Promulgator: Wuhan Municipal People's Government
Date of promulgation: 2003- 12-22
Implementation date: February 0, 20041
Validity: Validity
Order of Wuhan Municipal People's Government
No. 149
The "Measures for Compensation and Resettlement of Collectively Owned Land Expropriation in Wuhan" has been considered and adopted at the 1 kloc-0/3 executive meeting of the Municipal People's Government on October 24th, 2003, and is hereby promulgated and shall come into force as of February12004.
Mayor Li
December 22nd, 2003
Measures of Wuhan Municipality on Compensation and Resettlement for Expropriation of Collectively Owned Land
Chapter I General Principles
Article 1 These Regulations are formulated in accordance with the Land Administration Law of the People's Republic of China, the Regulations for the Implementation of the Land Administration Law of the People's Republic of China, the Measures for the Implementation of the Land Administration of Hubei Province and other laws and regulations in combination with the actual situation of this Municipality in order to strengthen the management of compensation and resettlement for the expropriation of collectively owned land (hereinafter referred to as land expropriation), ensure the smooth progress of land expropriation and protect the legitimate rights and interests of the expropriated rural collective economic organizations, rural villagers or other obligees.
Article 2 These Measures shall apply to compensation and resettlement for land requisition within the administrative area of this Municipality. Unless otherwise provided by laws, regulations and the provincial people's government, such provisions shall prevail.
Article 3 The term "compensation and resettlement for land requisition" as mentioned in these Measures refers to the act of paying compensation fees and implementing resettlement for rural collective economic organizations, rural villagers or other rights holders whose land has been requisitioned according to law.
Article 4 The municipal land administrative department is in charge of the compensation and resettlement for land expropriation in the whole city, and is responsible for the implementation of compensation and resettlement for land expropriation in Jiang 'an, Jianghan, Qiaokou, Hanyang, Wuchang, Qingshan, Hongshan District, Wuhan Economic and Technological Development Zone and Wuhan Donghu New Technology Development Zone.
The land administrative departments of Dongxihu, Hannan, Caidian, Jiangxia, Xinzhou and huangpi district are responsible for the management of land requisition compensation and resettlement within their respective jurisdictions.
Chapter II General Provisions
Article 5 After the land acquisition plan is approved according to law, the Municipal People's Government or the people's governments of Dongxihu, Hannan, Caidian, Jiangxia, Xinzhou and huangpi district shall announce the land acquisition approval authority, approval number, purpose, land acquisition scope and area, land acquisition compensation standard, agricultural personnel placement method and time limit for handling land acquisition compensation in the township (town, field, street) and village where the land acquisition is located. The specific work shall be implemented by the land administrative department.
Sixth expropriated rural collective economic organizations, rural villagers or other rights holders shall, within the time limit stipulated in the announcement, hold the land ownership certificate to the designated place for land acquisition compensation registration. If there are buildings (structures) on the expropriated land, legal certificates of the buildings (structures) shall also be provided. Land administrative departments shall organize land acquisition staff to conduct on-the-spot investigation and verification.
If the rural collective economic organizations, rural villagers or other rights holders whose land has been expropriated fail to go through the registration procedures for land acquisition compensation as scheduled, the compensation content shall be subject to the investigation results of the land administrative departments.
Since the announcement of land requisition, the rural collective economic organizations and farmers who have been expropriated shall not compete for seeds or carry out construction within the scope of land requisition. No compensation will be given to those who rush to plant seeds.
Article 7 The land administrative departments shall, according to the approved land requisition plan, work out the land requisition compensation and resettlement plan jointly with relevant departments, make an announcement in the expropriated townships (towns, fields, streets) and villages, and listen to the opinions of the expropriated rural collective economic organizations and villagers.
After the approval of the land requisition compensation and resettlement plan, the land administrative department shall organize the implementation.
Eighth rural collective economic organizations, rural villagers or other rights holders have disputes over the standards of compensation and resettlement for land acquisition, which shall be handled in accordance with the relevant provisions of the state and province. Disputes over land requisition compensation and resettlement will not affect the implementation of land requisition plan.
Article 9 land acquisition compensation includes land compensation fees, resettlement subsidies, ground attachments (including buildings and structures) and young crops compensation fees.
Article 10 Where land is requisitioned, compensation shall be given according to the original use of the requisitioned land.
All land acquisition expenses shall be paid in full within 3 months from the date of approval of the land acquisition compensation and resettlement plan.
Chapter III Compensation for Land, Young Crops and Attached Objects on the Ground
Eleventh expropriation of land, land compensation fees should be paid according to the following standards:
(a) the expropriation of cultivated land, compensation according to the average annual output value of the three years before the expropriation of cultivated land;
(two) the requisition of gardens, forest land and other agricultural land shall be compensated by 6 times the average annual output value of adjacent cultivated land in the first 3 years;
(three) the expropriation of construction land and unused land shall be compensated by 6 times the average annual output value of adjacent cultivated land in the first 3 years.
Twelfth young crops on the expropriated land, which can calculate the output value, shall be compensated according to its output value. Those who can harvest will not be compensated; Can not be harvested, according to a quarter of the output value of compensation. If the output value cannot be calculated, reasonable compensation shall be given.
If attachments such as irrigation and water conservancy, electromechanical irrigation and drainage facilities, electric power, broadcasting and communication facilities can be moved, the property right unit shall be responsible for the relocation itself, and the land unit shall pay the relocation fee; Can not be moved, by the land unit according to the replacement price compensation.
Graves on the expropriated land shall be moved by the land-using unit within a time limit, and the grave owner shall be paid the relocation fee in accordance with the relevant provisions; Fails to move, by the land administrative departments in conjunction with the relevant departments.
The compensation fees stipulated in the first, second and third paragraphs of this article shall be paid to all, and the specific compensation standards shall be formulated by the municipal price administrative department in conjunction with the municipal land administrative department.
Thirteenth land acquisition involves housing demolition, according to the provisions of the "Wuhan city, the expropriation of collectively owned land housing demolition management measures".
Fourteenth units that have been approved to temporarily use collective land according to law shall pay compensation fees to rural collective economic organizations in accordance with the following provisions:
(a) temporary use of cultivated land, according to the average annual output value of the first three years combined with the use of fixed number of years to calculate compensation. If the usage is less than 1 year, it shall be calculated as two years, and if it exceeds 1 year, it shall be calculated as three years;
(two) the temporary use of other profitable land, according to the average annual output value of adjacent cultivated land in the first three years multiplied by the service life of compensation.
Young crops and ground attachments within the scope of temporary land use shall be compensated to all people according to actual losses.
Chapter IV Resettlement of Agricultural Population
Fifteenth land expropriation, resettlement subsidies shall be paid in accordance with the following provisions:
(1) In case of expropriation of cultivated land, the standard of resettlement subsidy for every 1 agricultural population in need of resettlement is 6 times of the average annual output value of the cultivated land in the three years before expropriation, but the maximum resettlement subsidy per hectare of expropriated cultivated land shall not exceed 15 times of the average annual output value of the cultivated land in the three years before expropriation;
(two) the expropriation of other land with income, the resettlement subsidy standard for each 1 agricultural population in need of resettlement is 6 times of the average annual output value of adjacent cultivated land in the first three years.
Requisition of unproductive land does not pay resettlement subsidies.
Article 16 In accordance with the provisions of Article 11 and Article 15 of these Measures, land compensation fees and resettlement subsidies are paid, and farmers who need resettlement cannot maintain their original living standards, the resettlement subsidies can be increased with the approval of the provincial people's government. However, the sum of land compensation fees and resettlement subsidies shall not exceed 30 times of the average annual output value of the cultivated land in the three years before expropriation.
Article 17 The number of agricultural population to be resettled shall be calculated by dividing the number of cultivated land requisitioned by the average number of cultivated land occupied by each requisitioned unit before land requisition.
The agricultural population who has enjoyed the resettlement policy due to land acquisition will no longer be included in the scope of agricultural population to be resettled in the next land acquisition.
Eighteenth people who need to be resettled by rural collective economic organizations, resettlement subsidies paid to rural collective economic organizations, managed and used by rural collective economic organizations; Resettlement by other units, resettlement subsidies paid to resettlement units; If there is no need for unified resettlement, the resettlement subsidy shall be paid to the individual or used to pay the insurance premium of the resettled person with the consent of the resettled person.
Those who meet the conditions for participating in social insurance shall pay social insurance fees for immigrants after obtaining their consent. The specific measures for participating in social insurance shall be formulated by the municipal labor and social security department and implemented after the approval of the Municipal People's government.
Nineteenth rural collective economic organizations whose land has been expropriated can arrange land, reclaim cultivated land, adjust land, set up enterprises and set up special funds for land acquisition and resettlement. , to place people who need to be placed.
Twentieth rural collective economic organizations whose land has been expropriated shall announce the revenue and expenditure of land acquisition compensation to the members of the collective economic organizations and accept supervision.
The resettlement subsidy for the expropriated land must be earmarked for special purposes and shall not be used for other purposes.
District and township (town) people's governments and sub-district offices shall strengthen supervision over the use of resettlement subsidies.
Chapter V Legal Liability
Twenty-first occupation, misappropriation of land acquisition compensation and other related expenses of land acquisition units, investigated and dealt with by the supervision and auditing departments according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Twenty-second land administrative departments staff in the process of land acquisition compensation and resettlement dereliction of duty, abuse of power, corruption, which constitutes a crime, shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be given administrative sanctions according to law.
Chapter VI Supplementary Provisions
Twenty-third land area, cultivated land area, agricultural population, annual output value, etc. According to the data provided by the municipal administrative department of statistics.
Twenty-fourth compensation for the use of state-owned agricultural land for non-agricultural construction shall be implemented with reference to these measures.
Twenty-fifth problems in the specific application of these measures shall be interpreted by the municipal land administrative department.
Twenty-sixth the implementation since February 6, 2004. 1On March 30, 994, the Measures for Compensation and Resettlement of Land Requisition for National Construction in Wuhan promulgated by the Municipal People's Government shall be abolished at the same time.
Wuhan issued a compensation policy for collective land house demolition.
According to the regulations, urban residents cannot occupy collective land to build houses, nor can they buy houses of rural villagers. However, due to historical reasons, some residents bought villagers' houses or bought land to build houses. In this regard, Wuhan recently issued the "Opinions on Dealing with the Historical Legacy of Compensation for House Demolition by Expropriating Collective Land in Wuhan (Trial)", which elaborated on this issue in detail.
According to this regulation, houses built and purchased by urban residents and non-village villagers on collective land before 198, 12, 3 1 shall be compensated during the demolition: the compensation price for the construction area within Central Road, the construction area outside Central Road and the construction area within 360 square meters shall be calculated according to the replacement price of the house; The compensation price beyond the area is calculated at 50% of the replacement price of the house.
The land occupied by its houses shall be given certain land compensation fees to rural collective economic organizations.
After 1999 65438+ 10 1, houses built by rural villagers without legal approval documents and houses occupied by urban residents and non-village villagers on collective land will not be compensated for land acquisition and demolition.
Notice of Wuhan Urban Planning Administration on Printing and Distributing the Regulation on Compensation Funds for Urban Housing Demolition in Wuhan
All planning land sub-bureaus and relevant construction units:
"Wuhan city housing demolition compensation and resettlement funds monitoring management regulations" has been formulated, is issued to you, please follow. 65438. On February 7, 2000, the Interim Measures for the Supervision and Management of Special Funds for Urban Housing Demolition and Resettlement Compensation in Wuhan issued by Wuhan Urban Planning Administration (Wu Gui Tu Zi [2000] No.034) shall be abolished at the same time.
April 2003 14
Provisions of Wuhan Municipality on the Supervision and Administration of Compensation Funds for Urban Housing Demolition
Article 1 In order to strengthen the management of urban house demolition, and ensure that the people to be demolished get compensation and resettlement after house demolition, these Provisions are formulated in accordance with the relevant provisions of the Regulations on the Administration of Urban House Demolition in the State Council and the Implementation Measures for the Administration of Urban House Demolition in Wuhan (hereinafter referred to as the "Measures"), combined with the actual situation of this Municipality.
Article 2 These Provisions shall apply to the demolition of houses on state-owned land within the urban planning area of this Municipality, and it is necessary to compensate and resettle the demolished persons.
Article 3 The compensation fund for house demolition and resettlement refers to the expenses for the demolition of houses and their appendages within the scope of the Measures, and for the resettlement and compensation for the people to be demolished. Specifically, it includes housing compensation costs, ancillary compensation costs, temporary resettlement subsidies, resettlement housing construction costs and other costs involved in demolition.
Article 4 The amount of compensation and resettlement funds for demolition shall be determined by the demolition management department according to factors such as the area, use and market evaluation opinions of the houses to be demolished.
Demolition should be in accordance with the amount of funds determined by the demolition management department, the demolition resettlement compensation funds will be deposited in the commercial banks designated by the demolition management department (including rural credit cooperatives, the same below), and ensure that the funds are used for housing demolition resettlement compensation.
Article 5 Before obtaining the house demolition permit, the demolition person, the deposit commercial bank and the house demolition management department shall sign an agreement on the use of demolition compensation and resettlement funds.
Commercial banks should manage monitoring funds in accordance with the agreement to ensure earmarking. If a commercial bank fails to allow residents to use monitoring funds without authorization as agreed, resulting in the failure to implement compensation and resettlement for residents, it shall bear the responsibility of allocating funds without authorization.
Article 6 The fund supervision agreement shall include the following contents:
(1) Monitoring the amount of funds;
(2) the plan for the use of funds;
(three) the specific procedures for the use of funds;
(4) Procedures for additional funds;
(5) Dissolving the fund monitoring procedure;
(6) Liability for breach of contract;
(seven) other matters that need to be concluded.
Seventh demolition and resettlement compensation funds are monitored according to the following provisions:
Projects that implement monetary resettlement or housing resettlement shall be monitored at 100% of the amount of resettlement compensation funds as needed.
The monitoring funds shall be appropriately reduced according to the number of existing houses provided by residents, but at least not less than 60% of the monetary resettlement compensation funds.
Article 8 Where a demolisher resettles an existing house, it shall provide relevant information such as the purchase contract, the formalities for examination and approval of house construction, the type, area, location and floor of the house.
Ninth non-operating construction projects do have special circumstances, the demolition management department may, as appropriate, narrow the scope of fund monitoring.
Tenth after the conclusion of the fund supervision agreement, the demolition should be in accordance with the determined amount of funds deposited in a special account, and the commercial bank that handles the deposit should issue a written certificate of the corresponding amount of funds to the demolition management department.
Eleventh residents should use the monitored funds as planned, and commercial banks can allow residents to use the corresponding funds only after the consent of the demolition management department.
Twelfth in the process of demolition due to changes in the situation really need additional monitoring funds, the demolition management department should be additional monitoring amount written notice to the demolition, and signed a supplementary agreement with the demolition, commercial banks.
Thirteenth housing demolition resettlement compensation is completed, the demolition management department shall promptly issue a notice to the commercial bank demolition monitoring, demolition can freely use the remaining monitoring funds.
Fourteenth judicial departments to monitor the funds involved in the demolition of property according to law, commercial banks should promptly notify the demolition management department.
Fifteenth "demolition permit" to determine the scope of the demolition of collectively owned land, housing demolition and resettlement compensation funds monitoring in accordance with these provisions.
Article 16 The administrative department of planning of Wuhan Municipality shall be responsible for the interpretation of these Provisions.
Seventeenth the provisions shall come into force as of May 6, 2003+0.
Measures of Wuhan Municipality on the Administration of House Demolition by Requisition of Collectively Owned Land
Implementation date: February 0, 20041Promulgated by DecreeNo. of Wuhan Municipal People's Government. 148.
The "Measures for the Administration of House Demolition by Requisition of Collectively Owned Land in Wuhan" has been deliberated and adopted at the 1 kloc-0/3 executive meeting of the Municipal People's Government on October 24th, 2003, and is hereby promulgated and shall come into force as of February12004.
Mayor Li
December 22nd, 2003
Measures of Wuhan Municipality on the Administration of House Demolition by Requisition of Collectively Owned Land
Chapter I General Principles
Article 1 These Measures are formulated in accordance with the Land Administration Law of the People's Republic of China, the Regulations for the Implementation of the Land Administration Law of the People's Republic of China and the Measures for the Implementation of Land Administration in Hubei Province in order to standardize the management of house demolition on collectively owned land, ensure the smooth progress of urban construction and safeguard the legitimate rights and interests of the parties involved in the demolition.
Article 2 These Measures shall apply to the house demolition on collective land expropriated by this Municipality, and it is necessary to make compensation and resettlement for the people to be demolished.
Article 3 The term "demolisher" as mentioned in these Measures refers to the land unit that has obtained the relevant approval documents for the use of collectively owned land according to law. Demolition refers to the legal owner of the demolished house and its attachments.
Article 4 The municipal land administrative department is in charge of the management of house demolition and relocation of collective land requisitioned by this Municipality, and is responsible for the implementation of the management of house demolition and relocation of collective land requisitioned by Jiang 'an, Jianghan, Qiaokou, Hanyang, Wuchang, Qingshan, Hongshan District, Wuhan Economic and Technological Development Zone and Wuhan Donghu New Technology Development Zone.
The land administrative departments of Dongxihu, Hannan, Caidian, Jiangxia, Xinzhou and huangpi district are responsible for the management of house demolition in the area where collectively owned land is requisitioned.
The district and township (town) people's governments, sub-district offices, village (neighborhood) committees and relevant government departments where the residents are taken shall, according to their respective functions and duties, cooperate with and support the land administrative departments to do a good job in the demolition management.
Chapter II Demolition Management
Article 5 After obtaining the approval document for land requisition, the land-using unit may apply to the land management department to suspend the following matters within the scope of land use:
(a) the new batch of homestead and other construction land;
(two) to approve the construction, renovation and expansion of houses;
(3) account migration and household separation;
(four) the demolition of houses as the registered address for industrial and commercial registration;
(5) Changing the use of houses and land.
After the land administrative department approves the application of the land use unit, it shall notify the relevant departments in writing to suspend the relevant procedures for the matters listed in the preceding paragraph, and make an announcement within the scope of land use. The time limit for suspending relevant matters shall be calculated from the date of announcement, and the longest time shall not exceed 12 months.
During the suspension period, if the matters listed in the first paragraph of this article are handled without authorization, the house demolition will not be recognized.
During the suspension period, retired soldiers, retirees, college students, ex-prisoners and reeducation-through-labor personnel who really need to return to their original places and meet the conditions for household registration management can go to the public security department where the household registration is located to move in. The public security department where the account is located shall report to the land management department in time after moving in.
Article 6 After the announcement of the land acquisition plan, the land-using unit shall draw up the implementation plan of compensation and resettlement for house demolition within the scope of the expropriated land according to the land acquisition plan, and report it to the land administrative department. The implementation plan of housing demolition compensation and resettlement shall include the following contents:
(a) housing demolition within the scope of land acquisition;
(two) the demolition period;
(3) demolition method;
(four) the mode and duration of resettlement;
(five) housing and related materials and certificates required for physical reconstruction;
(six) proof of compensation and resettlement funds and use plan;
(seven) other opinions related to housing demolition compensation and resettlement.
Seventh land administrative departments shall review the implementation plan of housing demolition compensation and resettlement submitted by the demolition, and publish it together with the compensation and resettlement plan for land acquisition, and listen to the opinions of the rural collective economic organizations and farmers whose land has been expropriated. After the compensation and resettlement plan is approved, it shall be organized and implemented by the land administrative department.
The implementation of house demolition shall not exceed the approved scope and duration of demolition.
Article 8 Within the relocation period stipulated in the announcement of the land management department, the demolisher and the demolished shall sign an agreement on compensation and resettlement for house demolition in accordance with the provisions of these Measures and the approved compensation and resettlement plan. The agreement shall clearly stipulate the compensation form, compensation standard, resettlement method, relocation period, temporary resettlement transition period, liability for breach of contract, etc.
The demolition compensation and resettlement agreement signed according to law shall be observed by both parties, and neither party may change the contents of the agreement without authorization.
The model text of the ninth demolition compensation and resettlement agreement shall be formulated by the municipal land administrative department.
Tenth in the notice of the demolition period, the demolition and demolition can not reach an agreement on compensation and resettlement, according to the relevant provisions of the state and province.
Chapter III Compensation and Resettlement for Demolition
Eleventh demolition of residential houses within the Central Road, the demolition can choose monetary compensation or housing property rights exchange resettlement; Conditional, approved according to law, can be concentrated by the rural collective economic organizations to build multi-storey residential resettlement; If it is really necessary to engage in agricultural production and the per capita agricultural land reaches or exceeds the per capita cultivated land in this city, and meets the conditions for the examination and approval of homestead, you can apply for the examination and approval of homestead resettlement.
Demolition of residential houses outside the Central Link, the demolition can choose monetary compensation, property rights exchange or the construction of another homestead for resettlement. Conditional, but also by the rural collective economic organizations in accordance with the farmers' community model, unified centralized resettlement.
Twelfth monetary compensation and resettlement, the demolition should pay compensation to the demolition. Compensation is determined according to the replacement price of the demolished house and the location compensation price of the homestead. Housing replacement price standards shall be formulated by the municipal price administrative department in conjunction with the real estate department.
The compensation price of homestead location is determined according to different locations. According to the overall urban planning of Wuhan, the locations of residential sites in Jiang 'an, Jianghan, Qiaokou, Hanyang, Wuchang, Qingshan, Hongshan District, Wuhan Economic and Technological Development Zone and Wuhan East Lake New Technology Development Zone can be divided into three categories: the first category is the area within the Second Ring Road (Second Ring Road), the second category is the area between the Second Ring Road and the Third Ring Road (Middle Ring Road), and the third category is the Third Ring Road (Middle Ring Road). The specific compensation price standard shall be formulated by the municipal price administrative department in conjunction with the municipal land administrative department.
The location of homestead and its compensation price standard within the scope of Dongxihu, Hannan, Caidian, Jiangxia, Xinzhou and Huangpi shall be formulated by the people's governments of all districts and reported to the municipal price administrative department and the municipal land administrative department for approval.
The monetary compensation and resettlement, the demolition has the qualification to buy affordable housing.
Thirteenth the implementation of property rights exchange, the demolition and demolition should be determined according to the provisions of article twelfth of these measures, and settlement and evaluation of the price difference of resettlement housing.
Fourteenth by the rural collective economic organizations to focus on the construction of multi-storey residential demolition and resettlement, the demolition should be compensated in accordance with the provisions of Article twelfth of these measures; The rural collective economic organizations shall solicit the opinions of the residents, and the expenses shall be borne by the residents.
If the resettlement of homestead is approved separately, the demolisher shall compensate the demolished person according to the standards stipulated in Article 12 of these Measures, and the demolished person shall build his own house according to the approved homestead location and area, and the expenses shall be borne by the demolished person.
In accordance with the provisions of the first and second paragraphs of this article, the construction of residential buildings shall conform to the urban planning, the overall land use planning and the construction planning of farmers' new villages.
Fifteenth demolition of residential houses, the demolition of people in accordance with the 1 household +0 homestead compensation and resettlement. The area and construction area of the demolished residential house in the demolition compensation shall be determined according to the area approved according to law. The demolished residential house covers an area of less than 60 square meters. If there is no other house in this city, the area of the house to be demolished is determined to be 60 square meters.
The houses built before the implementation of the Land Management Law of People's Republic of China (PRC) (1, 1999) and the land occupied by them have not obtained the corresponding ownership certificate and the approval documents of the competent authorities, but they are really occupied by the villagers for a long time, and appropriate compensation can be given. The specific measures shall be formulated separately by the municipal land administrative department.
Sixteenth housing area determined in the demolition compensation, based on the land use certificate registration area; If the land use certificate is not obtained but approved according to law, the approved land area shall be taken as the basis.
In the compensation for demolition, the construction area of the house on the homestead is determined on the basis of the registered area of the house ownership certificate; If the building ownership certificate is not obtained, but there are construction documents approved by the planning and management department, the approved construction area shall be taken as the basis.
Seventeenth of the use of their own residential housing to engage in production and business activities and hold a business license, according to the residential housing to be identified, but the actual use of construction area for business to give appropriate business compensation. Specific compensation standards, according to the relevant provisions of urban housing demolition.
Eighteenth according to the compensation and resettlement measures, the demolition should also pay relocation subsidies and temporary resettlement subsidies to the demolition or provide transitional housing. The specific standards of housing relocation subsidies and temporary resettlement subsidies shall be implemented in accordance with the relevant provisions of urban housing demolition.
Nineteenth people should be taken to the demolition of housing telephone, air conditioning, water meter, electricity meter, cable TV, gas pipeline and other facilities to pay compensation for demolition, the specific standards in accordance with the relevant provisions of urban housing demolition.
Article 20 When demolishing non-residential houses of rural collective economic organizations, the demolisher shall compensate the demolished person according to the replacement price of the house, and the land occupied by the house shall compensate the demolished person according to the standards stipulated in the Measures for Compensation and Resettlement of Collective-owned Land Expropriation in Wuhan.
Demolition of non-residential houses, in addition to compensation in accordance with the provisions of the preceding paragraph, should also be taken according to the actual situation of compensation for the following expenses:
(1) Equipment relocation and installation expenses calculated according to the freight transportation price and equipment installation price stipulated by the state and this Municipality;
(two) the equipment that can not be restored to use shall be combined into a new settlement fee according to the replacement price;
(three) compensation for the suspension of production and business due to demolition;
(four) commercial housing, commercial compensation should be given according to its business area.
Twenty-first demolition of illegal buildings and temporary buildings exceeding the approved period shall not be compensated; Demolition of temporary buildings that have not exceeded the approval period after being approved according to law, and appropriate compensation shall be given according to the replacement price combined with the remaining period.
Twenty-second housing purposes in line with the planning approval; If there is no planning approval, it shall be determined by the land administrative department according to the purpose of land use certificate registration; If the purpose of the demolished house is still uncertain, it shall be treated as a residential house.
Chapter IV Legal Liability
Twenty-third after the conclusion of the compensation and resettlement agreement for house demolition, if the demolished person or lessee refuses to move within the relocation period, the demolished person may apply to the Arbitration Commission for arbitration or bring a lawsuit to the people's court according to law.
Article 24 The staff of land administrative departments and relevant departments who neglect their duties, abuse their powers or engage in malpractices for selfish ends in the process of compensation and resettlement for land acquisition and demolition shall be investigated for criminal responsibility according to law if the case constitutes a crime; If it does not constitute a crime, it shall be given administrative sanctions according to law.
Chapter V Supplementary Provisions
Twenty-fifth according to the occupation of village collective land and state-owned agricultural land, the housing demolition compensation and resettlement, with reference to these measures.
Twenty-sixth problems in the specific application of these measures shall be interpreted by the municipal land administrative department.
Twenty-seventh the implementation since February 6, 2004.