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Collective Land In Xuzhou Housing Compensation Measures

Original Language Title: 徐州市征收集体土地房屋补偿办法

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  First in order to standardize the collective land compensation act, protect legal rights of house owners, in accordance with the land administration law, the Jiangsu provincial land management Ordinance and other laws, regulations, combined with the city's actual, these measures are formulated.

Article in Xuzhou urban area (Copper Mountain, except in jiawang district) within the collective land compensation and resettlement (hereinafter referred to as compensation for land acquisition and housing), these measures shall apply.

To be expropriated is mentioned in these measures refers to the collective land ownership people.

Article city, land acquisition and housing, land and resources administrative departments in charge of the management of the compensation works.

City and district governments established or designated housing expropriation and compensation authority (hereinafter referred to as collection agencies) specifically responsible for the implementation of land expropriation compensation and work.

Other agency of the Government, neighborhood offices, home ownership (village) committees should be based on their respective responsibilities, to help and assist in land acquisition and compensation work.

Fourth construction project within the existing houses on the land and houses on State-owned land, land and resource management and is imposed by the State-owned land on the housing sector should coordinate, communicate, expropriation and compensation work collected by the local agency-specific implementation. Fifth of land expropriation compensation should first compensation, then removal.

Collection agency shall, in accordance with the regulations, to be expropriated, compensation and rehousing; signing of the expropriated person shall, within the prescribed deadlines to sign, and in accordance with the agreement to relocate.

Article sixth expropriation compensation should be paid, account stores, earmarking.

Article seventh land programme before approval, land and resource management department or its authorized institutions should conduct a risk assessment in accordance with the relevant provisions. Eighth article planning competent sector approved with to range Hou, levy institutions should timely to was land rural collective organization and villagers announced intends land told book, and notification related sector suspended handle following matters: (a) new, and alterations, and expansion housing, change housing, and land uses; (ii) housing of sale, and Exchange, and analysis produced, and gift, and rental, and mortgage, procedures; (three) account of moved, and points households; (four) to was levy housing for residence or business places business registered registration procedures; (five) legal, and

Other matters prescribed by regulation. Matters related to the suspension period not exceeding 12 months.

Due to special circumstances require extended, municipal land and resource management to determine the appropriate extension, extension of no more than six months at a time.

Suspended term within, handle this article first paragraph by column matters of, compensation placed Shi not finds; for was born, and marriage and complex back soldiers, and retired personnel, and big secondary college students and the penalty full release personnel back origin does needed handle account moved and meet household management provides of, can handle account moved procedures, handle account moved procedures Hou, police organ should timely copy told levy institutions.

Nineth imposing institution within the scope of the proposed land acquisition should be related to housing and other buildings (structures) surveys the current situation ownership, type, number, and will be published findings in the context of proposed land acquisition.

After the tenth programme of land approved by the law, at the seat of the land expropriated by the City Government announced.

Landless rural collective economic organizations, village or other right holder shall within the period specified in the land programme, land and housing ownership certificates, household registration certificate registration procedures for compensation and other related materials.

11th value relating to housing in the context of land expropriation, by a qualified real estate prices assessment agencies assessed.

Land and resource management authorities should announce the list of rating agencies across the land, are levied by the people themselves selected; not selected in consultation within the prescribed time limit, determined by the levy organization based on balloting and the notary.

12th collection agencies on the basis of an approved land programmes and land acquisition and housing surveys, develop compensation for land acquisition and housing programme, submitted to the municipal land and resource management Department.

13th article land housing compensation programme should including following content: (a) compensation range and implementation time; (ii) compensation placed way; (three) land range within housing of ownership, and uses, and area; (four) various compensation, and grants, and award of standard; (five) signed term, and transition way and transition term, and relocation term and ahead of relocation award term; (six) placed room of number, and locations, and area, and settlement standard,; (seven) compensation placed funds proved; (eight) other need clear of content. Article 14th after land requisition compensation plan approved by the municipal government, municipal land and resource management Department should, together with the land requisition compensation and resettlement programme, in requisitioned houses located village, groups, and the subdistrict office location shall be published, for comment, informed comment, place.

Notice period shall not be less than 30th.

15th to be expropriated for land acquisition and compensation programmes call for hearings to have different opinions, shall, on the requisition of houses within ten working days from the date of the announcement of the compensation package of land and resource management Department in writing.

Be subject to requests for hearings, administration of land and resources hearing shall be in accordance with the regulations.

16th section land expropriation compensation required modifications, shall be approved in accordance with relevant laws, regulations and changes to the land programme; municipal land and resource management Department land acquisition compensation scheme should be revised together with the comments and the adoption of conditions, related hearing, submitted to the municipal people's Government after the release.

Land acquisition and compensation programme implemented by the collection agency-specific organizations.

Section 17th are levied in accordance with the legitimate area of land requisition compensation and resettlement of houses. Legitimate area of residential housing is not over the Homestead area control standard, and township (town) people's Government or the administration of land, planning and building authorities approved the building area.

Only Homestead card or residents building with to license, no housing ownership card of, by following method finds legal area: (a) housing actual area is less than Homestead card or residents building with to license area 1.4 times times of, by actual area finds; (ii) housing actual area is greater than Homestead card or residents building with to license area 1.4 times times of, by Homestead card or residents building with to license area 1.4 times times finds;

(C) actual area exceeds the Homestead housing certificate or land permit area of 1.4 times times the part not found.

Legitimate area of non-residential housing refers to land, planning and building floor area approved by the administrative departments.

18th illegal construction, exceeding the permitted time limit of temporary buildings, as well as of the proposed land acquisition notice after the publication of unauthorized housing and ground fixtures new construction, renovation or expansion of parts, no compensation and resettlement.

Article 19th residential land housing, monetary compensation or property rights Exchange places.

Imposed on people choose monetary compensation, by rating agencies to evaluate expropriated houses and compensated according to their assessed value.

Expropriated choice property rights Exchange housed, their resettlement area placement according to the determined by the law of the land acquisition and building construction, and according to the State-owned housing on land expropriation and compensation methods of clearing and settlement.

Article 20th land acquisition and housing for non-residential, according to the assessed price to pay monetary compensation.

Resulting from the collection of business, production, a one-time comprehensive benefits, compensation not exceeding 10% per cent of assessed.

Resulting from the collection of large equipment needs to be migrated, migration costs according to the evaluation price. 21st residential to non-residential use, references on State-owned land "doubt" provisions.

Residential room rental (borrowed) for other non-residential use, shall be identified as residential premises, the tenant (borrowing) is not of rehousing and compensation.

22nd land housing one of the following circumstances, collection agency shall handle the preservation of evidence: (a) housing with mortgage in accordance with law, (ii) have a dispute over property rights or right to housing, and (iii) property missing House; (d) the shared property of the owner is unable to reach consensus, (v) preservation of evidence necessary for the Housing Authority in accordance with law.

Article 23rd in land acquisition and compensation schemes for housing within the contract term, collection agencies and is levied shall, in accordance with the regulations and approved compensation for land acquisition and housing programmes, placement and other matters signed on compensation of land requisition compensation and resettlement agreement and report to the management of land and resources department.

Relocation of the 24th to be expropriated within the prescribed period the deadline should be given appropriate relocation incentives, and by order of priority housing to make room.

Collection agencies should be clear in the compensation agreement existing places and faster placement of the transition period, providing transitional housing, or provide transitional housing, but issued a temporary transitional fee, by the expropriated persons themselves transitional space; and are levied in accordance with the legitimate area for housing to move fees.

Interim criteria for fees, moving fees and calculation methods, the municipal people's Government. Article 25th compensation dispute, coordinated by the district people's Government.

Land compensation dispute did not affect programmes and land requisition compensation and the implementation of the programme.

Article 26th be expropriated during the term of land requisition compensation and relocation of the programmes is not moving,, land and resource management according to law, shall be reported by collection agencies is imposed by the order to hand over land expropriated people refusing to hand over land, apply to a court for mandatory enforcement according to law.

27th article hinder the land requisition compensation and staff duties, insults, beatings of land requisition compensation and staff, by the public security organs in accordance with the law on administrative penalties for public security penalty constitutes a crime, criminal responsibility shall be investigated by judicial organs.

28th land requisition compensation and dereliction of duty, abuse of power, favoritism, and shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated by judicial organs.

Article 29th medium and large water conservancy and hydropower project construction and coal mining subsidence compensation for land acquisition and housing placement, in accordance with the relevant provisions of national and provincial executive.

Article 30th in each County (City), Copper Mountain and jiawang district can refer to these measures. 31st article this way come into force on January 1, 2017. As of July 1, 2004 the requisition of collective land expropriation and regulation in Xuzhou City (municipalities 98th) repealed simultaneously.