The requisition of land for national construction shall be subject to the needs of the state and shall not be obstructed. 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.
First, what should be paid attention to in house demolition?
(a) adhere to the demolition according to law.
The compensation funds for house demolition involve many farmers, and there are also problems such as foundation position, house level, seat orientation and area during resettlement. Every link involves the vital interests of the masses and is the most sensitive to farmers. If there is a slight error in the housing area and compensation amount of the relocated households, farmers will accuse and abuse them and refuse to remove them. Therefore, adhering to legal demolition is the only correct choice for rural housing demolition.
(B) to achieve the combination of rationality and flexibility
In terms of compensation price, because each demolition project has its particularity, choosing the demolition policy will often bring two specific problems. First, the price standard of compensation is far lower than the actual transaction price or the psychological endurance of the masses; Second, the compensation standard is much higher than the psychological requirements of the masses. Therefore, we should adhere to the combination of rationality and flexibility in demolition. If the compensation standard is too high, other resettlement schemes with more reasonable compensation price can be adopted to ensure the rationality of the compensation policy. If it is too low, it can be adjusted and supplemented by means such as incentives. In terms of resettlement methods, in order to meet the requirements of different types of relocated households, it is generally necessary to adopt as many resettlement schemes as possible for the relocated households to choose freely, and the relocated households think that the most feasible resettlement scheme can be tilted in policy. In addition, the special situation of needy households must be considered in the actual demolition. For example, poor households can be settled through public housing; For needy households with large population and small original land area, there are safeguards to allow them to increase the resettlement land area after paying land use fees.
(3) Pay attention to the initiative.
In house demolition, contradictions often occur between the demolished and the demolished. Therefore, as a demolition person, we should always take the initiative in the process of demolition. First, in terms of payment methods, after signing the agreement, a part of the prescribed compensation fees should be paid first, and all of them will be settled after the house is moved and accepted by the demolished; Second, in the setting of incentive fees, those who sign the demolition agreement and move on time can be rewarded; Third, in policy formulation, methods such as joint examination, demonstration, trial calculation, analysis and comparison can be adopted to ensure that the policy content is comprehensive, detailed and operable; Fourth, ensure the quality of new houses and the trust of relocated households in the demolition work.
(four) to have a just, fair and open working procedure.
House demolition involves a large number of relocated households. A little carelessness may lead to unnecessary contradictions. Farmers value "seeing is believing" most. Therefore, they must not engage in "black-box operation" and must adopt fair, fair and open working procedures. The compensation price after housing measurement and evaluation should be posted in time. After the measurement and evaluation of the housing situation, with the consent of local cadres and representatives of the masses, can also be announced to the public. In addition, the implementation of new house resettlement must be carried out by lottery under the supervision of the notary department. Grasping the fair, just and open procedures in the compensation and resettlement work will win the trust of the relocated households and lay a solid foundation for the signing of the demolition agreement and the relocation of houses.
(five) to strengthen the publicity and training of the demolition policy.
Strengthen the operation training of demolition staff. Before the demolition, the relevant staff must be organized for training to understand the situation and master the skills of policy operation. It is necessary to widely publicize the relevant demolition policies to the relocated households, especially to do a good job of explanation. In specific work, we can list typical demolition cases, so that the relocated households can really understand the demolition policy, thus changing passive psychology into active psychology and better cooperating with the demolition work.
2. What are the compensation methods for rural house demolition?
1, monetary compensation
Monetary compensation is a professional evaluation of the demolished houses by professional evaluation institutions according to different legal basis, and a well-documented multi-compensation amount is generated.
Market evaluation price: refers to the real estate market price of the demolished house. It is an activity that professional appraisal institutions that meet the requirements, follow the appraisal principles and follow the appraisal procedures, choose appropriate appraisal methods, comprehensively analyze the factors that affect the real estate price, and estimate and judge the objective and reasonable price or value of real estate at the appraisal time.
Average transaction price of commercial housing: refers to the average transaction price of ordinary residential commercial housing in the same region and type, which is regularly summarized, calculated and published by relevant departments every quarter.
Replacement price: refers to the normal price of a new building with the same function and use as the appraised object determined by the appraisal institution according to the price level at the appraisal time by using the building materials and construction technology at the appraisal time.
2. Property right replacement
Property right replacement is also called property right replacement. According to different evaluation methods, there are two alternative methods. Value standard property right replacement refers to the evaluation of the property right value of the demolished house according to legal procedures, and then the equivalent replacement of the value with the property right of the newly-built house. Area standard property right exchange refers to the exchange of property rights in different places based on the construction area and without settlement of the price difference within the resettlement area.
3. Comprehensive compensation
This kind of compensation means both monetary compensation and property right replacement. Due to many objective factors such as China's urbanization process, housing prices and land prices are artificially high, which leads to many problems that cannot be solved by monetary compensation or property rights replacement alone, so a compensation method combining monetary compensation and property rights replacement has emerged.
Legal basis:
regulations on the expropriation and compensation of houses on state owned land
Sixteenth 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 increase the compensation fees improperly; 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.