From 2011 " house of state-owned land main rooms is collected with compensation byelaw " after coming on stage, house of state-owned land main rooms tore open change to have specific and clear law basis. However so far, house of collective land main rooms tears open change nonexistent still unified law, administrative regulations or sectional regulations give adjust.
House of collective land main rooms tears open change to be able to divide for 3 kinds of circumstances:
The first kind is when asking for the ground, the building serves as attachment to be collected together, undertook finding a place for compensating. The first kind of circumstance, by " land management method " , " matter right law " , " land management method carries out byelaw " , " impose land announcement measure " wait for legal standard to adjust, through land the attachment on and other places of compensation expenses and young crops, building compensates cost to solve a building to tear open change to compensate a problem, find a place for to personnel undertakes finding a place for or extending allowance is expended at the same time.
The 2nd kind is to collect seat of the building when the house that did not board with respect to land be expropriationed when rural collective land undertakes finding a place for compensate and be compensatinged finding a place for to already brought into town planning area. When the 2nd kind of circumstance, farmer of the ground that be asked for often can be at a loss absently, if still undertake compensating to the farmer according to the compensation standard when asking for the ground, it is to show those who break fairness undoubtedly. Accordingly, court of top 2011 people came on stage " involve case of administration of rural collective land about cognizance the regulation of a certain number of problems " regulation: "When collecting rural collective land, was not collected the building etc on land is praedial undertake finding a place for compensating, seat of the building when compensation finds a place for already brought into town planning area, land obligee requests those who carry out house of state-owned land main rooms to impose compensation standard to consult, people court should grant to support commonly, but ought to deduct the land that has acquired to compensate cost. " accordingly, when party encounters this kind of situation, the compensation standard that can request to be collected according to house of state-owned land main rooms undertakes compensating.
The 3rd kind is the character that does not change collective land, vacate after the building that tear open change retreat land to still be used at specific establishment or afforest construction. The 3rd kind of circumstance, the country did not publish rules of relevant law law plan to go specific standard, just be in the China Disciplinary Commission, censorial ministry [in discipline does hair (2011)8 date] " tear open change job to inform about adding impress land " middle finger goes out: "In " land management method " wait for legal laws and regulations to make before revising, house of collective land main rooms tears open change, should consult new promulgate " house of state-owned land main rooms is collected with compensation byelaw " spirit is carried out. " general office of department of land natural resources about cogent had made the urgent announcement that asks for the ground to tear open change management to work " (land endowment report is sent [2011]72 date) also made similar provision.
About us
Beijing comes to large attorney office is the partnership that established in December 2013 via approval of Beijing judicatory bureau makes an office. Since hold water, lai Shuobing supports the client's consummate concept, with one one's heart does his utmost to provide high grade, efficient law service for the client. In the light of ask for the ground to tear open change business, we provided professional lawyer group, group attorney all has rich experience. My place acted as agent successfully the house that Jiangxi visits building of the county austral dragon to tear open change case, Jie Mou to accuse Heibei saves some county government collects decision case and Ding Hanzhong case to wait for the many typical case that have social force, among them building of the county austral Jiangxi province dragon tears open change case to be chosen by top people court tear open change to ask for the ground 10 big case, jie Mou accuses Heibei saves building of some county government to collect a decision the case is selected 2014 drive Heibei law course 10 big case, ding Hanzhong case is the typical murder case that causes because of forced releasing, this case caused wide attention inside countrywide limits. Come large with " sincere sincerely, kindheartedness, dedicated, conscience " for the tenet, already became now in one of attorney offices that impose the ground to tear open domain of lawsuit of change, administration to enjoy high reputation.
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