Traditional Culture Encyclopedia - Travel guide - What are the compensation methods for land acquisition in Laiwu?

What are the compensation methods for land acquisition in Laiwu?

Article 2 of Laiwu Land Acquisition Compensation Measures: Within the administrative area of ??this city, for the needs of public interests, if the houses of entities and individuals on state-owned land are expropriated, the owner of the expropriated house (hereinafter referred to as the owner of the expropriated house) The collector) shall apply for compensation. Article 3 House expropriation and compensation shall follow the principles of democratic decision-making, proper procedures, fair compensation, and open results. When personal residences are expropriated, the living conditions of the expropriated persons shall be guaranteed. Article 4 The municipal and district people's governments are responsible for the expropriation and compensation of houses on state-owned land within their respective administrative regions. The Housing and Urban-Rural Development Department of the Municipal People's Government is the city's housing expropriation department, responsible for organizing and implementing the housing expropriation projects determined by the municipal government, and working with relevant departments to guide the city's housing expropriation implementation; the District People's Government's Urban and Rural Development Department is the district's housing expropriation department, responsible for organizing and implementing House expropriation and compensation work within the jurisdiction; the High-tech Zone Management Committee, the Xueye Tourism Zone Management Committee, the Economic Development Zone Management Committee, and the Nonggao District Management Committee are the house expropriation departments of this functional area, responsible for organizing and implementing the housing expropriation within the jurisdiction Expropriation and compensation work. Departments such as development and reform, finance, market supervision, planning, land and resources, urban management, petitions, and prices shall carry out work related to housing expropriation and compensation according to their division of responsibilities. Town governments, sub-district offices and community residents’ committees should cooperate with the housing expropriation department to carry out house expropriation and compensation work. Article 5 The house expropriation department may entrust the house expropriation implementation unit to undertake the specific work of house expropriation and compensation. The housing expropriation implementation unit shall not be for profit. The house expropriation department is responsible for supervising the house expropriation and compensation actions carried out by the house expropriation implementation unit within the scope of entrustment, and shall bear legal responsibility for the consequences of its actions. Article 6 The municipal and district people's governments shall include the funds for house expropriation and compensation into the fiscal budget at the same level. Article 7 Personnel engaged in house expropriation and compensation work should have relevant legal knowledge and business knowledge, and implement house expropriation and compensation in accordance with the law. The housing expropriation department or the housing expropriation implementation unit may entrust units with corresponding qualifications to undertake professional work such as surveying and mapping, pre-assessment, and legal services. House demolition projects shall be undertaken by construction enterprises with corresponding qualification levels. According to the provisions of laws and regulations, if it is necessary to determine the construction enterprise for the demolition of expropriated houses through bidding, it shall be determined through bidding. During the demolition process of houses and buildings, construction safety and dust control work should be done well. Article 8 Any organization or individual has the right to complain or report to the municipal (district) people's government, the housing expropriation department and other relevant departments for violations of these regulations. People's governments and departments that receive complaints and reports should verify and handle them in a timely manner. Chapter 2 Expropriation Decision Article 9 In order to protect national security, promote national economic and social development and other public interests, if there is any need to expropriate houses under any of the following circumstances, the municipal or district people's government shall requisition the houses on state-owned land. Expropriation is carried out in accordance with the law: (1) The needs of national defense and diplomacy; (2) The needs of energy, transportation, water conservancy and other infrastructure construction organized and implemented by the government; (3) Science and technology, education, culture, health, sports and other projects implemented by the government , environment and resource protection, disaster prevention and reduction, cultural relics protection, social welfare, municipal public utilities and other public undertakings; (4) The needs of the construction of affordable housing projects organized and implemented by the government; (5) The government shall organize and implement affordable housing projects in accordance with the needs of urban and rural areas. The need to organize and implement the relevant provisions of the Planning Law for the reconstruction of old urban areas in areas with concentrated dilapidated buildings and backward infrastructure; (6) The needs of other public interests stipulated in laws and administrative regulations. Houses on state-owned land shall not be expropriated except for the circumstances listed in the preceding paragraph. Article 10 If a house is expropriated in accordance with the provisions of Article 9 of these Measures, the construction project organization and implementation unit determined by the government shall propose to the house expropriation department to initiate the house expropriation procedure, explain the scope of house expropriation and the specific circumstances that are in the interests of the public, and submit Certification documents issued by the development and reform department that the project complies with the national economic and social development plan, certification documents issued by the land and resources department that the project complies with the overall land use plan, and certification documents issued by the planning department that the project complies with urban and rural planning and special planning. If houses need to be expropriated due to the construction of affordable housing projects or the reconstruction of old urban areas, the organization and implementation unit of the construction project shall, in addition to submitting the certification documents specified in the preceding paragraph, also submit a certificate issued by the development and reform department that the construction project is included in the annual national economic and social development plan. document. If the housing expropriation department deems it meets the statutory conditions after review, it shall submit review opinions to the municipal or district people's government. If the municipal or district people's governments decide to initiate house expropriation procedures, they shall reasonably determine the scope of house expropriation. Article 11 After the scope of house expropriation is determined and announced, the following acts of improperly increasing compensation fees shall not be carried out within the scope of house expropriation: (1) Changes in the property distribution of houses, etc., except for the effective judgments and awards of the People's Court or arbitration institutions; (2) )Business registration, change of house use; (3) New construction, reconstruction, expansion and decoration of houses; (4) Other behaviors that improperly increase compensation fees. No compensation will be given for violations of regulations. The housing expropriation department shall notify the relevant departments in writing of the restrictions specified in the preceding paragraph to suspend the relevant procedures. The maximum period of suspension shall not exceed one year. Article 12 The house expropriation department shall organize an investigation and registration of the ownership, location, purpose, construction area, etc. of the houses within the scope of house expropriation, and the expropriated persons shall cooperate.

For houses without registered ownership, the municipal and district people's governments shall organize relevant departments such as house expropriation, land resources, planning, urban management, housing and urban-rural development, market supervision, taxation, and auditing to identify and handle them in accordance with the law, and issue relevant identifications. and processing results. The house expropriation department shall publicize the results of house investigation registration, identification and processing within the scope of house expropriation. If there is any objection to the results of housing survey registration, identification and processing, the municipal or district people's government shall organize relevant departments to review and handle the matter in a timely manner. Article 13 The house expropriation department shall formulate an expropriation compensation plan and submit it to the municipal or district people's government. The expropriation compensation plan shall include the following contents: (1) The house expropriation department and the house expropriation implementation unit; (2) The scope of house expropriation, the basis for expropriation, the purpose of expropriation, the contract period, etc.; (3) The basic situation of the expropriated houses; (4) Compensation methods, compensation standards and evaluation methods; (5) The location, single building area and number of houses used for property rights exchange, and the value determination of property rights exchange houses; (6) Transition methods and relocation fees, temporary resettlement fees, and losses from production and business suspension Compensation fee standards; (7) Subsidies and incentives, etc. Article 14 The municipal and district people's governments shall organize development and reform, finance, land and resources, housing and urban-rural construction, planning, urban management, letters and visits, auditing and other departments to demonstrate the expropriation compensation plan and make it public within the scope of house expropriation. The publicity period shall not be less than thirty days. Due to the expropriation of houses for the reconstruction of old urban areas, more than half of the expropriated persons believe that the expropriation and compensation plan does not comply with the State Council's "Regulations on the Expropriation and Compensation of Houses on State-owned Land", the "Regulations on the Expropriation and Compensation of Houses on State-owned Land of Shandong Province" and these Measures. The municipal and district people's governments should organize hearings attended by representatives of the expropriated persons and public representatives, and revise the plan based on the results of the hearings. The hearing work shall be organized and implemented by the departments or institutions determined by the municipal and district people's governments. Municipal and district people's governments shall promptly announce the solicitation of opinions on expropriation and compensation plans and the modifications based on public opinions. Article 15 Before making a decision on house expropriation, the municipal or district people's government shall organize stability maintenance, petition departments, house expropriation departments and relevant units to ensure the legality, rationality, feasibility, controllability of house expropriation and the compensation fees for expropriation. , risk mitigation measures, emergency response plans and other contents to evaluate and demonstrate, and form a social stability risk assessment report. The social stability risk assessment report should be used as an important basis for making decisions on house expropriation. If the house expropriation decision involves more than 300 households, it shall be discussed and decided at the executive meeting of the municipal or district people's government. Before making a decision on house expropriation, the compensation fees for expropriation should be paid in full, stored in a special account, and earmarked for special use. Article 16 If the house expropriation matter meets the statutory conditions, the municipal or district people's government shall make a house expropriation decision in accordance with the law. The municipal and district people's governments shall issue an announcement within the scope of house expropriation within 3 days from the date of making the decision on house expropriation. The announcement shall specify the expropriation compensation plan, administrative reconsideration, administrative litigation rights and other matters. The district people's government's expropriation compensation plan and expropriation decision shall be reported to the municipal housing expropriation department for record. Chapter 3 Compensation Article 17 The people's government that makes the decision to expropriate houses shall provide compensation to the expropriated persons. The compensation content shall include: (1) Compensation for the value of the expropriated houses; (2) Compensation for relocation caused by the expropriation of houses; (3) ) Compensation for temporary resettlement caused by house expropriation; (4) Compensation for losses caused by suspension of production and business due to house expropriation. The value of the expropriated house includes the decoration value of the house and the value of the state-owned land use rights attached to the house. The municipal and district people's governments shall provide subsidies and rewards to eligible persons subject to expropriation. Article 18 The compensation for the value of the expropriated residential houses shall be determined by the real estate price evaluation agency based on the market price of new ordinary commercial housing in the location of the expropriated houses on the date of announcement of the house expropriation decision. The minimum compensation value for expropriated residential houses is 90% of the market assessed price of new ordinary commercial housing in the area where the expropriated houses are located. Compensation for the value of expropriated non-residential houses shall not be lower than the market price of similar real estate in the location of the expropriated house on the date of announcement of the house expropriation decision, and shall be assessed and determined by a real estate price assessment agency. The value of the interior decoration of the expropriated houses shall be determined through negotiation by the parties involved in the expropriation; if the negotiation fails, the corresponding evaluation agency may be entrusted to evaluate and determine the value. Article 19 The expropriated person can choose monetary compensation or exchange of house property rights. Article 20 If the expropriated person chooses to exchange the property rights of the house, the house exchange shall be carried out on-site or in another place according to the urban planning and construction project. The values ??of property rights exchanged houses and expropriated houses shall be assessed and determined in accordance with the provisions of these Measures. After both parties settle the price difference, the ownership of the property-exchanged house will belong to the expropriated party. If personal residences are expropriated due to the reconstruction of old urban areas, and the expropriated person chooses to exchange the property rights of the house in the reconstruction area, the people's government that makes the decision to expropriate the house shall provide houses in the reconstruction area or the nearby area. Article 21 For houses used for property rights exchange, the city or district people's government that makes the decision shall organize the site selection, design, construction or purchase. Without the consent of the people's government, commercial housing pre-sale licenses and current sales registration procedures are not allowed for houses used for property rights exchange; when the old city is renovated, houses used for property rights exchange are given priority before other houses can be built.

The compensation method for land expropriation in Laiwu is to better protect the interests of the masses when expropriating land. Regarding the current land expropriation policy, the state has documented instructions to pay compensation first and then expropriate the land. If there is any violation of this order, , the parties concerned can report and give feedback to the relevant supervision departments. This kind of supervision has a positive role in promoting land acquisition.