Compensation standard for rural house demolition in Shaanxi Province

Legal analysis: the specific amount and calculation method of relocation fee and temporary resettlement fee have generally been determined by municipalities. For details, please refer to the standards issued by various places. The compensation standards listed by the author here are calculated according to the way that the demolished people move and transition by themselves. If the demolisher provides the revolving house, there is no need to pay the temporary resettlement fee. Take Shijiazhuang as an example (self-relocation): the relocation fee of 20 12 years is 20 yuan /m2, and the resettlement fee (transition fee) is calculated according to 25 yuan /m2 in two calculations. If/kloc-is overdue within 0/2 months, it will be increased by 50% every month; if it is expected that 12 months is less than 24 months, it will be increased every month from 13 months.

Legal basis: Regulations on 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 municipal or county people's government shall make a decision on house expropriation:

(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 according to the relevant provisions of the Urban and Rural Planning Law;

(six) the needs of other public interests as prescribed by laws and administrative regulations.

"Land Management Law of the People's Republic of China" Article 47 Where land is expropriated by the state, it shall be announced and implemented by the local people's government at or above the county level after being approved in accordance with legal procedures.

Where the local people's government at or above the county level intends to apply for land expropriation, it shall carry out investigation on the current situation of the expropriated land and assess the risk of social stability, and announce the scope of expropriation, the current situation of the land, the purpose of expropriation, compensation standards, resettlement methods and social security within the township (town), village and villagers' group where the expropriated land is located for at least 30 days, and listen to the opinions of rural collective economic organizations and their members, villagers' committees and other interested parties.

If most members of the rural collective economic organizations whose land has been expropriated think that the compensation and resettlement scheme for land expropriation does not conform to the provisions of laws and regulations, the local people's governments at or above the county level shall organize a hearing and modify the scheme according to the provisions of laws and regulations and the hearing.

The owner and user of the expropriated land shall, within the time limit stipulated in the announcement, apply for compensation registration with the certificate of real estate ownership. The local people's governments at or above the county level shall organize the relevant departments to calculate and implement the relevant expenses, ensure that the full amount is in place, and sign compensation and resettlement agreements with the owners and users of the expropriated land; If it is really difficult for individuals to reach an agreement, they shall truthfully explain it when applying for land acquisition.

After the relevant preliminary work is completed, the local people's governments at or above the county level may apply for land acquisition.