis market evaluation prices refer to the real estate market prices of the demolished houses. It is a professional appraisal institution that meets the requirements, follows the appraisal principles, selects appropriate appraisal methods according to the appraisal procedures, comprehensively analyzes the factors affecting the real estate price, and estimates and judges the objective and reasonable price or value of the real estate at the appraisal time. The average transaction price of commercial housing refers to the average transaction price of ordinary residential commercial housing of the same type in the same area, which is regularly summarized, calculated and published by relevant departments every quarter.
Housing demolition compensation process:
(a) the demolition permit for the demolition of houses.
(two) the house demolition management department shall make an announcement to the public according to the contents of the house demolition permit.
(three) the housing demolition management department and the demolition to the demolition, housing tenant to do a good job of publicity and explanation.
(four) to determine the demolition compensation standard and resettlement plan. Generally speaking, illegal buildings and temporary buildings that exceed the approved period will not be compensated. Compensation for demolition can be divided into general compensation and special compensation. Generally speaking, compensation is divided into monetary compensation, house property right exchange and price difference settlement, and the demolished person can choose the compensation method. Under special circumstances, if the compensation for the demolished person cannot be selected, either only monetary compensation or only house property rights exchange and settlement of the difference.
(five) the demolition and demolition, housing tenant reached a demolition compensation and resettlement agreement.
Characteristics of compensation and resettlement for demolition
1. The compensation and resettlement agreement for house demolition is a legal act of both parties to house demolition. The agreement relationship is mainly attended by both parties to the house demolition, and only one party can't form an agreement relationship.
2. The parties to house demolition have equal legal status. First, regardless of the economic strength and political status of both sides, neither side is allowed to impose its will on the other; The second is to reflect the reciprocity of rights and obligations of house demolition, that is, one party obtains certain rights from the other party and also undertakes corresponding obligations. Any obviously unfair agreement can be revoked.
3. The agreement must be a legal act of both parties to the house demolition. The so-called legal behavior refers to the behavior carried out in accordance with the requirements of the housing demolition regulations. If the parties are qualified, the social organization as the parties to the house demolition agreement should have the legal person qualification; The undertaker must have the authorization certificate of the legal person or legal representative when signing the agreement; There must be legal procedures for entrusting an agent to conclude an agreement; When signing the agreement, the demolished person shall issue legal documents such as property right certificate and use right certificate. An agreement concluded in violation of laws and regulations or by fraudulent means is invalid.
4, housing demolition compensation and resettlement agreement is a legally binding document. Explain that their rights are protected by law after they are produced according to law; After its obligations are generated according to law, they are enforced by law. Secondly, the agreement concluded according to law must be strictly observed, and neither party has the right to change or terminate it without authorization.
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