The first is the compensation standard for enterprises to occupy land or buildings.
Lawyer Li of the land acquisition and demolition group of Henglue Law Firm told the author that the compensation for enterprise demolition is divided into the following parts: first, the compensation for land, and the ground price is determined according to the lease period and market price of the remaining land; Secondly, compensation for attachments on the ground. The calculation method is as follows: first, it is calculated according to a certain proportion of the total value of the expropriated house, which is determined by both parties through consultation in advance; Secondly, the minimum standard is the construction cost price according to the compensation amount of the housing area and unit area; The third is the compensation for the loss of production and business suspension caused by demolition and reasonable relocation expenses. This calculation orientation, first, is calculated by multiplying the average annual operating income and profit of for-profit houses by the period of suspension of production and business (years), and second, it is determined by the evaluation agency, or calculated according to the actual loss compensation, and determined through consultation.
Second, the city commercial housing demolition compensation shops:
Lawyer Wang of the land acquisition and demolition group of Henglue Law Firm told the author that the compensation for shops should first be clear about the compensation object, and then the compensation standard. Many cases handled by the land acquisition and demolition team of Henglve in recent years have encountered similar disputes. Because most commercial houses are rented, the focus of the dispute here is whether the lessee has the right to compensation. Lawyer Wang, the demolition lawyer of Henglue, told the author that it depends on whether it is within the lease period. First of all, it depends on whether there is a clear agreement on demolition compensation in the lease contract. If there is, it will be implemented according to the contract. If not, it can only be done according to law. According to the law, the lessee is entitled to compensation for demolition. As far as the compensation standard is concerned, lawyer Wang of Henglue Land Acquisition and Demolition Team told the author: Regular commercial houses are compensated by shops, and houses are changed into businesses. A business license can be higher than a house, but it is generally not higher than a shop. If it's a rented shop or facade,
Third, the compensation standard for shantytown demolition.
Another name of shanty towns is the well-known "village in the city", which refers to a kind of houses with high building density, small floors, small per capita area and incomplete infrastructure in urban built-up areas. For example, Tangjialing in Beijing is a famous shanty town in China. For this kind of houses, lawyer Qin, a lawyer for land acquisition and demolition of Henglve, told the author: In one case, if the expropriated area belongs to state-owned land, the compensation is not lower than the price of similar houses around it, and if it belongs to collective land, the minimum compensation is not lower than the price of new houses to be demolished; On the other hand, if it is a house on collective land, the market price of the surrounding houses is relatively high, and it will be relatively deficient to compensate according to the construction cost price of the houses on collective land. For this kind of houses, the judicial interpretation of the Supreme Court clarified the minimum market price of monetary compensation, and the relocated households can take the market price of surrounding houses as the benchmark price of demolition compensation.
Fourth, the compensation standard for house demolition of property right certificate has not been determined.
Lawyer Yang of Henglue Demolition Team told the author that there is a situation that houses built before 2008, without real estate license or building permit, are usually difficult to be identified as illegal buildings in practice, and can get the same compensation as houses with certificates. Lawyer Yang of Henglue Demolition Team also specially reminds you that if you want to forcibly demolish it in the name of illegal construction, you must persist and don't be intimidated by the other party's "illegal construction"; Another kind of unlicensed prescription is that it was built after 2008 and went through the legal examination and approval procedures, which does not belong to the looting behavior stipulated in the Regulations on the Expropriation and Compensation of Houses on State-owned Land. In this case, the compensation is made at the lowest construction cost. However, if it is recognized as rushing to build, then there is no compensation or little compensation. In this case, it is necessary to hire a lawyer to check and supervise the appraisal standards.
Fifth, the compensation standard for housing demolition of special groups.
Finally, Mr. Wang, the head of Henglue lawyer team, told the author a special situation, which belongs to the special policy support of special subject compensation. There are two problems involved here, one is which group belongs to a special group, and the other is how to determine the compensation standard. First of all, special groups include super-children, rotation workers, married girls, son-in-law, etc. Compensation should be determined according to local regulations. If there are no specific local regulations, generally speaking, two principles should be followed: emphasizing the habit and legitimacy of collective economic organizations.
The above is compiled by the editor of the legal help forum according to the oral information interviewed by the famous land acquisition and demolition team of Henglve-the demolition team of Henglve lawyer. Please indicate the source for reprinting.