Liu Zheng No.35 [20 1 1]
County People's governments, administrative committees of development zones, experimental zones and demonstration parks, and various departments and institutions directly under the municipal government:
The Interim Measures for the Expropriation and Compensation of Houses on State-owned Land in Lu 'an City have been deliberated and adopted at the 27th executive meeting of the municipal government on June 23, 20 165438, and are hereby issued to you, please follow them.
Lu 'an Municipal People's Government
20 1 1 July12nd, 2008
Interim Measures of Lu 'an Municipality on Expropriation and Compensation of Houses on State-owned Land
Article 1 In order to regulate the expropriation and compensation activities of houses on state-owned land, safeguard public interests and protect the legitimate rights and interests of the owners of houses to be expropriated, these Measures are formulated in accordance with the Regulations on Expropriation and Compensation of Houses on State-owned Land and the actual situation of this Municipality.
Article 2 These Measures shall apply to the house expropriation and compensation activities on state-owned land within the administrative area of this Municipality.
Article 3 In order to meet the needs of public interests, the expropriation of houses of units and individuals on state-owned land shall give fair compensation to the owner of the expropriated house (hereinafter referred to as the expropriated person).
House expropriation and compensation should follow the principles of democratic decision-making, due process and open results.
Article 4 The municipal and county people's governments shall be responsible for the house expropriation and compensation within their respective administrative areas.
County and District People's governments are responsible for the expropriation and compensation of houses on state-owned land within the administrative areas of jin an district and Yu 'an District.
When necessary, the Municipal People's Government may directly expropriate houses on state-owned land within the administrative area of this Municipality.
The relevant departments of the people's governments at the city and county levels shall, in accordance with the provisions of these measures and the division of responsibilities stipulated by the people's governments at the corresponding levels, cooperate with each other to ensure the smooth progress of the house expropriation and compensation work.
Article 5 The Municipal Housing and Urban-Rural Development Committee is the house expropriation department of the Municipal People's Government, and the county housing and urban-rural development department or the department designated by the people's government at the corresponding level is the house expropriation department of the county and district people's governments. The main responsibilities of the house expropriation department are:
(a) the implementation of national and provincial laws, regulations and policies on the expropriation and compensation of houses on state-owned land, formulate specific provisions on the expropriation and compensation of houses on state-owned land within their respective administrative areas, and report them to the people's government at the same level for decision;
(two) to organize the investigation and registration of the ownership, location, use and construction area of the house within the scope of the proposed expropriation, and publish it within the scope of the house expropriation;
(three) to draw up a compensation plan and organize a hearing on the compensation plan with the participation of the expropriated person and public representatives;
(four) the social stability risk assessment of the proposed project;
(five) on behalf of the people's government at the same level to formulate the decision on house expropriation;
(6) Organizing the selection of real estate appraisal institutions;
(seven) signed a house expropriation and compensation agreement with the expropriated person;
(eight) responsible for the management and use of housing expropriation and compensation funds;
(nine) the establishment and management of housing expropriation compensation files;
(ten) entrusted by the people's government at the same level to participate in the administrative reconsideration, administrative litigation and judicial enforcement cases involved in the work of housing expropriation and compensation;
(eleven) to complete other relevant housing expropriation and compensation work assigned by laws and regulations and the people's government at the same level.
City and county people's governments, development and reform, land and resources, urban and rural planning, urban management, finance, public security, justice and other departments, sub-district offices (Township People's governments) and grassroots organizations shall, according to their respective functions and duties, cooperate with each other to assist in the housing expropriation and compensation work.
Article 6 The house expropriation department may entrust the house expropriation implementation unit to undertake the specific work of house expropriation and compensation. The implementation unit of house expropriation shall not be for profit.
The house expropriation department is responsible for supervising the house expropriation and compensation implemented by the house expropriation implementation unit within the scope of entrustment, and shall bear legal responsibility for the consequences of its actions.
Article 7 The Municipal People's Government shall supervise the house expropriation and compensation work of the people's governments at lower levels.
The municipal housing levy department shall strengthen the guidance on the housing levy and compensation work of the housing levy department of the lower people's government.
Article 8 Any organization or individual has the right to report to the relevant people's government, the house expropriation department and other relevant departments. The relevant people's governments, house expropriation departments and other relevant departments that have received the report shall verify and handle it in time.
The supervisory organ shall, in accordance with the provisions, strengthen the supervision of the government and relevant departments or units and their staff involved in the work of house expropriation and compensation.
Chapter II Collection Decision
Article 9 In order to safeguard national security, promote national economic and social development and other public interests, if it is really necessary to expropriate houses under any of the following circumstances, the people's government of the city or county shall make a decision to expropriate houses:
(a) the needs of national defense and diplomacy;
(two) the needs of the government organization and implementation of energy, transportation, water conservancy and other infrastructure construction;
(three) the needs of public utilities such as science and technology, education, culture, health, sports, environmental and resource protection, disaster prevention and mitigation, cultural relics protection, social welfare, and municipal utilities organized and implemented by the government;
(four) the needs of the construction of affordable housing projects organized and implemented by the government;
(five) the needs of the old city reconstruction organized and implemented by the government according to the relevant provisions of the Urban and Rural Planning Law;
(six) the needs of other public interests as prescribed by laws and administrative regulations.
Article 10 According to the provisions of Article 9 of these Measures, if it is really necessary to expropriate houses for all construction activities, it shall conform to the national economic and social development planning, the overall land use planning, urban and rural planning and special planning. The construction of affordable housing projects and the transformation of old urban areas should be included in the annual plan for national economic and social development.
Article 11 The development and reform department of the people's government of the city or county shall issue the approval document of the construction project for the construction activities specified in Articles 9 and 10 of these Measures, and the competent department of urban and rural planning shall determine the scope of the project land.
Twelfth housing expropriation departments according to the construction project approval documents and determine the scope of land for the project, formulate compensation plans, and report to the municipal and county people's governments.
The people's governments at the city and county levels shall organize the departments of development and reform, finance, land and resources, urban and rural planning, cultural relics and other departments to demonstrate the compensation scheme for expropriation, and publish it within the scope of expropriation to solicit public opinions. The time for soliciting opinions shall not be less than 30 days.
Thirteenth housing levy compensation scheme shall include the following contents:
Basis for collection and compensation;
(2) the scope of collection;
(3) Standards and methods for collecting compensation;
(four) the place and standard of property rights transaction;
(5) Temporary transition mode;
(six) the standards and methods of government incentives and subsidies;
(seven) the time limit for signing the house expropriation compensation agreement;
(eight) other matters that need to be explained.
Article 14 The municipal and county people's governments shall promptly announce the situation of soliciting opinions on the compensation scheme for house expropriation and the modification according to public opinions.
Because of the need to expropriate houses due to the transformation of the old city, most of the expropriated people think that the expropriation compensation scheme does not conform to the provisions of these measures, and the people's governments at the city and county levels shall organize a hearing attended by the expropriated people and public representatives, and modify the scheme according to the hearing.
Fifteenth city and county people's government before making a decision on house expropriation, the house expropriation department shall conduct social stability risk assessment in accordance with the relevant provisions; The decision of house expropriation involves a large number of people, which shall be discussed and decided by the executive meeting of the people's government at the same level.
Before making a decision on house expropriation, the house expropriation department of the people's government at the city or county level shall, according to the survey data of the land to be expropriated, prepare the compensation budget for expropriation and report it to the people's government at the same level. The budget for collecting compensation fees shall not be less than the total area of houses to be collected multiplied by the market price of similar real estate in January above. Houses used for real estate exchange can be discounted.
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.
Sixteenth social stability risk assessment report shall include:
(a) the basic situation of the expropriation policy and its necessity, rationality and legitimacy;
(two) to predict and analyze the timing and social impact of the collection policy;
(three) to evaluate and predict the contradictions that may be caused by the introduction of the collection policy and formulate corresponding countermeasures;
(four) the reaction of the masses, the opinions of the relevant departments and the opinions of experts;
(5) The conclusion of social stability risk assessment.
Seventeenth city and county people's governments shall make a public announcement in time after making a decision on house expropriation. The announcement shall specify the compensation plan, administrative reconsideration, administrative litigation rights and other matters.
City and county people's governments and housing levy departments should do a good job in the publicity and explanation of housing levy and compensation.
If houses are expropriated according to law, the right to use state-owned land shall be recovered at the same time. The municipal district shall be decided by the municipal land and resources department to recover the right to use state-owned land.
Article 18 If the expropriated person refuses to accept the house expropriation decision made by the people's government at the city or county level, he may apply for administrative reconsideration or bring an administrative lawsuit according to law.
Nineteenth house expropriation departments shall organize the investigation and registration of the ownership, location, use and construction area of houses within the scope of expropriation, and the expropriated person shall cooperate. The survey results shall be announced to the expropriated person within the scope of house expropriation.
If the expropriated person does not cooperate, the investigation results shall be subject to the valid license or valid certificate.
Twentieth city and county people's governments and their urban management, urban and rural planning, land and resources departments should strengthen the supervision and management of construction activities according to law, and those who violate urban and rural planning will be dealt with according to law.
Before making a decision on house expropriation, the people's governments of cities and counties shall organize relevant departments of house expropriation, land and resources, urban management, urban and rural planning, real estate and so on to investigate, identify and deal with unregistered buildings within the scope of expropriation according to law. Temporary buildings that have been recognized as legal buildings and have not exceeded the approval period shall be compensated; No compensation will be given to illegal buildings and temporary buildings that exceed the approved period. The conclusion should be publicized within the scope of collection.
Twenty-first 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 other acts of improperly increasing compensation fees; 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.
Chapter III Compensation
Twenty-second compensation for the expropriated person includes:
(1) Compensation for the value of the expropriated house;
(two) relocation compensation and temporary resettlement caused by the expropriation of houses;
(three) compensation for losses caused by the expropriation of houses;
Twenty-third to encourage the early signing of incentives, timely performance incentives, one-time subsidies and other ways to actively cooperate with the housing levy compensation work to give subsidies and incentives. Specific subsidies and incentives shall be stipulated by the municipal and county people's governments in the compensation scheme.
Twenty-fourth expropriation of individual housing, the expropriated person meets the housing security conditions, in accordance with the relevant provisions of the priority given to housing security.
Twenty-fifth compensation for the value of the expropriated house shall not be lower than the market price of the expropriated house similar to real estate on the date of the announcement of the house expropriation decision. 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 regulations.
Twenty-sixth the real estate market evaluation price of the house to be expropriated shall be publicized. The real estate price appraisal institution shall publicize the main information such as the name of the expropriated person, the area, purpose, structure and appraisal price of the expropriated house within the scope of expropriation. The publicity time shall not be less than 7 days. During the publicity period, the real estate price appraisal institution shall take the initiative to accept the consultation of the expropriated person.
Article 27 If the expropriated person disagrees with the value of the expropriated house determined by the assessment, he 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.
Twenty-eighth after the announcement of the house expropriation decision, the expropriated person shall negotiate and choose a real estate price assessment agency within the specified time. If the negotiation fails, it shall be presided over by the house expropriation department, and the representatives of the expropriated person, street offices (township people's governments) and grassroots organizations shall be invited to participate, and the evaluation institutions shall be selected by public lottery.
Real estate price assessment agencies shall independently, objectively and impartially assess the house expropriation, and no unit or individual may interfere.
Twenty-ninth people can choose monetary compensation, but also can choose housing property rights exchange.
If the expropriated person chooses to exchange property rights, the people's governments at the city and county levels 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. The evaluation time of the property right exchange house value should be consistent with the evaluation time of the expropriated house value.
If the expropriated person chooses property right exchange, on the basis of consensus, if the construction area of the expropriated house is equal to the construction area of the property right exchange house, the structural price difference can be settled with reference to the replacement price of the house.
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.
Thirtieth because of the house expropriation and relocation, the house expropriation department shall pay the relocation fee to the expropriated person; When a residential house is expropriated, if the expropriated person chooses to exchange the property rights of the house, the house expropriation department shall pay the expropriated person a temporary resettlement fee or provide a revolving house before the house is delivered for use.
If the expropriated person solves the turnover house by himself, the house expropriation department shall pay the temporary resettlement fee to the expropriated person; If the expropriated person uses the revolving house provided by the house expropriation department, the house expropriation department will no longer pay the temporary resettlement fee to the expropriated person.
If the property right exchange house is not delivered within the time limit, the house expropriation department shall pay the temporary resettlement fee to the expropriated person twice the original standard from the date of overdue.
Thirty-first expropriation of non-residential houses caused losses, the house expropriation department shall pay compensation to the expropriated person for the loss of production and business suspension during the transition period in accordance with the relevant provisions.
Thirty-second housing relocation, temporary resettlement, loss of production and business suspension, decoration and accessories compensation and subsidy standards, by the municipal and county people's government in June 65438+ 10/0/before the announcement.
Article 33 The house expropriation department and the expropriated person shall sign a house expropriation compensation agreement, which shall include the following contents:
(a) the way of compensation, compensation amount and payment period;
(two) the location, area and price of the property right exchange house;
(three) the payment method and time limit of the difference after the property right exchange;
(four) the relocation period, transition mode and transition period;
(five) relocation expenses, temporary resettlement fees and compensation for the loss of production or business suspension;
(6) Awards and subsidies;
(seven) the liability for breach of contract and the way to resolve disputes;
(8) Other terms that both parties consider necessary.
Thirty-fourth housing expropriation compensation agreement is reached, the two sides should strictly implement the agreement. If one party fails to perform the obligations stipulated in the compensation agreement, the other party may bring a lawsuit according to law.
Article 35 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 unclear, 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 Article 33 of these Measures.
If the expropriated person refuses to accept the compensation decision, he may apply for administrative reconsideration or bring an administrative lawsuit according to law.
Thirty-sixth the implementation of housing expropriation should be compensated first, and then moved.
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.
Article 37 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.
Thirty-eighth house expropriation departments shall establish compensation files for house expropriation according to law, and the situation of household compensation shall be announced to the expropriated person within the scope of house expropriation.
Audit institutions shall strengthen supervision over the management and use of compensation fees and publish the audit results.
Chapter IV Legal Liability
Article 39 If the staff of the municipal house expropriation department fails to perform the duties stipulated in the present Measures in the work of house expropriation and compensation, or abuses his power, neglects his duty or engages in malpractices for selfish ends, the people's government at the corresponding level shall order him to make corrections in accordance with the Regulations on House Expropriation and Compensation on State-owned Land, informed criticism; If losses are caused, it shall be liable for compensation according to law; The directly responsible person in charge and other directly responsible personnel shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
The staff of the people's government at the county level and the house expropriation department do not perform their duties as stipulated in the present Measures in the house expropriation and compensation work, or abuse their powers, neglect their duties or engage in malpractices for selfish ends, and the Municipal People's Government or the people's government at the corresponding level shall order them to make corrections in accordance with the provisions of the Regulations on House Expropriation and Compensation on State-owned Land, informed criticism; If losses are caused, it shall be liable for compensation according to law; The directly responsible person in charge and other directly responsible personnel shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Fortieth by violence, threat or violation of the provisions of the interruption of water supply, heating, gas supply, power supply and road traffic and other illegal ways to force the expropriated person to move, resulting in losses, it shall be liable for compensation according to law; If the directly responsible person in charge and other directly responsible personnel constitute a crime, criminal responsibility shall be investigated according to law; If it does not constitute a crime, it shall be punished according to law; Those who violate the administration of public security shall be punished according to law.
Forty-first use violence, threats and other methods to hinder the housing expropriation and compensation work in accordance with the law, which constitutes a crime, shall be investigated for criminal responsibility according to law; Those who violate the administration of public security shall be punished according to law.
Article 42 Whoever embezzles, misappropriates, privately divides, intercepts or defaults in the collection of compensation fees shall be ordered to make corrections, recover the relevant funds, return the illegal income within a time limit, and give a warning to the relevant responsible units, informed criticism; If losses are caused, it shall be liable for compensation according to law; If the directly responsible person in charge and other directly responsible personnel constitute a crime, criminal responsibility shall be investigated according to law; If it does not constitute a crime, it shall be punished according to law.
Article 43 If a real estate appraisal institution or real estate appraiser issues a false or grossly wrong appraisal report, the issuing authority shall, in accordance with the Regulations on Expropriation and Compensation of Houses on State-owned Land, order it to make corrections within a time limit, give it a warning, and impose a fine of 50,000 yuan to 200,000 yuan on the real estate appraisal institution. And impose a fine of 6,543,800 yuan and 30,000 yuan on the real estate appraiser, and record it in the credit file; If the circumstances are serious, the qualification certificate and registration certificate shall be revoked; If losses are caused, it shall be liable for compensation according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter V Supplementary Provisions
Forty-fourth approach by the municipal housing and urban and rural construction committee is responsible for the interpretation of.
Article 45 These Measures shall come into force as of the date of promulgation. Before the implementation of these measures, the projects that have obtained the house demolition permit according to law will continue to be handled according to the original provisions, but the government shall not instruct the relevant departments to forcibly dismantle them.
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