1.2011released on May 4th.
2. E. Zheng Ban Fa (20 1 1) No.40
Municipal, state and county people's governments and provincial government departments:
In order to effectively implement the Regulations of the State Council on the Expropriation and Compensation of Houses on State-owned Land (hereinafter referred to as the Regulations), standardize the expropriation activities according to law, protect the legitimate rights and interests of the expropriated people, and promote the smooth development of the expropriation and compensation of houses on state-owned land in Hubei Province, relevant matters are hereby notified as follows:
First, fully understand the significance of the promulgation and implementation of the "Regulations".
The promulgation and implementation of the "Regulations" is an important measure to further standardize the housing expropriation and compensation activities on state-owned land and protect the legitimate rights and interests of the expropriated people. It is also an inevitable requirement for thoroughly implementing Scientific Outlook on Development, building a harmonious society and promoting comprehensive, coordinated and sustainable economic and social development. Governments at all levels and relevant departments should fully understand the significance of the promulgation and implementation of the Regulations, earnestly study, profoundly understand and accurately grasp the spiritual essence of the Regulations, and fully implement the provisions of the Regulations. It is necessary to increase the publicity of the regulations, so that the expropriation implementation unit and the expropriated person know the law and abide by the law, consciously carry out house expropriation activities in accordance with the regulations, ensure the smooth progress of urban construction, and promote the economic and social scientific development and leap-forward development of the province.
Two, in accordance with the requirements of the "Regulations" to do a good job of housing expropriation.
The people's governments at the city and county levels should, in accordance with the requirements of the Regulations, establish local housing expropriation departments and housing expropriation implementation units as soon as possible, formulate policies and regulations that are compatible with the Regulations, ensure the personnel and funds needed for the implementation of housing expropriation, and earnestly fulfill the responsibility of the government as the main body of housing expropriation on state-owned land.
Before the promulgation of the Measures for Expropriation and Compensation of Houses on State-owned Land in Hubei Province, the value of houses expropriated on state-owned land in various places can be assessed and determined by real estate price assessment agencies with corresponding qualifications in accordance with the Measures for Expropriation and Assessment of Houses. The selection of evaluation institutions shall be determined by the expropriated person through consultation. If negotiation fails, it can be selected in an open, fair and just way, such as voting, lottery and lottery. If the collection department or the expropriated person has any objection to the review results of the real estate price assessment agency, it may apply to the expert committee of real estate price assessment in the districts and cities for appraisal; For non-residential houses used for legal operation, the compensation standard should be determined according to the benefits before the house is expropriated, the period of suspension of production and business, and other factors combined with the actual situation in various places. Expropriation of individual housing, the expropriated person meets the conditions of applying for low-rent housing, public rental housing, affordable housing, price-limited commercial housing and other affordable housing, and the people's government at the city or county level that has made the decision on housing expropriation shall give priority to the allocation and resettlement.
Three, conscientiously do a good job in the "Regulations" before the implementation of the unfinished demolition project follow-up.
According to the "Regulations", the "Regulations on the Management of Urban House Demolition" issued by the State Council in June, 20001has been abolished, and the projects that have obtained the house demolition permit according to law before the implementation of the "Regulations" will continue to be handled in accordance with the original regulations. For such demolition projects, all localities should strengthen the guidance and supervision of the demolition people and the demolition implementation units, and do a good job in the compensation and resettlement of the demolition people according to law. It is necessary to strictly implement the relevant provisions, standardize the behavior of administrative adjudication, and ensure the legality and fairness of administrative adjudication. If the party refuses to perform the administrative ruling, the government and relevant departments shall not organize the implementation of administrative compulsory demolition. 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, and it is really necessary to forcibly remove the house, the people's government of the city or county that made the decision on house expropriation shall apply to the people's court for compulsory execution according to law. For projects that have obtained the approval documents of land use rights according to law but have not yet obtained the demolition permit, all localities should handle them carefully according to law, and the people's governments at the city and county levels should make a decision on expropriation according to the relevant provisions of the Regulations to prevent legal disputes from arising therefrom.
Municipalities, county-level people's governments and relevant departments should strengthen their political awareness, overall awareness and sense of responsibility, do a good job in the analysis and judgment of the local housing expropriation situation in accordance with the principle of "territorial management and graded responsibility", timely grasp and solve the tendentious problems that appear in the housing expropriation compensation, and prevent the intensification of contradictions. In the process of house expropriation (demolition), if the forced demolition by violence or threat causes casualties or heavy property losses, the public security organ shall intensify the handling of cases, severely punish criminals according to law, and earnestly safeguard social harmony and stability.