More than 1000 households were requisitioned.
There must be a government executive meeting to determine.
The reporter learned that this edition of Nanjing Expropriation and Compensation put forward the concept of "public interest". On the premise of public interest, this method was adopted for the houses of units and individuals on the state-owned land in Xuanwu, Baixia, Qinhuai, Jianye, Gulou, Xiaguan, Yuhuatai and Qixia districts of Nanjing.
The Measures stipulate that if the expropriation involves more than 1.000 households, it shall be decided by the executive meeting of the government that made the expropriation decision. The district housing levy department determined by the district government is responsible for organizing the housing survey and registration within the scope of collection and publishing the results; Draw up a compensation plan for expropriation; Organize to solicit opinions (hearing) and announce the compensation plan; Sign a compensation agreement with the expropriated person; The establishment of housing expropriation compensation files and other work. City and district housing levy departments may entrust the housing levy implementation unit to undertake the specific affairs of levy and compensation. So how to implement Jiangning District, Pukou District, Liuhe District, Lishui County and Gaochun County? The reporter learned that these districts and counties can refer to the "Measures" to formulate measures for housing expropriation and compensation within their respective jurisdictions. The measures will take effect on June 20 12 1 day. Before the implementation of these measures, the projects that have obtained the house demolition permit according to law shall continue to be handled in accordance with the original provisions, but the government shall not instruct the relevant departments to forcibly dismantle them.
"Old City Reconstruction"
More than half of the people are against holding a hearing.
How to satisfy ordinary citizens' right to know in the process of demolition? The "Measures" stipulate that the Nanjing Municipality and the district government shall publicly solicit opinions on the demonstrated compensation scheme within the scope of collection. The time for soliciting opinions shall not be less than 30 days.
There are many old cities in Nanjing, and there are many "house expropriation" in the transformation of the old cities. The reporter saw that the method also stipulated the transformation of the old city, and proposed that "the old city reconstruction project will levy houses, and the compensation plan will solicit the opinions of the expropriated people within the scope of house expropriation."
And what if residents strongly oppose the transformation of the old city? The measures stipulate that more than half of the expropriated people have objections to the compensation scheme. The municipal and district governments shall organize a hearing attended by the expropriated person, deputies to the National People's Congress and CPPCC members, and modify the scheme according to the hearing.
"Actively cooperate and reward"
Written into the law must be honored.
How much compensation can be obtained in the end, which is also the most concerned by the demolished citizens. In the previous demolition, "how much to move early and reward tens of thousands" has always been implemented as a work measure, and in the "Measures" issued by Nanjing this time, "active cooperation reward" has also been written into the law.
In addition, the "Measures" stipulate that the compensation for expropriation mainly includes three parts: compensation for housing value; Relocation compensation and temporary resettlement caused by the expropriation of houses; Compensation for losses caused by expropriation of houses. Relocation subsidies and incentive standards shall be formulated separately by the Nanjing Housing Expropriation Department in conjunction with relevant departments, and implemented after being approved by the municipal government.
In addition, if the expropriated person wants a house instead of money. The "Measures" also stipulate that the construction area of houses subject to property rights exchange shall not be lower than the construction area of houses to be expropriated. Once you choose to "want a house", the temporary resettlement period is calculated from the date of delivery of your own house. The exchange room is multi-storey, and the temporary placement generally does not exceed 24 months. If the house is changed into a high-rise building, the temporary placement shall generally not exceed 36 months. If the house expropriation department fails to fulfill the agreement, it will double the temporary resettlement subsidy from the overdue month.
At the same time, it also stipulates that if the expropriated person buys back the house, the part of the price equivalent to the amount of monetary compensation shall be exempted from deed tax.
Can't "administrative compulsory demolition"
Demolition must be "executed by the court"
"Forced demolition" is a "heart disease" for citizens and even local governments in recent years. In the past practice, some local governments could demolish their houses by administrative orders, which harmed the legitimate rights and interests of ordinary people. In recent years, the documents issued by the state and the province also stipulate that it must be "executed by the court" rather than "administrative compulsory demolition".
The measures introduced this time have detailed procedures for "forced demolition". If the compensation agreement cannot be reached within the time limit, or the owner of the house to be expropriated is unknown, the house expropriation department shall report to the government that made the expropriation decision to make a compensation decision, and make an announcement within the scope of house expropriation. The contents of the announcement include: the basic situation of the expropriated house, the compensation method, the amount of compensation subsidies, the relocation period, administrative reconsideration and administrative litigation rights. Among them, the relocation period shall not be less than 15 days.
Once the expropriated person or house user does not move within the time limit stipulated in the compensation decision, and fails to apply for administrative reconsideration or bring an administrative lawsuit within the legal time limit, the government that made the expropriation decision shall apply to the people's court for compulsory execution according to law.