Answer:
Lawyer Wang, the director of Beijing Law Firm, answered the above questions with this typical case.
According to Wang, the Supreme People's Court believes that although the Regulations on Expropriation and Compensation of Houses on State-owned Land cannot be directly applied to the expropriation of houses on collective land due to the different nature of land, the rights and interests of farmers will not be protected if the land where the houses are located is urbanized. Therefore, for such problems, we can refer to the compensation standard of the Regulations on Expropriation and Compensation of Houses on State-owned Land.
However, because the land price has actually been included in the compensation for house expropriation on state-owned land, if the land has been compensated when the farmers' collective land is expropriated, the land compensation fee already obtained shall be deducted when the compensation is made according to the compensation standard for house expropriation on state-owned land.
Wang further introduced that in practice, when the rural collective land was expropriated, the houses and other real estate on the expropriated land were not resettled and compensated, and the place where the houses were located at the time of compensation and resettlement was included in the urban planning area. Land rights holders like Mr. Zhao, referring to the implementation of housing compensation standards on state-owned land, request compensation or compensation according to the latest local real estate market price standards, and the people's courts should generally support them, but the land compensation fees obtained should be deducted.
In this regard, Mr. Wang said that, for example, 20 years ago, a park in Shanghai was expanded for land acquisition, and Mr. Zheng's house was located within the scope of land acquisition, but it was not until recent years that the District Planning and Land Management Bureau (hereinafter referred to as the Land Management Bureau) announced the proposed compensation plan for land acquisition, and a land acquisition center was responsible for housing compensation. Mr. Zheng believes that his house has long been included in the urban planning area and should be compensated according to the Regulations on Expropriation and Compensation of Houses on State-owned Land, and no compensation agreement has been signed. Later, the Bureau of Land Management made a "decision to hand over the land". Mr. Zheng refused to accept and asked the court to revoke the judgment. Finally, the court set up a platform to resolve disputes. After several rounds of negotiations, Mr. Zheng reached an agreement with a collection and compensation center, signed a housing compensation agreement, obtained reasonable compensation, and ordered two sets of resettlement houses in a residential area in Shanghai.
It is worth noting that the application of the above situation is conditional and needs to meet the premise that the administrative organ is lazy in performing its duties. The expropriated person shall not delay bringing legal proceedings because of this provision in order to obtain more compensation. In practice, the relevant departments often consider factors such as house prices and living costs around the demolished houses in order to properly solve the housing problems of farmers.