(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.
Housing replacement compensation is converted into area according to different land prices in the planning area, and the normal compensation standard is not less than 1: 1.33. Monetary compensation: that is, according to the area directly converted into money by farmers, monetary compensation can refer to the price compensation of surrounding commercial houses, which is generally not lower than the unit price of surrounding commercial houses. Then there is the compensation for houses and attachments on the ground. This compensation is usually money.
The compensation methods of house demolition include monetary compensation, property right replacement and combination compensation, and the monetary compensation is mainly to give money; Property right replacement can be equivalent replacement of new houses or equivalent replacement of houses in different places; Combination compensation refers to both monetary compensation and property right replacement, which is the combination of the first two compensation methods.
In the demolition of houses on state-owned land, the compensation given to the expropriated person includes the compensation for the value of the expropriated house, the resettlement subsidy, the loss of production and business suspension, and the relocation fee. In principle, the compensation given to the expropriated person cannot be lower than the original living standard of the expropriated person. Therefore, if the compensation is unreasonable in practice, we can take legal measures to safeguard our legitimate rights and interests.
Common problems in land requisition compensation;
1, the land requisition compensation for merging private plots into contracted land is mainly divided into three types, namely, land compensation fee, resettlement subsidy, ground attachments and young crops subsidy, and resettlement compensation fee and young crops subsidy are paid directly to the expropriated farmers; Not less than 80% of the compensation for ten plots of land will go to the farmers whose land has been expropriated, and the rest of Nakamura collectively hold villagers' meetings to decide how to distribute them.
2. Land compensation fee to distinguish private plots from contracted plots: owned by the village collective; Ground attachments and young crops subsidies: owned by landless farmers; Resettlement subsidy: get resettlement without economic compensation; However, if they are not resettled, they are free to choose whether to get compensation or buy insurance.
3. Rural private plots, private hills and private grasslands all belong to collectives, and members of the collectives only have the right to use them. Collective members shall not lease, transfer or buy or sell these lands, nor shall they use them for other purposes such as building houses.
Legal basis:
regulations on the expropriation and compensation of houses on state owned land
Twenty-first expropriated people can choose monetary compensation, but also choose the exchange of housing property rights. 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.
Twenty-fourth city and county people's governments and their relevant departments shall strengthen the supervision and management of construction activities according to law, and deal with violations of urban and rural planning. Before the people's government at the city or county level makes a decision on house expropriation, it shall organize relevant departments to investigate, identify and deal with unregistered buildings within the scope of expropriation according to law. Compensation should be given to temporary buildings that have been recognized as legal buildings and have not exceeded the approved period; No compensation will be given to illegal buildings and temporary buildings that exceed the approved period.