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What is the compensation standard for urban village reconstruction and demolition?

The transformation of urban villages is a policy advocated by the government in recent years to improve urban functions and improve the urban environment, which is beneficial to the country and the people. Its demolition is related to the expropriation and demolition of houses on state-owned land and the expropriation and demolition of rural collective land. essential difference. Urban village reconstruction and demolition is a tripartite combination of government advocacy, developer investment, and villagers' independent demolition. The main body of demolition is the independent demolition of village collective organizations. The expropriation and demolition of state-owned land and the expropriation and demolition of rural collective land are demolitions carried out in the name of the government, and the subjects of the demolition are essentially different. Compensation projects for reconstruction and demolition of urban villages vary from village to village, with one policy per village. Each urban village will determine the compensation plan through discussion and approval at the villagers' congress or villagers' assembly based on its own conditions and economic status. But generally speaking, it can be divided into the following projects: 1. Replacing a 300-square-meter high-rise residential building in the same area with a homestead: This is the compensation method advocated and decided by the Shijiazhuang Municipal Government. This is the bottom line and cannot be lower than this standard. Of course, each village basically follows this standard, and some villages will even increase the compensation standard, such as giving an apartment area of ??less than 300 square meters to villagers in the collective organization. 2. Temporary resettlement fee and relocation fee: Temporary resettlement fee is calculated at 15 yuan/square meter, and relocation fee is calculated at 10 yuan/square meter, calculated twice; this is the standard as of 2011. However, the recent expropriation and demolition of state-owned land has increased these two amounts. Compensation for urban village renovation will presumably be increased accordingly with reference to this standard. 3. Compensation and decoration for above-ground houses: There are no clear and specific standards for reference. It is generally evaluated and determined by the evaluation agency. Of course, the evaluation agency has specific evaluation standards. Compensation for interior decoration is basically similar. 4. Losses due to suspension of production and business: This expense is mainly for compensation for operating houses, such as compensation for losses during the suspension period of door curtains along the street, enterprises or companies in urban villages, and is generally determined through negotiation or evaluation. 5. Demolition rewards: Each village sets the reward standards for each village and cannot be unified. 6. Electrical appliance relocation fee: Compensation is generally based on market price. Current household appliance relocation fee: 200 yuan for an air conditioner; 150 yuan for a cable TV; 88 yuan for a telephone; 100 yuan for a water heater, etc. If the market price increases during demolition, the compensation will be increased accordingly. 7. Other compensation or subsidies: Each village will make additional payments and compensation fees to needy households based on the above standards or with reference to the above standards. This is mainly determined by the village collective organization through the compensation plan and varies from village to village. Article 22 of the "Urban House Demolition Management Regulations" The demolisher shall compensate the demolished persons in accordance with the provisions of these regulations. No compensation will be given for the demolition of illegal buildings and temporary buildings that have exceeded the approved period; appropriate compensation should be given for the demolition of temporary buildings that have not exceeded the approved period. Article 31 The demolisher shall pay relocation subsidies to the demolished persons or house lessees. During the transition period, if the demolished person or the house lessee arranges his own residence, the demolisher shall pay the temporary resettlement subsidy; if the demolished person or the house lessee uses the swing house provided by the demolisher, the demolisher shall not pay the temporary resettlement subsidy. . The standards for relocation subsidies and temporary resettlement subsidies shall be stipulated by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government. In summary, due to the implementation of "one village, one policy" in urban village reconstruction, the compensation items for each village may not necessarily be compensated according to the above items. The main reason is that the economic development status of each village is different. The author mainly makes a brief description with reference to most of the compensation projects for urban village reconstruction. However, conflicts over the renovation and demolition of urban villages have been intensifying recently. The reason is that the disparity in compensation for demolition between villages is large, causing great public anger. To this end, the author suggests that a reasonable compensation plan should be formulated comprehensively based on the national implementation of "same price, same location", which varies from village to village. There should be no large disparities between villages, let alone comparisons with each other. There are online lawyers. If you have any questions, you are welcome to consult at any time. Article 47 of the Land Management Law: Where land is expropriated, compensation shall be provided according to the original purpose of the expropriated land. Compensation fees for farmland acquisition include land compensation fees, resettlement subsidies, and compensation fees for ground attachments and young crops. The land compensation fee for the expropriation of cultivated land shall be six to ten times the average annual output value of the three years before the expropriation of the cultivated land. The resettlement subsidy for cultivated land acquisition shall be calculated based on the number of agricultural population to be resettled. The number of agricultural population to be resettled is calculated by dividing the amount of expropriated cultivated land by the average amount of cultivated land per person of the expropriated unit before land acquisition. The resettlement subsidy standard for each agricultural population that needs to be resettled is four to six times the average annual output value of the three years before the farmland is expropriated. However, the resettlement subsidy for each hectare of expropriated cultivated land shall not exceed fifteen times the average annual output value of the three years preceding the expropriation. The standards of land compensation fees and resettlement subsidies for the acquisition of other land shall be stipulated by the provinces, autonomous regions, and municipalities with reference to the standards of land compensation fees and resettlement subsidies for the acquisition of cultivated land. The compensation standards for attachments and young crops on the expropriated land shall be stipulated by the provinces, autonomous regions and municipalities directly under the Central Government. When expropriating vegetable plots in urban suburbs, the land-using unit shall pay a fund for the development and construction of new vegetable plots in accordance with relevant national regulations. If the payment of land compensation fees and resettlement subsidies in accordance with the provisions of paragraph 2 of this article cannot enable the farmers who need to be resettled to maintain their original living standards, the resettlement subsidies may be increased with the approval of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government. However, the total of land compensation and resettlement subsidies shall not exceed thirty times the average annual output value of the three years before the land is expropriated. Based on the level of social and economic development, the State Council may, under special circumstances, increase the standards of land compensation fees and resettlement subsidies for cultivated land acquisition.