With reference to the provisions of Article 25 of the Regulations on Expropriation and Compensation of Houses on State-owned Land, the house expropriation department and the expropriated person shall, in accordance with the provisions of this Ordinance, conclude compensation agreements on matters such as compensation methods, compensation amount and payment period, location and area of houses with property rights exchange, relocation expenses, temporary resettlement expenses or revolving houses, losses due to suspension of production or business, relocation period, transition mode and transition period. After the conclusion of the compensation agreement, if one party fails to perform the obligations stipulated in the compensation agreement, the other party may bring a lawsuit according to law.
According to Article 27 of the Regulations on Expropriation and Compensation of Houses on State-owned Land, the implementation of house expropriation should be based on compensation before demolition. After the people's government at the city or county level that made the decision on house expropriation compensated the expropriated person, the expropriated person shall complete the relocation within the relocation period agreed in the compensation agreement or determined in the compensation decision. No unit or individual may force the expropriated person to move by means of violence, threat or violation of regulations to interrupt water supply, heat supply, gas supply, power supply and road traffic. Construction units are prohibited from participating in relocation activities.
According to Article 28 of the Regulations on Expropriation and Compensation of Houses on State-owned Land, if the expropriated person does not apply for administrative reconsideration or bring an administrative lawsuit within the statutory time limit, and does not move within the time limit stipulated in the compensation decision, the people's government at the city or county level that made the decision on house expropriation shall apply to the people's court for compulsory execution according to law. The application for compulsory execution shall be accompanied by the amount of compensation, the account number of the special account, the location and area of the property right exchange house and the turnover house.
Extended data
Referring to Article 12 of the Regulations on Expropriation and Compensation of Houses on State-owned Land, the people's governments at the city and county levels shall conduct social stability risk assessment in accordance with relevant regulations before making a decision on house expropriation; The decision of house expropriation involves a large number of people to be expropriated, which shall be discussed and decided by the executive meeting of the government. Before making a decision on house expropriation, the compensation fee shall be paid in full, stored in a special account and used for special purposes.
Referring to Article 15 of the Regulations on Expropriation and Compensation of Houses on State-owned Land, the house expropriation department shall organize investigation and registration on the ownership, location, use and construction area of houses within the scope of house expropriation, and the expropriated person shall cooperate. The survey results shall be announced to the expropriated person within the scope of house expropriation.
Referring to Article 16 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land, after the scope of house expropriation is determined, it is not allowed to build, expand, rebuild houses and change the use of houses within the scope of house expropriation, and so on to improperly increase the compensation expenses; In violation of the provisions of the implementation, no compensation. The house expropriation department shall notify the relevant departments in writing of the matters listed in the preceding paragraph to suspend the relevant procedures. The written notice of suspension of relevant formalities shall specify the suspension period. The maximum suspension period shall not exceed 1 year.
According to Article 17 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land, the compensation given to the expropriated person by the people's government at the city or county level that made the decision on house expropriation includes:
(1) Compensation for the value of the expropriated house;
(two) relocation compensation and temporary resettlement caused by the expropriation of houses;
(3) Compensation for losses caused by expropriation of houses.
The people's governments at the city and county levels shall formulate measures for subsidies and incentives, and give subsidies and incentives to the expropriated people.
Referring to Article 18 of the Regulations on Expropriation and Compensation of Houses on State-owned Land, if the expropriated person meets the housing guarantee conditions, the people's government at the city or county level that made the decision on house expropriation shall give priority to housing protection. Specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.
With reference to Article 19 of the Regulations on Expropriation and Compensation of Houses on State-owned Land, the compensation for the value of houses to be expropriated shall not be lower than the market price of similar real estate houses on the day when the decision on house expropriation is announced. The value of the house to be expropriated shall be assessed and determined by a 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 housing 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.
According to Article 21 of the Regulations on Expropriation and Compensation of Houses on State-owned Land, 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.
According to the provisions of Article 22 of the Regulations on Expropriation and Compensation of Houses on State-owned Land, if houses need to be relocated due to expropriation, the house expropriation department shall pay the relocation fee to the expropriated person; If the house property right exchange is selected, before the house property right exchange is delivered, the house expropriation department shall pay the temporary resettlement fee to the expropriated person or provide the revolving house.
Referring to Article 26 of the Regulations on Expropriation and Compensation of Houses on State-owned Land, if the house expropriation department and the expropriated person fail to reach a compensation agreement within the signing period determined by the expropriation compensation scheme, or the owner of the expropriated house is unknown, the house expropriation department shall report to the people's government at the city or county level that made the decision on house expropriation, make a compensation decision according to the expropriation compensation scheme, and make an announcement within the scope of house expropriation.
The compensation decision shall be fair, including matters related to the compensation agreement as stipulated in the first paragraph of Article 25 of these Regulations. If the expropriated person refuses to accept the compensation decision, he may apply for administrative reconsideration or bring an administrative lawsuit according to law.
Central People's Government-Regulations on Expropriation and Compensation of Houses on State-owned Land