Recently, a "most powerful person" appeared in a small town in Quebec, Canada. He not only vowed to ban the mining of large-scale gold mines, but also refused the high compensation proposed by the other party.
The matter eventually went to court, but he ultimately lost the case and was ordered to relocate immediately.
However, this "nail household" is not ready to give up and will continue to appeal and accuse the provincial government and mining companies.
The expropriation of private land must be strictly controlled. The incident occurred in the small town of Marartic in northern Quebec. A 35-year-old "nail house" named Mas who refused to move this year. There are rich gold mines under his and the houses of the town residents.
The reserve capacity reaches 9 million ounces, and based on today's market price, the maximum value is 11 billion Canadian dollars (about 72.2 billion yuan).
In mid-July this year, Osisko Mining Company, which has already received a government mining license, reached an agreement with 204 of the 205 owners of the gold mine to help them move elsewhere or purchase houses at an amount that exceeds the market price by 25%. However, Mas
Always refuse to relocate.
Maas has always claimed that the gold mining company once offered 350,000 Canadian dollars to buy his house with a market price of only 14,000 Canadian dollars, but he rejected the acquisition offer in order to protect his personal property rights and environmental protection.
Osisko has been trying to reach an agreement with the Maas family for the past three years, but the two parties finally went to court to let a judge resolve the issue.
On August 4, the Quebec Superior Court ruled that Osisko Minerals possessed the property rights of Mas's house.
Judge Dufresne wrote in his ruling that Mass's house hindered preparations for mining at Canada's largest gold mine.
Although Maas claimed that he rejected the gold mining company's purchase price of 350,000 Canadian dollars for the sake of personal property rights and environmental protection, court documents showed that Maas once asked the gold mining company for 1 million Canadian dollars, but was rejected.
Unfortunately, after losing the lawsuit, Mars could only receive 14,000 Canadian dollars in compensation for the market value of the house.
However, Osisko still has to pay Maas' relocation expenses.
Many neighbors felt sorry for Mas and regretted that he had lost more than 300,000 yuan in compensation.
But judging from public opinion, although some people sympathize with Mas's struggle, most people think that his request is excessive and very unrealistic.
Mas was not convinced by the court's order to relocate, and was preparing to appeal. However, legal experts believed that the Malartic town government had ordered the expropriation, and it would be difficult for Mas to recover.
Some people question, doesn’t Canada respect and protect private property, and won’t it expropriate private land and use it for other purposes?
In fact, in Canada, the government has the right to expropriate private land, but the condition is that the expropriated land must serve the interests of the public. The scope of land expropriation is strictly restricted to transportation, energy, water conservancy, environmental protection, municipal construction, and cultural relics and historic sites.
Protection, schools, hospitals and public welfare, etc.
Most developed countries in the world have adopted similar legal forms.
Osisko Mining Company's gold mining can create 480 direct and 400 indirect job opportunities, which will undoubtedly be of great help to the economy of Malartic Town, which has a population of only 3,500 people.
Mining gold mines here is in the public interest, and the vast majority of local people are in favor of it.
How do the represented owners play the game? The government has the right to expropriate private land for public benefit, but it does not mean that it can expropriate it by force.
First of all, whether it is the government or an enterprise authorized by law, in the early stage of expropriation, sufficient consultation must be carried out with the affected owners, listen to the opinions of all parties, consider the resettlement issues caused by the demolition, and at the same time, the noise caused by the project construction to the neighboring communities must be considered.
Come up with solutions to many problems, such as environmental pollution, shock and the environment, and only then can they be submitted to the parliament for approval.
There are usually specific operating procedures to implement various legal documents, which will fully protect the rights of the owner.
Compensation for land expropriation in Canada is based on the market price of the expropriated land. Compensation is based on the highest and best use of the land and is based on the current market price.
Generally speaking, it will be more than 20% higher than the house price.
The expropriated person or lessee shall be compensated for the expenses caused by the expropriation of the house.
Full compensation will be provided for the hardships of resettlement and relocation.
Judging from the demolition of the "nail house" Mas, Osisko Mining Company already had a legal mining license. They could have "shoveled" Mas' house, but they did not do so.
They negotiated patiently and offered a price dozens of times higher than the market price to compensate for Mas's losses, but they were not accepted, and in the end they had to resort to law.
The final ruling of the law is not to terminate public interests or infringe on personal interests, but to determine the scale of compensation.
From this we can see that the key to protecting private property rights is to first determine the standard of compensation, then negotiate the compensation, and then resort to legal procedures when an agreement cannot be reached.
In July, an issue involving demolition also occurred in Toronto, Canada's largest city, which aroused heated discussion among the public.
The Toronto Transit Commission, which is responsible for transporting 1.28 million passengers to and from various subway stations and parking spots every day, must set up emergency exits at 14 subway stations due to fire prevention and safety requirements, which has resulted in the demolition of some residential buildings.
The bus bureau is affiliated with municipal services, and the government is responsible for expropriating housing and land and handing it over for use.