Article introduction: Tear open change door to be evaluated to building value open to question, what kind of result can there be in practice?
1, basis " ask for filling byelaw " the 19th, the 20th regulation, the value of building be expropriationed, evaluate an orgnaization to be collected according to the building by the estate price that has corresponding aptitude evaluate method affirmatory. Estate value evaluates an orgnaization to negotiate make choice of by person be expropriationed; Those who do not talk things over, wait for means to decide through most decision, random make choice of, specific measure is made by province, municipality, municipality directly under the Central Government. In practice, most place all makes corresponding executive detailed rules. Discovery of front courtyard of principle columns of a hall gets to avoid the influence of local government, estate value evaluates an orgnaization to ought to become independent, objective, justice begins a building to collect evaluate the work, adopt a variety of methods integratedly to undertake assessment, and cannot choose the method with inferior value only, cannot undertake assessment according to apiration of local government little compensatory more.
2, evaluate should basis " rules of town land appraised price " wait for formulary spirit, evaluate an orgnaization to be on the foundation of on-the-spot survey by professional estate value, the basis is collected praedial area, the influence such as utility is collected the element of praedial value and situation of local estate market, law of law of integrated option market, earnings standard, development of cost-or-market method, hypothesis evaluate a method praedial to be being collected value undertakes assessment, reasonable and affirmatory evaluate a result, undertake compensating on this foundation.
3, basis " collect evaluate method " the 20th, the 21st, the 22nd, the building is collected the person evaluates an orgnaization to suffer to estate value entrust the building value that make to evaluate a result to disagree, ought to evaluate an orgnaization to estate value written application check is evaluated; Front courtyard of principle columns of a hall tears open change group to understand, evaluate a result to disagree to check, ought to evaluate a committee of experts to apply for appraisal to seat of building be expropriationed. Basis " collect evaluate method " the 23rd, the 24th, evaluate a committee of experts to wait for respect expert composition by estate rate division and price, estate, land, town planning, law, evaluate a committee of experts to should form expert group when select member, have identification to check result.
4, accordingly, evaluate group of expert of committee of experts regards orgnaization of appraised price of house of seat of building be expropriationed as authority of highest and professional technology, its make appraisal opinion regard a building as to be collected namely the end that the person seeks relief order inside professional domain.
5, because opinion of house appraised price is the component with compensation the mainest decision, the building is collected the person evaluates orgnaization major in estate value aid of ask for help is searched to did not win support inside the domain, not cloggy its basis " ask for filling byelaw " the 26th the 3rd regulation, decide to apply for administration to reconsider in the light of compensation directly or mention lawsuit of politics of start on a journey, and estate value evaluates orgnaization check, evaluating appraisal of committee of experts also is not person be expropriationed carry politics of start on a journey to reconsider or of administrative lawsuit before buy order. Although the court shoulds not be normally,the assessment that denies the major that has aptitude evaluates an orgnaization to be made lawfully reports, but the final sex that judicatory examines decided people court still wants to be opposite the aptitude that evaluates an orgnaization, evaluate a program to wait undertake checkup, evaluate a report in order to ensure lawful, true, effective, ensure person be expropriationed's lawful expropriation to compensate a benefit.
Front courtyard of principle columns of a hall hints you:
1, in practice, person be expropriationed often faces the condition that imposes square one-sided make choice of to evaluate an orgnaization. From afore-mentioned regulations front courtyard of principle columns of a hall understands, our country law gifted the right that person be expropriationed chooses to evaluate an orgnaization independently, establish person of the change that be torn open evaluates the active advantageous position in orgnaization process in the choice. The behavior that collects square direct assign is apparently illegimate. Person be expropriationed is OK the legal right that this one regulation upholds him, take fair and reasonable compensation thereby.
2, " house of state-owned land main rooms collects evaluate method " the 10th regulation: The dot when value of building be expropriationed is evaluated imposes the day that decides announcement for the building. Use at the dot when value of building of property right exchange is evaluated, ought to agree with the dot when value of building be expropriationed is evaluated.
3, the real value that assessment purpose is real report estate, in order to achieve the compensation of reasonable fairness, and if evaluate a report to make time longer, vicissitude of the market is bigger, cannot real report its value, person be expropriationed can ask reappraise. Person of the change that be torn open should apply for check in time to evaluating what the report disagrees, also can ask a lawyer to intervene evaluate program and participate in a negotiation.
4, evaluate a report to apply ≠ of period of efficacy to evaluate report period of efficacy. Must not in will evaluating a report " applied period of efficacy must not exceed a year since the day that issues from appraisal report " understanding is " the period of efficacy that evaluates a report is a year " . Person of the change that be torn open should be in get check of the application inside 10 days when evaluate a report. If refuse to obey to check result, can seek advice to evaluate the lawyer that has thorough research to tearing open change, take right kind, safeguard your legitimate rights and interests.
5, if report to evaluating dissatisfactory, what law approach can you adopt to safeguard oneself rights and interests?
According to our country relevant law sets, " house of state-owned land main rooms is collected evaluate method " the 19th regulation " person be expropriationed or the building collects a branch to have interrogative to evaluating a report, issue the estate value that assesses a report to evaluate an orgnaization to ought to make explanation and specification to its. " the 20th regulation " person be expropriationed or the building collects a branch to disagree to evaluating a result, ought to receive the day that evaluates a report to rise 10 days oneself inside, evaluate an orgnaization to apply for check to evaluate to estate value. Apply for check to evaluate, ought to evaluate an orgnaization to put forward written check to evaluate application to former estate value, point out the issue that evaluates report existence. " the 21st regulation " since the day that former estate value evaluates an orgnaization to ought to receive written check to evaluate application oneself review a case in which a death sentence has been passed by a lower court has to evaluating a result inside 10 days. After check, the change evaluates a result formerly, ought to issue afresh evaluate a report; Evaluate what did not change as a result, ought to written inform check to evaluate an applicant. " the 22nd regulation " person be expropriationed or the building collects a branch to evaluate the check result of the orgnaization to disagree to former estate value, ought to rise 10 days from the day that gets check result inside, evaluate a committee of experts to apply for appraisal to seat of building be expropriationed. Person be expropriationed still disagrees to compensation, according to " house of state-owned land main rooms is collected with compensation byelaw " processing of the 26th regulation. " " house of state-owned land main rooms is collected with compensation byelaw " the 26th regulation " person be expropriationed decides disaffected to compensation, can apply for administration to reconsider lawfully, also can mention lawsuit of politics of start on a journey lawfully. The lawyer tearing open change that person of the change that be torn open can ask major gets involved evaluate, both sides is taking those who evaluate an orgnaization to evaluate personnel severally, the detail that evaluates, evaluate result and compensation amount to undertake negotiation.
Attention " front courtyard of principle columns of a hall tears open change lawyer " a date, illicit letter leaves a message, can enjoy man-to-man solve.
