5 thoughts on “How to compensate for the demolition of rural houses?”
Scott
See below for compensation standards: The latest compensation standards for rural demolition is 1900 yuan/square meter compensation for rural grass houses, 2,400 yuan/square meter compensation for brick housing, 2800 yuan/square meter compensation for brick and concrete structure 3300 yuan/square meter, in addition, the auxiliary of the house gives the equivalent compensation. Give a compensation of 20,000 yuan per household in different places.
The compensation method for rural house demolition is:
. Monetary compensation n
The amount of monetary compensation includes the compensation price of the house and the land ownership of the land of the house site.
. The replacement of property rights
If the approved building area is lower than (25-30) square meters per person, it is approved by per capita (25-30) square meters; if (25-60) square meters/person, the approved construction area is approved; If you are 60 square meters per person, it is verified by 60 square meters per capita.
Among them, households with less than two (including 2 people) are approved by 2 people; they have been married and the legal childcare couples have not had children who have not had children. If the demolished person has multiple collective land and houses within the scope of the same demolition, the building area of the house shall be combined.
. Farmers 'self -built
The farmers' self -construction should meet the overall planning, urban planning and urban planning and urban planning Village and town planning and construction in accordance with relevant regulations.
[Legal basis]
In accordance with the provisions of these regulations, compensation and resettlement are given to the demolished person;
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Important tips: Do you have to figure out the legal of the demolition person? Only by talking! The demolition company often uses psychological cues to defeat your courage. For example, the government has not been demolished! During the period of conversation
Is when the demolition announcement is promulgated, the staff of the demolition person is about the demolition person to negotiate the demolition agreement, if the legal requirements of the demolition person (if required property rights) will be rejected, the demolition person It should be proposed in accordance with the law, be patient, and negotiate with it. Talking must be harmonious, and it should not intensify contradictions, let alone say that there is no money. I do n’t move.
. Carefully designing administrative lawsuits to suspend an administrative ruling
Is when the demolition claims to be ruling or just notified the demolition households to participate in the ruling meeting (submitted a ruling application to the ruling to issue a general generally issued a general decision to issue a general ruling. For one month), one or several people who were demolished can file an administrative lawsuit in the grassroots court. Generally speaking, when the demolition scope is not left half of the person or the demolition announcement is not advisable to file the lawsuit prematurely two months ago, the lawsuit is passed. The lawsuit dragged the demolition person into the quagmire, so that he could not get the administrative ruling, and there was no administrative ruling. The demolition person could not implement a legal forced demolition at all. This is called the bottom of the kettle!
. There is no right to ruling during the lawsuit
If according to Article 12, (2) of the "Urban House Demolition Administrative Rules" The lawsuit of the demolition permit should be suspended by the demolition administrative ruling, so that there will be no legal administrative forced administrative demolition or judicial demolition, which will not occur. This situation is very beneficial to the demolished households.
. The consequences of ruling during the lawsuit
If the case of the second trial of the second trial of the case of the demolition permit, the competent department of demolition still made a ruling and the demolished person To appeal to the Supreme Court, the ruling will definitely be sentenced to violation of the law! The follow -up judicial or administrative forced demolition judgment or decision to be illegal or decided to be invalidated by the violation of the ruling, and the victim has the right to request state compensation.
5. After the court accepts the second administrative lawsuit
Pets after the court accepted, even if the demolition was sufficient. Most courts will judge the plaintiff in the shortest time. At this time, we must design the second lawsuit in time before the first case judgment. Our purpose is to drag time!
6. The first administrative lawsuit is required, and the time of the first administrative lawsuit is extended by legal means
. The time before or after the first trial of the case (not exceeding the time of the second trial judgment), the second administrative lawsuit was filed for the problems existing in the evidence submitted by the defendant during the scroll.
. After the court accepted the second case, the plaintiff shall hold a notice of acceptance of the second case and actively submit a written suspension lawsuit to the court of the first case, requesting the court to bask according to the basis The Supreme Court's "Interpretation of Several Issues on the Law of the Executive Law", Article 51, paragraph 6,, suspend the lawsuit of the first case, if the court still makes a judgment, the judgment appeal to the Beijing Supreme Law will be revoked! Remember: The longer the first case is suspended, the more beneficial to the demolished households. Because the demolition person can't wait, he can only raise the compensation standard by himself.
7. The legal consequences of violent demolition "forced transactions"
The third lawsuit filed by many demolition households About a year), the real estate development qualification certificate of the developer was illegal (this certificate is a necessary condition for obtaining the approved document of the construction project), the developer could not afford the time, and the second trial judgment of the first case of administrative litigation was not issued. Before, I forcibly demolished the shops of dozens of households who were demolished. The demolished households handed over the reporting materials and forced demolished video materials to ******. Criminal liability for transaction crimes (Article 226 of the Criminal Law) and requiring civil compensation (rather than compensation) are required, and developers cannot have to agree to pay the merchant paving and operating losses.
8. Case handling and litigation costs
of course how to handle the above cases, whether internal pedestrians or lawyers are required to be agent. It is determined that one of the above lawsuits is filed as a case. Dozens or hundreds of people are common due to the request of the lawsuit, and only one case is counted. The court in one case only pays 50 yuan for the lawsuit. However, a case of not accepting the ruling of demolition is a case and cannot be tried together.
. Nine. Remedy for the aftermath of forced demolition
(1) If some of the houses of the demolished households have been forced by the court in the case of the lawsuit and demolition, In addition, the second trial judgment of the first case of demolition ruling has come into effect. The remedy afterwards is:
. The demolition permit for administrative lawsuit can be filed. Certificate is revoked, and the demolition ruling that occurs according to the demolition license and the court's forced demolition must be revoked and the implementation of the implementation is to implement the transfer.
2. At the same time, the illegality of the demolition application information submitted by the demolition person in the lawsuit can be complained through the channels of petitions.
3. A case of demolition ruling appeals to the Supreme Law.
The first -term implementation of the house is only a measure to ensure the implementation of the future implementation before the sentence. Speaking, the intensity of the demolition ruling was greatly enhanced by the demolished person's overthrow (that is, the revocation), because if the court wants to determine the legal ruling, the basic condition of the demolition and ruling must be required -the demolition permit must be legal. As a result of the withdrawal, the demolition ruling will inevitably be revoked;
Post -enlightenment: This article will cause the demolition person, developer, and even local governments. The status quo that does not resolve, for the basic legitimate rights and interests of the disadvantaged group, the author wrote this article, trying to compete for more negotiating chips for the demolished people, which is also positive.
Pay content for time limit to check for freenAnswer (1) Rural grass house compensation 1900 yuan/square meter (2) brick housing compensation 2400/square meter (3) Brick and concrete structural house compensation 2800/square meter (4) 2 floors and above buildings compensation 3300 yuan/square meter, in addition Equal compensation for things (5) Compensation method for 20,000 yuan for each household is settled in different places
Rural land acquisition and demolition compensation standards: The house was demolished, and compensation was made in accordance with the replacement of property rights
n00:00 / 01: 0170% shortcut keys: Play / suspend ESC: Exit full screen ↑: increase volume 10% ↓: decreases by 10% →: Single fast forward 5 seconds studio Here you can drag no longer appear in the player settings to reopen the small window shortcut key description
See below for compensation standards:
The latest compensation standards for rural demolition is 1900 yuan/square meter compensation for rural grass houses, 2,400 yuan/square meter compensation for brick housing, 2800 yuan/square meter compensation for brick and concrete structure 3300 yuan/square meter, in addition, the auxiliary of the house gives the equivalent compensation. Give a compensation of 20,000 yuan per household in different places.
The compensation method for rural house demolition is:
. Monetary compensation
n
The amount of monetary compensation includes the compensation price of the house and the land ownership of the land of the house site.
. The replacement of property rights
If the approved building area is lower than (25-30) square meters per person, it is approved by per capita (25-30) square meters; if (25-60) square meters/person, the approved construction area is approved; If you are 60 square meters per person, it is verified by 60 square meters per capita.
Among them, households with less than two (including 2 people) are approved by 2 people; they have been married and the legal childcare couples have not had children who have not had children. If the demolished person has multiple collective land and houses within the scope of the same demolition, the building area of the house shall be combined.
. Farmers 'self -built
The farmers' self -construction should meet the overall planning, urban planning and urban planning and urban planning Village and town planning and construction in accordance with relevant regulations.
[Legal basis]
In accordance with the provisions of these regulations, compensation and resettlement are given to the demolished person;
n00:00 / 01: 4170% shortcut keys to describe space: Play / pause ESC: Exit full screen ↑: increase volume 10% ↓: decreases by 10% →: Single fast forward 5 seconds studio Here you can drag no longer appear in the player settings to reopen the small window shortcut key description
Important tips: Do you have to figure out the legal of the demolition person? Only by talking! The demolition company often uses psychological cues to defeat your courage. For example, the government has not been demolished! During the period of conversation
Is when the demolition announcement is promulgated, the staff of the demolition person is about the demolition person to negotiate the demolition agreement, if the legal requirements of the demolition person (if required property rights) will be rejected, the demolition person It should be proposed in accordance with the law, be patient, and negotiate with it. Talking must be harmonious, and it should not intensify contradictions, let alone say that there is no money. I do n’t move.
. Carefully designing administrative lawsuits to suspend an administrative ruling
Is when the demolition claims to be ruling or just notified the demolition households to participate in the ruling meeting (submitted a ruling application to the ruling to issue a general generally issued a general decision to issue a general ruling. For one month), one or several people who were demolished can file an administrative lawsuit in the grassroots court. Generally speaking, when the demolition scope is not left half of the person or the demolition announcement is not advisable to file the lawsuit prematurely two months ago, the lawsuit is passed. The lawsuit dragged the demolition person into the quagmire, so that he could not get the administrative ruling, and there was no administrative ruling. The demolition person could not implement a legal forced demolition at all. This is called the bottom of the kettle!
. There is no right to ruling during the lawsuit
If according to Article 12, (2) of the "Urban House Demolition Administrative Rules" The lawsuit of the demolition permit should be suspended by the demolition administrative ruling, so that there will be no legal administrative forced administrative demolition or judicial demolition, which will not occur. This situation is very beneficial to the demolished households.
. The consequences of ruling during the lawsuit
If the case of the second trial of the second trial of the case of the demolition permit, the competent department of demolition still made a ruling and the demolished person To appeal to the Supreme Court, the ruling will definitely be sentenced to violation of the law! The follow -up judicial or administrative forced demolition judgment or decision to be illegal or decided to be invalidated by the violation of the ruling, and the victim has the right to request state compensation.
5. After the court accepts the second administrative lawsuit
Pets after the court accepted, even if the demolition was sufficient. Most courts will judge the plaintiff in the shortest time. At this time, we must design the second lawsuit in time before the first case judgment. Our purpose is to drag time!
6. The first administrative lawsuit is required, and the time of the first administrative lawsuit is extended by legal means
. The time before or after the first trial of the case (not exceeding the time of the second trial judgment), the second administrative lawsuit was filed for the problems existing in the evidence submitted by the defendant during the scroll.
. After the court accepted the second case, the plaintiff shall hold a notice of acceptance of the second case and actively submit a written suspension lawsuit to the court of the first case, requesting the court to bask according to the basis The Supreme Court's "Interpretation of Several Issues on the Law of the Executive Law", Article 51, paragraph 6,, suspend the lawsuit of the first case, if the court still makes a judgment, the judgment appeal to the Beijing Supreme Law will be revoked! Remember: The longer the first case is suspended, the more beneficial to the demolished households. Because the demolition person can't wait, he can only raise the compensation standard by himself.
7. The legal consequences of violent demolition "forced transactions"
The third lawsuit filed by many demolition households About a year), the real estate development qualification certificate of the developer was illegal (this certificate is a necessary condition for obtaining the approved document of the construction project), the developer could not afford the time, and the second trial judgment of the first case of administrative litigation was not issued. Before, I forcibly demolished the shops of dozens of households who were demolished. The demolished households handed over the reporting materials and forced demolished video materials to ******. Criminal liability for transaction crimes (Article 226 of the Criminal Law) and requiring civil compensation (rather than compensation) are required, and developers cannot have to agree to pay the merchant paving and operating losses.
8. Case handling and litigation costs
of course how to handle the above cases, whether internal pedestrians or lawyers are required to be agent. It is determined that one of the above lawsuits is filed as a case. Dozens or hundreds of people are common due to the request of the lawsuit, and only one case is counted. The court in one case only pays 50 yuan for the lawsuit. However, a case of not accepting the ruling of demolition is a case and cannot be tried together.
. Nine. Remedy for the aftermath of forced demolition
(1) If some of the houses of the demolished households have been forced by the court in the case of the lawsuit and demolition, In addition, the second trial judgment of the first case of demolition ruling has come into effect. The remedy afterwards is:
. The demolition permit for administrative lawsuit can be filed. Certificate is revoked, and the demolition ruling that occurs according to the demolition license and the court's forced demolition must be revoked and the implementation of the implementation is to implement the transfer.
2. At the same time, the illegality of the demolition application information submitted by the demolition person in the lawsuit can be complained through the channels of petitions.
3. A case of demolition ruling appeals to the Supreme Law.
The first -term implementation of the house is only a measure to ensure the implementation of the future implementation before the sentence. Speaking, the intensity of the demolition ruling was greatly enhanced by the demolished person's overthrow (that is, the revocation), because if the court wants to determine the legal ruling, the basic condition of the demolition and ruling must be required -the demolition permit must be legal. As a result of the withdrawal, the demolition ruling will inevitably be revoked;
Post -enlightenment: This article will cause the demolition person, developer, and even local governments. The status quo that does not resolve, for the basic legitimate rights and interests of the disadvantaged group, the author wrote this article, trying to compete for more negotiating chips for the demolished people, which is also positive.
Pay content for time limit to check for freenAnswer (1) Rural grass house compensation 1900 yuan/square meter (2) brick housing compensation 2400/square meter (3) Brick and concrete structural house compensation 2800/square meter (4) 2 floors and above buildings compensation 3300 yuan/square meter, in addition Equal compensation for things (5) Compensation method for 20,000 yuan for each household is settled in different places
Rural land acquisition and demolition compensation standards: The house was demolished, and compensation was made in accordance with the replacement of property rights
n00:00 / 01: 0170% shortcut keys: Play / suspend ESC: Exit full screen ↑: increase volume 10% ↓: decreases by 10% →: Single fast forward 5 seconds studio Here you can drag no longer appear in the player settings to reopen the small window shortcut key description