Compensation and Resettlement Scheme for House Expropriation on State-owned Land in Xijian Garden Phase III
According to the overall urban planning of Chuzhou City and the national economic and social development planning of Langya District, the People's Government of Langya District decided to expropriate all houses, structures and appendages on state-owned land within the scope of the third phase of Xijian Garden. In order to make the house expropriation work legal and orderly, according to the Regulations on House Expropriation and Compensation on State-owned Land (the State Council Decree No.590th), this expropriation compensation and resettlement scheme is formulated.
I. Scope of solicitation
All houses, structures and appendages on state-owned land within the land requisition boundary (see the land requisition boundary map for details).
The total area of expropriated houses is about 300,000 ㎡, involving about 4 expropriated households.
Second, the collector and execution unit
Payee: Langya District People's Government
Expropriation: the owner of the expropriated house.
Implementation unit of house expropriation: Langya District House Expropriation Center
Third, the identification of the property right of the expropriated house.
The ownership, structure, use and area of the house to be expropriated shall be subject to the records such as property right certificate or land use right certificate and house ownership certificate. The handling of problems left over from history is decided by relevant departments such as housing and urban and rural construction, natural resources and planning, urban management and law enforcement.
Fourth, the compensation standard
Compensation for the value of expropriated houses should be based on the replacement evaluation value of expropriated houses on state-owned land, and the market evaluation value of expropriated state-owned land should not be lower than that of similar real estate. The value of the expropriated houses and land is based on the evaluation results of the selected evaluation institutions with corresponding qualifications.
Verb (abbreviation of verb) compensation and settlement method
(A) the way of compensation
Implement monetary compensation.
(B) monetary compensation standards
If the expropriated house has a valid ownership certificate or valid building examination and approval procedures, monetary compensation shall be given according to the replacement evaluation value; State-owned land shall be given monetary compensation according to the market evaluation value not lower than that of similar real estate.
If the expropriated house has no valid ownership certificate or valid building examination and approval procedures, but there are aerial images in 2005, and the expropriated person signs an expropriation compensation agreement with the district house expropriation center within the signing time stipulated in this plan and delivers the demolished house according to the agreed time, monetary compensation will be given according to the replacement evaluation value 100%.
Six, the actual use of "into the first floor" production, office space subsidies (according to the certification area)
For the "one floor, one entrance" production office building actually used for business, if it has a business license before the announcement of expropriation (or after the property owner makes a commitment and provides photos and other supporting materials, it is certified and publicized for three days without objection), it will be given an appropriate one-time subsidy according to the commercial atmosphere of the plot and the situation of primary and secondary roads. For production and office buildings with legal property right certificates or effective building examination and approval procedures, 700 yuan /m2 will be subsidized along Xijian Road, and 200 yuan/m2 will be subsidized along other small streets; Unlicensed houses (built on aerial images in 2005) will be subsidized by 500 yuan /m2 along Xijian Road and 100 yuan /m2 along other small streets.
VII. Relevant expense standards
The compensation standard for the non-residential shutdown losses, relocation expenses and decoration accessories of the expropriated person shall be implemented with reference to the Compensation Standard for the Expropriation of Houses on State-owned Land (Chu Zheng Mi [2018] No.76) of Chuzhou Municipal People's Government.
Eight, the actual operation along the road "into the first floor" of the production, office space to give incentives (according to the certification area).
If the expropriated person signs an agreement on expropriation compensation and resettlement within 10 days from the signing date specified in this scheme and moves the demolished house according to the agreed time, the "one-story-one-entry" production office building with legal property right certificate or effective building examination and approval procedures will be awarded 1.200 yuan /m2 along Xijian Road and 300 yuan/m2 along other small streets; Without a license (as shown in the aerial photograph in 2005), 700 yuan will be rewarded along Xijian Road, and 200 yuan will be rewarded along other small streets.
If the expropriated person signs an agreement within 1 1 to 20 days after the signing time specified in this plan, and moves out of the demolished house according to the agreed time, the "one-story-one-entry" production office building with legal property right certificate or effective building examination and approval procedures will be rewarded with 600 yuan/㎡ along Xijian Road and 200 yuan/㎡ along other small streets; Without a license (as shown in the aerial photograph in 2005), 400 yuan will be rewarded along Xijian Road/㎡, and other small streets will be rewarded 100 yuan/㎡. If the deadline is exceeded, no reward will be given.
Nine, 2005 aerial images without housing treatment
Houses (including simple houses) that are not reflected in aerial photography in 2005 and have no valid ownership certificate or effective building approval procedures will be regarded as illegal buildings and will not be compensated and resettled. If the expropriated person takes the initiative to dismantle it within the specified time, the demolition fee of 150 yuan/㎡ will be given.
The appendages of surprise construction, the decoration part of surprise decoration and the fruit seedling part of surprise transplantation will not be compensated when the working group makes a household survey.
X. signing terms and others
(1) Signing period: The time shall be subject to the solicitation announcement.
(two) for those who have not obtained the legal examination and approval procedures for building houses, and have exceeded the time limit stipulated in this collection plan, and have not signed an agreement or moved, they shall be forcibly removed by the urban management and law enforcement bureau of the jurisdiction according to law.
(three) after the scope of the house expropriation is determined, it is not allowed to build, expand or rebuild the house and change the use of the house within the scope of the house expropriation, and other acts that improperly increase the compensation fee. In violation of the provisions of the implementation, no compensation.
(four) for housing inheritance, sale, gift, analysis of production and other acts, in the housing expropriation announcement did not apply for the registration of property rights change, in principle, not as a basis for the collection of households, according to a household to be certified.
(5) If the expropriated house is used for rent, the expropriated person shall properly handle the relationship with the lessee.
(six) after the signing of the agreement on expropriation compensation and resettlement, the expropriated person shall go through the cancellation procedures at the housing property registration management department in time.
XI。 Right relief
(a) after the expropriated person signs a contract with the district housing expropriation center, if one party fails to perform the obligations stipulated in the compensation agreement, the other party may bring a lawsuit according to law.
(II) If the expropriated person fails to reach an agreement on expropriation, compensation and resettlement with the district house expropriation center within the signing period stipulated in this scheme, or the owner of the expropriated house is unclear, the district house expropriation center shall report to the District People's Government to make a compensation decision according to law.
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 District People's Government will apply to the people's court for compulsory execution according to law.
Twelve, the collection of houses within the scope of the law, the state-owned land use rights at the same time to recover.
Thirteen. The Langya District House Expropriation Center is responsible for the interpretation of this scheme.
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