Nowadays, many people dream that their houses can be demolished, because this may make you rich overnight. But when good things really fall on your head, many people panic and start searching for information online and asking questions. In summary, the most concerned issue for the majority of demolished people is demolition compensation. Many parties come to consult about the compensation methods and how to make compensation.
1,
Compensation method
compensation method
compensation method is that the person being demolished can independently choose currency compensation or property rights replacement compensation, and directly settle the currency. means that administrative entities such as district and county governments or village committees, a certain company and other civil entities give benefits compensation to the demolished houses and land use rights in the expropriation and demolition projects they have legally initiated. Compensation is a concept corresponding to expropriation, and administrative compensation should compensate the direct losses of the demolished households.
According to the "direct loss" scope stipulated in " National Compensation Law " includes the demolished building reset cost loss and the rights and interests of house demolition resettlement compensation that the demolition person should enjoy. Compensation and compensation are completely different legal concepts. The two should never be vague. What the people say is that you demolish my house and occupy my land. It is a bit incomplete to pay me. When I communicated with the expropriation party next time, I said that I would like to compensate me, so that the expropriation party can immediately feel our professionalism!
2,
General compensation standards
The purpose of the demolition person should never be to obstruct the expropriation project itself, but to strive for fair and reasonable expropriation compensation recognized by law.
Compensation standard: generally refers to the calculation method based on the amount of expropriation compensation, and whether the compensation standard based on is the latest price standard at the expropriation time. The advice to everyone is that first, it can be compared with the market price of surrounding commercial housing, because the compensation for the value of expropriated houses shall not be lower than the market price of expropriated houses similar to real estate on the date of the announcement of the house expropriation decision, which has sufficient legal basis.
Secondly, must consider the living conditions and living standards after demolition. The original living standards will not be reduced and the long-term livelihood will be guaranteed. This is a basic principle of demolition. The expropriation party has not announced the compensation standards of this province and has not considered the reasonable and legal requirements of the parties. The specific compensation standards for the amount only exist in the comprehensive land price standards for the expropriation of agricultural land, and the compensation amount is directly and simply determined.
3,
National non-unified standard
Since the policies applicable to each demolition project in all parts of the country are different, the demolition compensation standards are also different, and there is no unified compensation standards in all parts of the country, which has a guiding and restrictive effect on the formulation of specific local compensation standards by administrative agencies across the country.
11 Wandian Lawyer reminds you:
If the compensation is very small, the people must seek the help of professional lawyers and safeguard their legitimate interests in accordance with the law. There is no unified compensation standard for demolition across the country, and it is formulated by various places based on actual expropriation.
And with the gradual deepening of reforms in economic construction, the latest land compensation prices in various places have been fully transparent! Ministry of Natural Resources established a national land area price database, and the compensation price can be checked by the people themselves. They are no longer afraid of losing money when expropriating land!
can only view the compensation standard after it is announced locally. In some places, compensation standards will not be updated for seven or eight years, or even the compensation standards will not be announced, which will lead to opaque compensation prices, and it is easy for everyone to suffer losses in land acquisition.
The General Office of the Ministry of Natural Resources recently issued the "Notice on Establishing a National Comprehensive Land Price Database for Agricultural Areas". According to the "Notice", the Ministry of Natural Resources has now established a national district price database. Natural resources departments in various places are seizing the time to fill in the district price of various places into the database.
After the national data is entered one after another, the compensation standards will be fully transparent, and everyone can query the local compensation standards with one click! This avoids the issue of not proactively publishing compensation standards in some places. Once the people find that the compensation given by the local government is lower than the standards published by the database, then we can actively protect our rights and strive for reasonable compensation.
