Second demolition compensation can be monetary compensation, but also the exchange of housing property rights.
Article 3: The amount of monetary compensation shall be determined according to the location, use, construction area and other factors of the house to be demolished and the appraised price of the real estate market. Specific measures shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Article 4 In case of house property right exchange, the demolisher and the demolished shall, in accordance with the provisions of Article 24 of these regulations, calculate the compensation amount of the demolished house and the price of the house to be exchanged, and settle the price difference of the property right exchange. Demolition of attachments to non-public housing, no property rights exchange, monetary compensation by the demolition.
Fifth demolition of houses used for public welfare undertakings, the demolition should be rebuilt in accordance with the provisions of relevant laws and regulations and the requirements of urban planning, or give monetary compensation.
Sixth demolition of rental housing, the demolition of the lease relationship with the lessee, or the demolition of the lessee, the demolition should be compensated. If the demolished person and the lessee fail to reach an agreement on the termination of the lease relationship, the demolished person shall exchange the property rights of the demolished person. If the house with property right exchange is leased by the original house lessee, the person to be demolished shall re-conclude a house lease contract with the original house lessee.
Legal basis: Regulations on Expropriation and Compensation of Houses on State-owned Land Article 8 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 municipal or county people's government shall make a decision on house expropriation:
(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.
"Land Management Law of the People's Republic of China" Article 47 Where land is expropriated by the state, it shall be announced and implemented by the local people's government at or above the county level after being approved in accordance with legal procedures.
Where the local people's government at or above the county level intends to apply for land expropriation, it shall carry out investigation on the current situation of the expropriated land and assess the risk of social stability, and announce the scope of expropriation, the current situation of the land, the purpose of expropriation, compensation standards, resettlement methods and social security within the township (town), village and villagers' group where the expropriated land is located for at least 30 days, and listen to the opinions of rural collective economic organizations and their members, villagers' committees and other interested parties.
If most members of the rural collective economic organizations whose land has been expropriated think that the compensation and resettlement scheme for land expropriation does not conform to the provisions of laws and regulations, the local people's governments at or above the county level shall organize a hearing and modify the scheme according to the provisions of laws and regulations and the hearing.
The owner and user of the expropriated land shall, within the time limit stipulated in the announcement, apply for compensation registration with the certificate of real estate ownership. The local people's governments at or above the county level shall organize the relevant departments to calculate and implement the relevant expenses, ensure that the full amount is in place, and sign compensation and resettlement agreements with the owners and users of the expropriated land; If it is really difficult for individuals to reach an agreement, they shall truthfully explain it when applying for land acquisition.
After the relevant preliminary work is completed, the local people's governments at or above the county level may apply for land acquisition.