In 2022, Yangpu District will move into Pingliang 53, Yanji 20 1, Pingliang 7 1, 75, Da Qiao 94, Dinghai 146, Da Qiao 103, Da Qiao 1 16. The number of relocated households should be Dinghai 146, and it is said that the number of relocated households has reached 16 15, followed by Pingliang 53, with about 1 100 households. Over the past few years, Yangpu District of Shanghai has been continuously transforming the old district, and it is expected that the old district will be completely transformed in 2022.
Housing demolition should pay attention to the following matters:
(A) the conclusion of the compensation and resettlement agreement for house demolition
The demolition agreement shall be reached through consultation between the demolition and the demolition. Opinions are not unified, the demolition can refuse to sign. And upon the application of the parties, it shall be decided by the house demolition management department. Housing demolition management department is the demolition, managed by the people's government at the same level. The ruling shall be made within 30 days from the date of accepting the application.
(2) Different compensation standards under different circumstances.
The compensation standard depends on the implementation opinions of specific demolition projects and the different economic development conditions in different places, as well as the different conditions of houses and land. Housing demolition compensation can be divided into housing compensation and land compensation. The compensation of commercial housing is higher than that of homestead. Demolition lawyers remind everyone that when evaluating commercial housing, we must not forget to ask for compensation for the losses caused by the suspension of production and business. Therefore, whether the compensation standard is too low depends on the local actual situation.
(3) Applying for information disclosure
When the compensation is too low, we must first apply for the disclosure of government information to see if the compensation formulated by the government is fair and reasonable. If it is found that the demolition party fails to perform its obligations in accordance with the compensation agreement, it may bring an administrative reconsideration or administrative lawsuit according to law.
(4) Refuse to sign an agreement with too low compensation. What should I do in case of forced demolition?
It is illegal to demolish a house without a ruling from the relevant department. As the legal owner of the house, you can ask the demolition party to bear the tort liability of administrative violations and infringers, and compensate the corresponding losses. If the case constitutes a crime, criminal responsibility shall also be investigated.
(5) Others
In addition to the low compensation standard for demolition, there may be other illegal phenomena such as illegal procedures. All kinds of demolition tactics are varied, so we need to cultivate a pair of big brothers' eyes, see through them quickly and defend their rights in time, so as to seize the opportunity and greatly improve the possibility of winning the case.
Legal basis:
Land Management Law of the People's Republic of China
Article 16 The overall land use planning at a lower level shall be based on the overall land use planning at a higher level.
The total amount of construction land in the overall land use planning compiled by local people's governments at all levels shall not exceed the control index determined by the overall land use planning at the next higher level, and the amount of cultivated land shall not be lower than the control index determined by the overall land use planning at the next higher level.
The overall land use planning prepared by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall ensure that the total amount of cultivated land within their respective administrative areas does not decrease.
regulations on the expropriation and compensation of houses on state owned land
Article 8 In order to safeguard national security, promote national economic and social development and other public interests, if it is really necessary to expropriate houses under any of the following circumstances, the people's government of the city or county shall make a decision to expropriate houses:
(a) the needs of national defense and diplomacy;
(two) the needs of the government organization and implementation of energy, transportation, water conservancy and other infrastructure construction;
(three) the needs of public utilities such as science and technology, education, culture, health, sports, environmental and resource protection, disaster prevention and mitigation, cultural relics protection, social welfare, and municipal utilities organized and implemented by the government;
(four) the needs of the construction of affordable housing projects organized and implemented by the government;
(five) the needs of the old city reconstruction organized and implemented by the government in accordance with the relevant provisions of the urban and rural planning law, such as the concentration of dangerous houses and backward infrastructure.
(six) the needs of other public interests as prescribed by laws and administrative regulations.