What is the standard method of land expropriation compensation in Feixi County, Anhui Province?

As we all know, our country has many regulations on land, and there are also many problems in land in our life, including land expropriation, which must have harmed the interests of some people, so there is compensation in this respect. The compensation standard in Feixi County is 15000 yuan per mu, and the housing compensation is generally 120 yuan per square meter. Less than 50 square meters, calculated at 50 square meters. Measures for Expropriation and Compensation of Houses on Land in Feixi County Chapter I General Provisions Article 1 In order to standardize the activities of expropriation and compensation of houses on State-owned land in the county, safeguard public interests and safeguard the legitimate rights and interests of the owners of houses to be expropriated (hereinafter referred to as expropriated persons), these measures are formulated in accordance with the Regulations on Expropriation and Compensation of Houses on State-owned Land in the State Council, the Measures for Expropriation and Compensation of Houses on State-owned Land in Hefei and relevant laws and regulations, and in combination with the actual situation of this county. Article 2 These Measures shall apply to the expropriation and compensation of houses on state-owned land in this county. Third county people's government is responsible for the administrative area of housing expropriation and compensation. The county people's government determines Feixi County Housing and Construction Bureau as the house expropriation department, and specifically organizes and implements the house expropriation and compensation work within its administrative area. County development and reform, finance, land, real estate, planning, public security, market supervision, taxation, supervision, auditing and other departments shall cooperate with each other in accordance with the provisions of these measures and their respective division of responsibilities to ensure the smooth progress of housing expropriation and compensation. Chapter II Decision on Expropriation Article 4 In case of any of the following circumstances, the county government shall make a decision on expropriation of houses for the sake of public interests: (1) National defense and diplomatic needs; (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 5 The construction activities of requisitioning houses for public interests 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 also be included in the annual plan for national economic and social development. Article 6 The house expropriation department shall organize the investigation and registration of the ownership, location, use and construction area of the house 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 with the investigation and registration, the house expropriation department may register through the house ownership registration file or the on-site investigation results as the basis for expropriation compensation. Article 7 The house expropriation department shall organize the expropriated person to choose a real estate price appraisal institution to pre-evaluate all kinds of houses within the scope of expropriation and determine the benchmark price of monetary compensation. The evaluation commission is included in the collection cost. The house expropriation shall be subject to the replacement system of real estate price assessment agencies. The house expropriation department shall publish the list of alternative real estate price assessment agencies. The real estate price appraisal institution shall be selected by the expropriated person through consultation within the specified time; If the negotiation fails, the house expropriation department shall preside over the public lottery and lottery, and the notary department shall conduct on-site notarization of the lottery and lottery process and results. Real estate price assessment agencies shall independently, objectively and impartially assess the house expropriation, and real estate management departments shall strengthen the management and supervision of real estate price assessment agencies. Article 8 The house expropriation department shall draw up a compensation plan for house expropriation according to the pre-assessment results and report it to the county government. The county government shall organize relevant departments to demonstrate the compensation scheme for house expropriation and publicly solicit opinions. The time for soliciting opinions shall not be less than 30 days. Article 9 The county government shall promptly announce the situation of soliciting opinions and making amendments according to public opinions. Because of the need to expropriate houses due to the transformation of the old city, if more than half of the expropriated people think that the expropriation compensation scheme does not conform to the provisions of these measures, the county government shall organize a hearing attended by representatives of the expropriated people and representatives of the public, and modify the scheme according to the hearing. Article 10 Before making a decision on house expropriation, the county government shall conduct social stability risk assessment in accordance with relevant regulations. Article 11 After the county government makes a decision on house expropriation, it shall make an announcement in time. The announcement shall specify the compensation plan, administrative reconsideration, administrative litigation rights and other matters. The county government and the house expropriation department shall do a good job in the publicity and explanation of house expropriation and compensation. If houses are expropriated according to law, the right to use state-owned land shall be recovered at the same time. Twelfth after the scope of housing expropriation is determined, the following acts shall not be implemented within the scope of housing expropriation; In violation of the provisions of the implementation, no compensation: (1) new construction, expansion and reconstruction of houses; (2) Changing the use of houses and land; (three) housing analysis, transfer, lease and mortgage; (four) moved into the household registration or household (except for marriage, childbirth, return to China, college graduates, demobilized soldiers, released from prison and other reasons); (five) industrial and commercial registration with the expropriated house as the registered address; (six) other acts of improperly increasing compensation interests. The house expropriation department shall notify the relevant departments in writing of the matters listed in the preceding paragraph to suspend the relevant procedures, and specify the suspension period. The maximum suspension period shall not exceed 1 year. Thirteenth house expropriation departments may entrust the implementation unit of house expropriation 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. Fourteenth compensation funds should be collected in full and on time according to the progress of house expropriation and construction, and the funds should be earmarked to ensure the smooth progress of house expropriation and compensation. Chapter III Compensation for Expropriation Article 15 The house expropriation department shall compensate the expropriated person according to the area and use of the house confirmed by the lawful and valid license provided by the expropriated person. The ownership, area and use of the expropriated house shall be confirmed on the basis of the house ownership certificate (county-level public housing lease certificate or lease agreement) and the house registration book. If the house ownership certificate is inconsistent with the house registration book, unless there is evidence to prove that there is an error in the house registration book, the record in the house registration book shall prevail. If the contents specified in the house ownership certificate and the house registration book are inconsistent with the construction project planning permit, the contents specified in the construction project planning permit shall prevail. Sixteenth illegal buildings within the scope of collection and temporary buildings exceeding the approved period shall not be compensated. Before the county government 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. Article 17 If the house does not have a valid license, but it is marked on the aerial photograph before June 3, 20041day and the ownership of the property is clear, the area of the house can be determined by combining the topographic map of the previous year before June 3, 20041day, and compensation will be given; If the topographic map before June 365438+1October 3 1 2004 is not marked, the housing area can be determined by combining the topographic map of the latest year after June 365438+1October 3/2004, and compensation will be given. Or although there are no topographic maps or aerial photographs of the above years, the government organizes relevant departments to confirm the legality of the house and can give compensation. If the property right of the house mentioned in the preceding paragraph belongs to an individual, compensation shall be given according to the residential house. If the property right belongs to the unit, compensation shall be given according to the land use, that is, if the land use is for industrial production and storage or is actually used for production workshops and storage, monetary compensation shall be given according to the production premises; Other land, according to the office space to give monetary compensation. Eighteenth housing expropriation compensation to implement property rights exchange or monetary compensation. Compensation for expropriated houses includes compensation for expropriated houses and their attachments, as well as compensation for losses caused by relocation, temporary resettlement and suspension of production and business. If the expropriated person signs a compensation agreement within the signing period determined by the expropriation compensation scheme and moves according to the contract, the house expropriation department shall give the relocation reward. Nineteenth expropriation of houses to implement property rights exchange, it should be based on the requirements of urban planning and the nature of the construction project to provide property rights exchange houses. If the individual residence is expropriated due to the transformation of the old city, and the expropriated person chooses to exchange the house property rights in the transformation area, it shall provide resettlement houses in the transformation area or nearby areas. Twentieth expropriation of residential houses to implement property rights exchange, according to the indoor construction area of "one levy and one supplement". For the exchange of property rights in different places, a reasonable area adjustment coefficient should be determined in the collection plan according to the housing market price in the collection area and the property rights exchange area. Twenty-first expropriation of residential houses to implement property rights exchange, it should be based on the actual allocation coefficient of the property rights exchange housing to calculate the construction area of the property rights exchange housing. Based on the construction area of property right exchange, the expropriated person of residential house can purchase the construction area not exceeding 15 square meters, and the purchase price is calculated according to the construction and installation cost price. If the construction area of the expropriated person is still less than 50 square meters after purchase, the construction area of 50 square meters can be added according to the construction and installation cost price. If the construction area determined in accordance with the preceding two paragraphs is inconsistent with the construction area of the property right exchange house, the expropriated person may choose the adjacent apartment, and the increased construction area shall be settled according to the construction and installation cost price, and the decreased construction area shall be settled according to the market evaluation price. Twenty-second expropriation of non-residential housing to implement property rights exchange, it should be based on the purposes recorded in the housing license, according to the market evaluation method to calculate and settle the price difference of property rights exchange. Twenty-third expropriation of houses to implement monetary compensation, monetary compensation in accordance with the benchmark price of monetary compensation, combined with the structure, innovation, grade, supporting and other correction factors of the expropriated house, according to the legal and effective construction area of the expropriated house. Real estate price assessment agencies shall, according to the investigation and registration, issue household assessment reports. The real estate appraisal institution that conducts pre-assessment shall take the date of the announcement of the expropriation decision as the assessment point, and revise the benchmark price of monetary compensation for pre-assessment of various houses in light of market changes. Monetary compensation for residential housing, the housing levy department shall give appropriate incentives, and formulate the project compensation implementation plan. Twenty-fourth house expropriation departments shall establish compensation files for house expropriation according to law, and announce the household compensation to the expropriated person within the scope of house expropriation. Twenty-fifth expropriation of housing property rights exchange, the expropriation of people to implement transitional resettlement, residential transition period shall not exceed 0.8 months, non-residential transition period shall not exceed 30 months. During the transition period, if the expropriated person solves the temporary housing by himself, the house expropriation department shall pay the temporary resettlement fee in accordance with the prescribed standards. Overdue resettlement, less than 02 months from the overdue month, pay 50% of the temporary resettlement fee in accordance with the prescribed standards; If it exceeds 12 months, the temporary resettlement fee shall be increased by 100% of the specified standard. If the house expropriation department provides revolving houses, temporary resettlement fees will not be paid during the transition period. If the resettlement is overdue, the temporary resettlement fee shall be paid in accordance with the provisions of the preceding paragraph from the month overdue. If the house is expropriated for existing houses or monetary compensation, a temporary resettlement fee of 3 months shall be paid. Twenty-sixth expropriation of real estate management departments directly in charge of public housing or public housing units in charge, the original lease relationship continues to exist, it should be the implementation of property rights exchange; If the expropriated person terminates the lease relationship with the lessee, the expropriated person may choose monetary compensation. Expropriation of public residential houses directly in charge of real estate management departments shall be subject to monetary compensation. If the lessee and his spouse have not enjoyed the national housing reform policy, 30% of the monetary compensation fee shall be paid to the expropriated person and 70% to the lessee, and the lessee and his spouse will no longer enjoy the housing reform policy of compensation area; If the house has been purchased according to the national housing reform policy, but it has not reached the specified area standard, 30% of the monetary compensation fee will be paid to the expropriated person, and 70% will no longer enjoy the housing reform policy after being paid to the lessee; Those who have enjoyed the national housing reform policy and purchased houses according to the prescribed area standards will vacate their houses free of charge. If the expropriation unit implements monetary compensation for the self-managed public residential houses, the monetary compensation fee shall be paid to the expropriated person in full, and the expropriated person may distribute it in accordance with the provisions of the preceding paragraph. Article 27 If the expropriated units and individuals are engaged in the production and operation of non-residential houses and the property rights are exchanged, during the transition period, the house expropriation department will compensate the legally effective construction area of the expropriated houses every month according to the quota standard of 5‰ of the monetary compensation benchmark price. If the non-residential houses with the nature of production and operation are expropriated and monetary compensation or one-time resettlement is implemented, the loss compensation for six months of suspension of production and business shall be given at one time in accordance with the standards in the preceding paragraph. Non-residential houses that are idle when the scope of house expropriation is determined shall not be compensated for the loss of production or business suspension. Twenty-eighth expropriated people without planning, land department approval, change the use of housing, in accordance with the original construction project planning permit to determine the use of housing compensation. Article 29 If the expropriated house involves non-detachable attachments and structures, the expropriated person and the house expropriation department shall negotiate compensation according to the compensation standard document for other attachments and structures of the house published by the county government. If negotiation fails, compensation shall be made according to the market evaluation price on the date of announcement of the collection decision. The house expropriation department may entrust an appraisal institution with asset appraisal qualification to evaluate the present value of machinery and equipment used for production and operation (excluding abandoned machinery and equipment), and after on-site publicity without objection, compensate the relocation expenses of machinery and equipment according to 10% of the evaluation result. Article 30 The house expropriation department and the expropriated person shall, in accordance with the provisions of these Measures, conclude a compensation agreement on matters such as compensation method, compensation amount and payment term, location and area of the property right exchange house, relocation fee, transition method and transition period, temporary resettlement fee or revolving house, loss of production or business suspension, and relocation period. When signing the compensation agreement, the expropriated person shall deliver the real estate ownership certificate of the expropriated house to the house expropriation department for cancellation. Article 31 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 unknown, the house expropriation department shall report to the county government in accordance with the provisions of these Measures, make a compensation decision according to the expropriation compensation scheme, and make an announcement within the scope of house expropriation. Article 32 If the expropriated person refuses to accept the compensation decision, he may apply for administrative reconsideration or bring an administrative lawsuit according to law. 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 county government 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. Chapter IV Legal Liability Article 33 In violation of the provisions of these measures, the relevant functional departments of the people's government of a township (park), the house expropriation department and the county people's government and their staff members fail to perform their duties as stipulated in these measures in the house expropriation and compensation work, or abuse their powers, neglect their duties or engage in malpractices for selfish ends, the higher-level government or the government at the same level shall order them to make corrections, 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. Thirty-fourth by violence, threats and other illegal means or in violation of the provisions of the interruption of water supply, heat supply, gas supply, power supply and road traffic to force the expropriated person to move, resulting in losses, it shall be liable for compensation according to law. The directly responsible person in charge and other directly responsible personnel who constitute a crime shall be investigated for criminal responsibility 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. Thirty-fifth by violence, threats and other means to hinder the housing expropriation and compensation work according to 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 36 Whoever embezzles, misappropriates, privately divides, intercepts or defaults in collecting 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 37 Real estate appraisal institutions and personnel who commit any of the following acts shall be punished by the real estate management department in accordance with the Regulations on Expropriation and Compensation of Houses on State-owned Land, Measures for the Administration of Real Estate Appraisal Institutions (OrderNo. 142 of the Ministry of Construction) and Measures for the Administration of Registered Real Estate Appraisers (OrderNo. 15 1 of the Ministry of Construction) and recorded in it. (4) Recruiting others for publicity or door-to-door publicity in the process of determining real estate price assessment agencies; (five) the assessment agencies determined in accordance with these Measures refuse to accept the entrustment without justifiable reasons; (six) other acts prohibited by laws and regulations. Feixi county has regulations on this issue. If we have problems with land acquisition in Feixi County, we will deal with them according to the contents stipulated in the above documents. Because this problem is generally compensated by combining various conditions, we must pay attention to whether our compensation is complete.