For the angle from law, tear open change to often be contained mandatory, person of the change that be torn open stops the process that tears open change feebly. What we can do is end the compensation tearing open change that all lawful, logical way strive for satisfaction. No less than is small make up what mention all the time, the compensation that tear open change is we are torn open the focus that change person pays close attention to. Article is little make up take everybody to look, how to judge the compensation that tear open change lawful.
Amount of fund of the compensation that tear open change suffers a lot of elements to affect. District is different, amount of the compensatory that tear open change is different also. Even if is same area, the amount of fund of the compensation that tear open change also can have difference. The influence tears open change compensatory element to basically have the following kinds: The area of building of the change that be torn open, qualitative, structure waits material a moment. Notable is, specific compensation standard is not unite by the country make, however each places combine local actual condition to make according to national level. The compensation tearing open change that sees oneself is reasonable, can consult the following 3 standards:
One, whether to consult the market price of circumjacent and similar estate
When no matter be the building on the building on state-owned land or collective land,tearing open change, can choose property right exchanges or the money is compensated. To the building on state-owned land, choose property right to exchange, lowermost standard is to tear open return one. Choose monetary compensatory, day of building be expropriationed that must not collect decision announcement under the building is similar the market value of estate. Specific market price by what have corresponding aptitude estate value evaluates an orgnaization to be collected according to the building evaluate method affirmatory.
The building of collective land tears open change compensation to be able to consult state-owned land will execute. The monetary compensation of collective land building is not gotten under land area valence + building replacement becomes new price, to including the country of town planning area the building, standard of the compensation that tear open change can join the market price that reflects circumjacent and similar building to compensate. Had turned into to land property state-owned land, but have not undertake change is compensated tearing open, building place a sector of an area has delimited the building that enters town planning area, ought to house of state-owned land main rooms collects according to compensation standard undertakes compensating finding a place for.
2, whether to abide by " compensate first, remove after " principle
"Compensate first, remove after " be " house of state-owned land main rooms is collected with compensation byelaw " a principle that sets clearly, the compensation tearing open change of collective land also ought to consult this principle. "Compensate first, remove after " be when pointing to a government to undertake tearing open change in the need for public interest, must obtain person of the change that be torn open first agree, after offerring person of the change that be torn open compensation, just can carry out tear open change.
In practice, to push the plan that tear open change, tear open the condition that change just did not sign compensation to find a place for agreement, compensation does not reach the designated position in person of the change that be torn open to fall, adopt all sorts of methods force person of the change that be torn open to hand over land and building. This nots agree with lawful law provision, also enroach on the legitimate rights and interests of person of the change that be torn open.
3, whether to lower living standard
" land management method " : of 47 the 6th regulation? Make forge of Ц of ㄖ of Suo of grave of Wan of of to joke of Xi of the blame that strap felt smooth with a rake to love die young to hook appearance of storehouse of シ detain bucket to blame Cang Mei of of Ping of cut of Cong of barren of coerce of bewildered ┟ addiction does of bracelet of of orangutan of 3 heart fall ⒅ of of kiss of calamity of ⒆ of of modular ?
" land management method " : of 47 the 7th regulation? ?
From the point of afore-mentioned legislative intention, impose the living standard that change must not lower person of the change that be asked for. Be versed in big country is torn open especially change person, a lot of lives live in for generations ancestor curtilage inside, with farming make a living. Asked for change to change original life pattern completely probably. Below this kind of circumstance, should stand fast more " ensure standard of living does not reduce person of the change that be asked for " bottom line.
Above judges a few standards with whether reasonable fund of oneself the compensation that tear open change namely. The money of the compensation that tear open change that person of the change that be torn open can take afore-mentioned standards to compare pair of oneself is reasonable, can coach accordingly below the circumstance with unreasonable discovery negotiation. Can arranging compensation fund through negotiating of course is best. Tearing open change square attitude is tough, cannot reach consistent circumstance to fall, ought to reject to sign on compensation agreement above all, adopt legal approach dimension to counterpoise as soon as possible at the same time.
