Vacation refers to agreed relocation and agreed relocation. Generally speaking, it refers to the behavior of the village Committee to recover all the houses and land of the vacated person after the vacated person signs a compensation agreement with the village Committee and the developer on the collective land. In essence, the fundamental purpose of "vacating" is to quickly realize expropriation and carry out land reserve or construction, which is a disguised demolition or expropriation.
It should be reminded that according to Article 44 of the Land Management Law: "If the construction occupies land and involves the conversion of agricultural land into construction land, the examination and approval procedures for the conversion of agricultural land shall be handled. Depending on the scale of the project, the larger one is approved by the State Council, and the rest is approved by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, or by the people's governments of cities and counties ".
It can be seen that the village Committee has no right to requisition collective land, and the behavior of vacating led by the village Committee has seriously violated the provisions of relevant laws on land management.
Second, how to calculate the compensation standard for rural housing demolition?
1. Calculation standard of housing vacate compensation
(1) Monetary compensation for vacating the house = appraisal price of legally owned real estate+agreed compensation amount for house decoration (or compensation amount for house decoration determined by appraisal).
(2) The compensation difference for vacating the house = the appraised price of legally owned real estate+the agreed compensation amount for house decoration or the compensation amount for house decoration determined by appraisal)-the appraised price of the house where the vacatee has acquired the property right exchange.
2. Calculation standard of housing vacate resettlement fee
Resettlement compensation fee = relocation subsidy+temporary resettlement subsidy without turnover housing+temporary resettlement subsidy beyond the transition period+compensation for losses caused by non-residential housing suspension.
3. How should villagers safeguard their legitimate interests after retirement?
First, apply for village affairs disclosure. According to the provisions of Article 30 of the Organic Law of Villagers' Committees, those who have been retired can apply to the relevant village committee for village affairs disclosure, and ask the village committee to disclose the village committee information such as the retirement plan and compensation distribution plan, as well as the relevant villagers' meetings, villagers' representative meetings, meeting minutes, implementers and other materials related to the retirement resolution.
On the one hand, it is easy to understand the specific content of resignation, on the other hand, it also lays the foundation for subsequent rights protection. If the village committee does not disclose relevant information, it may apply to the government at the next higher level to supervise the village committee to perform its duties, and may bring an administrative lawsuit for relief when necessary.
Secondly, initiate investigation procedures to government departments. You can analyze the nature of illegal acts according to the contents obtained by information disclosure, and apply to the competent department for different investigation procedures. If the administrative organ fails to perform the functions entrusted by laws and regulations, it may also file an administrative reconsideration or administrative lawsuit to seek further relief.
Initiate administrative reconsideration or administrative litigation. As long as the administrative organ has made a specific administrative act, and it has had an impact on the actual rights and obligations of the vacated person, we can bring administrative reconsideration and administrative litigation. Ask the court to confirm that its behavior is illegal in order to improve compensation.