Introduction: Collecting what the contradiction in the case highlights most is a building collect compensation problem, person be expropriationed feels compensation level is too low, and ask for debit to think to be collected ask a price of person all over the sky, a lot of contradiction at this point become acute, it is the one big factor that causes social unrest. Compensation is reasonable, whether does the rights and interests that matters to person be expropriationed directly get sufficient safeguard. The process is collected in the building in, evaluating a report is to collect a branch to be being collected the person has compensatory basis, the assessment of value of building be expropriationed the result is just, matter to the personal interest of person be expropriationed directly. The article, you are in bright lawyer analytic this evaluates 7 in the report " hole " , believe person be expropriationed won't be gone to by hole easily.
Estate value evaluates an orgnaization is debit of independent Yu Zheng and the tripartite main body of person be expropriationed, have the feature such as professional, scientific sex, fair sex, the assessment that issues by its reports can proper neutralization is asked for debit and be collected the congenital and different view that amount compensates between the person, law sets by indifferently the estate value that assesses aptitude accordingly evaluates an orgnaization the value that according to established assessment method fixes a building revealed fairness and justice, can effective dissolve ask for debit and the contradiction between person be expropriationed. Accordingly, when collecting a branch to make a building collect compensation to decide, the its affirmatory assessment that compensates a standard to must evaluate an orgnaization to issue according to estate reports. If evaluate a report not comprehensive or it is to evaluate far apart, meet pair of people be expropriationed cause very big loss, we talk about the common a few problems in evaluating a report below, stop in case broad person be expropriationed is in receive when evaluating a report by " hole " .
One of, whether is the commission that evaluates a report just had entrust a qualificationBasis " house of state-owned land main rooms collects evaluate method " the 6th regulation: After estate value evaluates orgnaization make choice of to perhaps decide, collect a branch to serve as client by the building commonly, evaluate an orgnaization to issue a building to collect to estate value evaluate a power of attorney, sign a building to collect with its evaluate entrust a contract. Person be expropriationed receives the in be about to differentiate client to impose compensation program for a short while affirmatory building that evaluates a report to collect a branch, whether does client possess the main body qualification that entrusts estate to evaluate an orgnaization to undertake assessment, if do not have, cannot be opposite the building of person be expropriationed undertakes assessment.
Secondly, the make choice of that evaluates an orgnaization whether regulation of be good lawThe make choice of that evaluates an orgnaization has strict legal regulation, " house of state-owned land main rooms collects evaluate method " the 4th the first section provision: "Estate value evaluates an orgnaization to negotiate make choice of inside formulary time by person be expropriationed; Do not talk things over inside formulary time, be collected a branch through the organization by the building the person is subject to according to minority most principle vote, perhaps adopt shake the random means such as date, ballot decides. Specific measure is made by province, municipality, municipality directly under the Central Government. " namely the building is collected the branch talks things over with person be expropriationed evaluate an orgnaization, by negotiate those who reach unanimous opinion to evaluate an orgnaization to undertake assessment; Do not talk things over, it is OK that the building collects a branch voting kind is taken in the orgnaization that announce, the price of estate of most opinion make choice of that carries generation evaluates an orgnaization; Cannot form most opinion through voting means, repass shakes the random means such as date, ballot decides. After evaluating an orgnaization certainly, the building ought to collect a branch in the building give inside limits announcement. If not be,pass afore-mentioned program make choice of evaluate an orgnaization, person be expropriationed is not to approbate those who evaluate an orgnaization to have the competence that evaluates its building.
Thirdly, evaluate orgnaization and whether to evaluate personnel to have corresponding assessment aptitude?" urban estate administers a law " thirtieth 4 the first section provision: "The country executes estate value to evaluate a system. " cent of grade of aptitude of estate rate orgnaization is one, 2, 3 class. Fiftieth 9: "The country executes estate value to evaluate personnel seniority certification system. " basis " estate rate orgnaization evaluates method " the 24th: "Be engaged in the orgnaization of estate rate activity, ought to obtain aptitude of estate rate orgnaization lawfully, pursue value business inside limits of license of its aptitude grade. " if evaluate,the orgnaization is mixed evaluate division not to have corresponding aptitude, the assessment that its make reports to be being collected the person also is invalid.
Its 4, whether to evaluate an orgnaization to sign with estate value entrust a contract" house of state-owned land main rooms is collected evaluate method " the 6th regulation; "After estate value evaluates orgnaization make choice of to perhaps decide, collect a branch to serve as client by the building commonly, evaluate an orgnaization to issue a building to collect to estate value evaluate a power of attorney, sign a building to collect with its evaluate entrust a contract. The building is collected evaluate a power of attorney to ought to carry bright the name of client, name that precatory estate value evaluates an orgnaization, evaluate a purpose, evaluate target range, evaluate requirement and entrust the content such as date. The building is collected evaluate a power of attorney to ought to carry bright the name of client, name that precatory estate value evaluates an orgnaization, evaluate a purpose, evaluate target range, evaluate requirement and entrust the content such as date..
Its 5, whether to have on-the-spot prospect to the building that is evaluatedEvaluating an essential condition and data get through on-the-spot survey, the imagination comes out or pure basis does not collect the investigation that just offers to register result computation to come out. Basis " house of state-owned land main rooms collects evaluate method " dozenth a the first regulation: Estate value evaluates an orgnaization to ought to be arranged register estate rate division to be opposite building be expropriationed has on-the-spot prospect, investigate condition of building be expropriationed, film report is collected the video data such as the photograph of state of affairs of department of building inside and outside, had made on-the-spot survey record, and appropriate is custodial. So, estate value evaluates an orgnaization to want to go not only the specific area that the building collects a branch to check building be expropriationed, go be being collected even building seat undertakes realistic prospect measure. If the building is registered the area that area and realistic prospect reach is abhorrent, should define the area of building be expropriationed with be helpful for the principle of person be expropriationed. And fail to be decorated with respect to adornment in person be expropriationed value and ask for debit to negotiate consistent circumstance to fall, evaluate an orgnaization to give out at this point even evaluate a result.
Its 6, evaluate a method objectiveThe house majority on state-owned land can deal into city, the value of building be expropriationed compares a law to undertake assessment according to the market do not have a problem. General, undertake assessment be meetinged choosing a few kinds of methods integratedly to the building, but in if be collected what the person receives to evaluate,reporting, to oneself the assessment of the building just was chosen " cost approachs a way " undertake assessment, cannot be opposite apparently building be expropriationed makes comprehensive and objective appraise cost, can harm the interest of person be expropriationed badly. Register appraisal division ought to the basis assesses object and situation of local estate market, wait to law of development of market law, earnings standard, cost-or-market method, hypothesis after evaluating a method to undertake applicability is analysed, choose among them one plant or a variety of methods are right value of building be expropriationed undertakes assessment. Value of building be expropriationed evaluates the area that ought to consider building be expropriationed, construction of utility, building, new old rate, floor area and cover an area of access of area, land to wait for the factor that affects value of building be expropriationed.
Its 7, whether real pay evaluates a report" house of state-owned land main rooms collects evaluate method " the 16th regulation: Estate value evaluates an orgnaization to ought to impose the agreement that evaluates a power of attorney to perhaps entrust a contract according to the building, what collect a branch to offer cent door to the building is preliminary evaluate a result.
The building collects a branch ought to will of cent door preliminary evaluate a result to be in be collected limits introversion the person is common show.
Disagree to evaluating a result, ought to be in receive evaluate a report 10 days inside, to evaluate an orgnaization to apply for check; Disagree to check result, ought to be in get check result 10 days inside, apply for appraisal to the committee of experts. The time that can apply for to relieve special short, scarcely of person be expropriationed can be missed easily.
Evaluating a report is the basis that the executive authority makes compensation decide and foundation, if evaluate a report not lawfully service is collected person, the right that can bring about person be expropriationed to apply for check and appraisal of committee of experts cannot come true, make compensation decides itself loses lawful sex base thereby. " method " the 22nd regulation, person be expropriationed is right seat of building be expropriationed evaluates the appraisal of the committee of experts to still disagree, according to " house of state-owned land main rooms is collected with compensation byelaw " the 26th the 3rd regulation processing, be collected namely the person decides disaffected to compensation, can apply for administration to reconsider lawfully, also can mention lawsuit of politics of start on a journey lawfully. Legal laws and regulations gifted person be expropriationed a series of relief right, if be collected,the person cannot learn evaluate a report, be equal to undoubtedly stripped person be expropriationed is afore-mentioned relief right.
Want to hint everybody's is in bright lawyer, person be expropriationed is evaluated in what face a building when value is too low, ought to examine the exists possibly issue in evaluating a report, the legitimate rights and interests that avoids oneself is received damage. In view of broad person be expropriationed's not familiar and professional law problem and the technical issue in evaluating, if evaluate,appear in the report afore-mentioned mentioning a few " hole " , in receive those who evaluate a report should consult a lawyer in time for a short while, mention corresponding program, lest right of first-rate of incur loss through delay relieves an opportunity, the compensation that gives oneself is caused cannot counter the impact that turn.