After the house expropriation compensation decision was made, the expropriation office consulted Zhang San again and asked to sign an agreement. According to the original plan, it can still compensate him with 500,000 yuan in monetary compensation or replace the resettlement house 100 square meter and 50,000 yuan for porters and other accessories. Otherwise, after compulsory execution, compensation can only be made according to the decision on compensation for house expropriation, and the execution cost shall be borne by Zhang San.
Zhang San is very dissatisfied with this. He always feels that the compensation is unreasonable, but he can't say anything unreasonable and he doesn't know how to solve it. So is there a problem with the compensation in this case?
Lawyer Wan Dian thinks: 1, the land use right of the expropriated house cannot be ignored. The Regulations on Expropriation and Compensation of Houses on State-owned Land stipulates that the right to use the land should be recovered at the same time when houses are expropriated, so the right to use the state-owned land should be compensated together, instead of being recovered free of charge when houses are expropriated. Zhang San's house should be evaluated and calculated according to the land use right of the expropriated house and the value of the expropriated house, and the blank area should not be recovered free of charge.
2. The compensation scheme fails to replace the main house and resettlement house with 1: 1 according to regulations. The expropriated house belongs to a single-family courtyard, while the resettlement house belongs to a high-rise building, with completely different floor area ratio, building structure and comfort. For example, the resettlement house has no functions such as physical exercise, flower cultivation and parking in the yard of the expropriated house, and these factors will affect the value of the house.
3. It is stipulated in the scheme that the concierge and wing can only make unreasonable compensation according to the appendages.
Houses such as porters and wing houses that have been expropriated, whether they are actually used for living or not, should be treated as houses as long as their height and structure meet the standards of houses. For example, if we buy ordinary commercial housing, the kitchen, bathroom and elevator should be purchased at the unit price of the house. Similarly, porters, wing rooms, toilets and kitchens of expropriated houses should also be treated equally.
After consultation, Zhang San knew the problem and raised it with the expropriation office, but the expropriation office still refused to make any changes, because the plan was formulated by the county government, and everyone implemented such standards, which could not be changed just because of Zhang San, and clearly informed the government that it was strengthening the application materials for demolition and advised Zhang San to sign an agreement as soon as possible, otherwise once it was enforced, it could only be handled according to the house expropriation compensation decision. Zhang San said, if
Zhang San felt very helpless and found Wandian Law Firm again, hoping that when the government applied to the court for compulsory demolition, the lawyer would safeguard the rights and interests on his behalf. The lawyer of Wandian Law Firm told him that he must not wait until the compulsory demolition, because according to the Regulations on Expropriation and Compensation of Houses on State-owned Land and the Provisions of the Supreme People's Court on Several Issues Concerning Handling Cases of Applying for People's Courts to Enforce the Compensation Decision on Houses on State-owned Land, when the government applied to the court for compulsory execution, the expropriated person had lost the right to bring an administrative lawsuit against the compensation decision, and the court would not examine whether the evaluation by the evaluation agency was reasonable or whether the government's compensation plan was flawed. Therefore, even with the help of lawyers, it is difficult to provide relief, and most of them will watch the house being demolished. Once the house is demolished, the expropriated person will lose the weight of negotiation, and it will be much more difficult to solve the compensation problem.
Subsequently, the lawyer informed Zhang San of the 12 steps summarized by Wandian Law Firm to make the decision on house expropriation, as well as the procedures and conditions for making the decision on house expropriation compensation, and checked whether the administrative actions of the county government were in compliance with the regulations one by one. Lawyers and Zhang San found that there were many serious violations in the collection work.