One is the cost of compensation for the demolition and relocation of assets, including: the inability to relocate the land, houses, buildings and attachments on the ground, as well as indeed due to the loss of relocation of machinery and equipment and compensation;
Second is the loss of shutdown, depending on the actual situation, generally include both actual operating losses can be included, where appropriate, the expected operating losses;
Third is the demolition and relocation compensation costs, including pre-moving costs and shutdown costs occurred during the relocation of machinery and equipment adjustments. expected operating losses;
Thirdly, the demolition and relocation compensation costs, including pre-movement costs and downtime costs incurred during the relocation process, machinery and equipment debugging and repair costs, as well as the dismantling, packaging and transportation of materials, and termination of employee compensation costs;
Fourthly, incentive costs incurred based on the policy of demolition and relocation, including speedy relocation fees, demolition and relocation incentive fees and so on.
(I) Compensation costs for demolition and relocation of assets
1. Problems in practice regarding land compensation costs.
Front houses are generally used for leasing. Leased land is divided into leased state-owned land and leased collective land two kinds. Facade room demolition will inevitably lead to the termination of this lease relationship, then the lessee and the landlord in the lease contract in anticipation of the interests of how to protect? According to the Regulations, the object of demolition and relocation compensation is the buildings and appurtenances on state-owned land, and the regulations on demolition and relocation do not make uniform provisions for the compensation of empty land or net land. The demolition of buildings on collective land is also useless provisions.
Most of the facade houses are directly acquired through auction or allocation of state-owned land use rights. However, the Land Management Law on the recovery of state-owned land use rights only provides for appropriate compensation, but has no detailed provisions.
The land compensation for demolition and relocation in various parts of the country is often calculated together with the compensation for houses and buildings, and there are a large number of unclear and non-transparent cases, which makes the rights and interests of the right holders unable to obtain appropriate and reasonable compensation. At the same time, this is also our legislature and administrative organs in the formulation of laws, regulations and policy documents, should be protected, the relevant departments can should pay attention to, lawyers handling the case process more should use skillful techniques to solve.
2, the house, building compensation cost determination.
For the house, building compensation, should be related to the real estate certificate registered floor area as the calculation standard. Because of historical reasons can not apply for property and land certificates, can be determined by the actual measurement. The value of houses and buildings should generally be commissioned by the demolisher and the demolished person*** together with the appraisal company, which determines the actual value of the houses and buildings in accordance with the relevant appraisal technical standards.
3, equipment supplemental costs in accordance with the replacement cost
Equipment relocation and installation costs should be calculated in accordance with national and local regulations on the price of goods transportation, equipment installation prices. Machinery and equipment is divided into two categories: one is relocatable equipment; the second is not relocatable equipment; relocatable equipment due to demolition and removal of loss costs can be divided into physical loss costs and loss of function costs. Physical loss costs including demolition costs, transportation costs, installation costs, commissioning costs. Functional loss costs include the decline in precision of the machine caused by the relocation, the increase in the number of unqualified products. For non-relocatable equipment, dismantling and relocation will lead to the abandonment of the equipment, so it should be combined with its new and replacement price to calculate the replacement price of the equipment and compensate the owner.
In the actual operation of demolition, demolition and relocation of non-residential housing, the cost of relocation and installation of its equipment, each place should have a determined standard; can not be restored to the use of the equipment, according to the replacement price of the equipment combined with the new to give compensation.
(ii) loss of business
This part of the legal practice of the larger part of the dispute, the majority of scholars believe that the cost of business should not only include raw materials, semi-finished goods and other items of the actual loss, but also should be included in accordance with the same period in previous years, the actual sales or profits to determine the amount of compensation. This part of the cost, is often a direct impact on the total amount of compensation for the part of the enterprise, therefore, is also the lawyer's rights of the top priority.
"Regulations" article 23 provides for the expropriation of housing caused by the loss of production and business loss compensation, according to the efficiency of the house before being expropriated, the period of suspension of production and business and other factors to determine. Specific methods shall be formulated by provinces, autonomous regions and municipalities directly under the central government. The specific standards and methods of calculation are not uniformly stipulated in the Ordinance, nor are they provided for in other laws and administrative regulations. In legal practice, the standard of compensation, based on the municipal level of local government often with policy documents, compensation standards are different, the calculation method is also different, which is a pity in the legislation.
(C) demolition and relocation compensation costs
1, equipment relocation and installation costs
For relocatable equipment, should be in line with the principle of continuing to utilize the relocation and installation of off-site, and inheritance of put into use. Accordingly, the equipment relocation and installation costs are inevitable losses caused by the demolition, the demolition shall be compensated.
2, the dismissal of the employee's resettlement compensation costs.
Dismissal of employees due to demolition of compensation costs, there is no detailed provisions in the laws and regulations and policy documents, belonging to the demolition of the parties to negotiate with each other for the project. Demolition and relocation if the employee termination, then, should be based on the specific labor contract with the employee, combined with the relevant provisions of the labor law to give compensation.
(D) incentive costs incurred based on the demolition policy
In the process of demolition, the demolition in order to speed up the progress of demolition, demolition often take the method of speedy relocation incentives to encourage the demolished person, the tenant as early as possible to sign the agreement on demolition and resettlement compensation and move out of the scope of demolition. The size of the amount of the incentive fee is determined by the demolisher in accordance with the actual demolition and relocation, or it may be determined by negotiation between the demolisher, the evicted person, and the actual lessee. It should be noted that, if the owner and user of the demolished plant separation occurs, the incentive fee should be paid to the actual use of the demolished plant tenant, which has been stipulated by the policy documents, but also reasonable practice.