In view of the relocation of mine subsidence area, the state has not issued a unified compensation standard. Generally, provinces and cities stipulate the corresponding compensation amount according to their own economic development level. Taking Huaibei City, Anhui Province as an example, according to Articles 12 to 19 of the Interim Measures for the Management of Village Relocation in Coal Mining Subsidence in Huaibei City, the compensation items for village relocation and resettlement mainly include:
1. Demolition compensation, including villagers' houses, killing wells, fences, trees and other ancillary facilities, in which the per capita compensation area of relocated households is 25m2, and the compensation standard for unit area is 600 yuan per square meter. The calculation formula is: number of relocated people × per capita resettlement area × compensation standard per unit area;
2 public facilities fees, on the basis of demolition compensation, need to be compensated to the collective. The standard is to compensate families for relocation and resettlement 17% for the construction of roads, power supply, water supply, drainage and sanitation facilities at the new village site.
3. Young crops compensation fee. If the surrounding cultivated land collapses due to mine collapse, the crops above the collapsed cultivated land will be compensated according to the 900 yuan per mu, and the orchard compensation is higher than this standard.
4, collective organizations * * * buildings and enterprises and institutions such as demolition, according to the original construction area, structure and original equipment demolition, installation costs, with reference to the current cost of 80% compensation, new buildings, no compensation.
5. Removal fee. The original village houses will be demolished within 3 months after the completion of the new village construction. After the house demolition, the mining enterprise shall pay the demolition fee according to the 200 yuan of each relocated household. The deadline for determining the number of villages to be relocated and the population is the date of the announcement of relocation, which is determined according to the number of agricultural permanent residents registered by the local public security department.
6. Original site of Laozi and Zhuangzi: If the original site of Laozi and Zhuangzi is larger than the area of the new village site, the coal mining enterprise will compensate the farmers for the extra area according to the current national levy price.
7. Land reclamation fee. If the mine collapse causes the land to collapse into land with no more than meters and a lot of water, the mining enterprise also needs to pay the land reclamation fee and hand it over to the landowner for reclamation.
As can be seen from the above, if Huaibei villagers need to move because of mine collapse, they can ask for the above compensation. If the government or mining enterprises pay less, the villagers have the right to reconsider or bring a lawsuit to ask the relevant departments for compensation. If it is in other areas, the parties concerned should first go to official website, the local municipal government, to find the documents about the compensation standards for mining subsidence areas, analyze them according to the provisions of relevant documents, and compare their own situations. It is best to defend rights with the assistance of professional lawyers.
Second, when will the compensation for demolition be paid?
1. If compensation is made by monetary resettlement, compensation shall be made after signing the monetary resettlement agreement and before house demolition;
2. If compensation is made by housing replacement (compensation for resettlement houses), after signing the housing resettlement agreement, the transitional cost of 1-2 years shall be compensated in one lump sum before the housing relocation. If the resettlement house is not delivered at the expiration of 1-2 years, the transitional expenses shall be compensated again according to the agreement.
Third, the way of compensation for demolition.
1, monetary compensation
Monetary compensation is a professional evaluation of the demolished houses by professional evaluation institutions according to different legal basis, thus generating a well-documented compensation amount.
2. Property right replacement
Property right replacement is also called property right replacement. According to different evaluation methods, there are two alternative methods. Value standard property right replacement refers to the evaluation of the property right value of the demolished house according to legal procedures, and then the equivalent replacement of the value with the property right of the newly-built house. Area standard property right exchange refers to the exchange of property rights in different places based on the construction area and without settlement of the price difference within the resettlement area.
3. The compensation method of combining the two.
As the name implies, this kind of compensation means both monetary compensation and property right replacement.