Law analytic: Basis " house of state-owned land main rooms collects with compensation byelaw " regulation: The compensation that to be being collected the person offers includes government of people of class of the city that makes a building collect a decision, county:
(one) the compensation of value of building be expropriationed;
(2) because collect what the building causes to remove, the compensation that finds a place for temporarily;
(3) the compensation of losing of stop production close down that because collect a building,causes.
Government of people of class of city, county ought to make allowance and promotive way, to be being collected the person gives allowance and award.
To " value of building be expropriationed " this one word, in " house of state-owned land main rooms collects evaluate method " the 11st had an idea to its analytic: Value of building be expropriationed is to show building be expropriationed reachs his to take up use is in the land inside limits to trade normally below the circumstance, have be in the push trade both sides trades with fairness the amount that means does business of one's own accord in the dot when evaluating, but take no account of building be expropriationed to rent, guaranty, close down the influence that waits for an element.
Normally for, the value of building be expropriationed is the vendibility that points to building be expropriationed, specific get the area of the building, construction of property, utility, floor area, building, new old rate and cover an area of access of area, land to wait for an element to affect, after evaluating an orgnaization lawfully by professional estate value, decide. In addition, building interior decoration decorates value to also be considered as the component of value of building be expropriationed, general by collect both sides of person, person be expropriationed to talk things over affirmatory, do not talk things over to evaluate means to try to decide into repass.
Remove compensation is to be aimed at all people be expropriationed, its limits covers a few as follows commonly: (1) move cost; (2) disassemble, remove, installation, debug building adjunct (if the adornment inside residential utility building is decorated, the production inside management utility building manages facility) charge; (3) remove cost of delay one's work of be caused by; (4) remove expenses of transportation of be caused by. Because carry out medium complexity, other maintain with remove have direct causal charge also can be brought into remove compensation limits.
Find a place for compensation applies to those who selected replacement of building property right to be collected only temporarily person. In practice, the building imposes the room of property right displacement that the branch provides, no matter be room of displacement of the room that answer change or authority of different real estate, the probability of room of by a definite date is very big. Offer those who show a house is few, this is inevitable produced to await delivery of building of property right displacement transfer period. During the word transfers, the building collects a branch to ought to be offerred to person be expropriationed temporarily building of have enough to meet need perhaps pays to find a place for cost lets his rent a building to live temporarily to person be expropriationed, specific standard is a principle with lowering life living requirement. The building collects a branch to had been offerred to person be expropriationed temporarily have enough to meet need uses a room, need not pay to find a place for temporarily again cost; Vice versa.
Compensation of loss of stop production close down uses a room in the light of management sex only (contain " live change blame " building) impose condition. About managing the cognizance of sexual utility building, general requirement has 3 requirements at the same time in practice: Firstly, the building has building right to belong to a proof to perhaps be legal structure via concerning a branch to maintain; Secondly, have lawful. Valid business patent perhaps registers card, and business charter perhaps carries on the card that register bright abode is building be expropriationed; Thirdly, conduction duty Wu is registered and already had tax payment receipt. Because each are managed individual the effect that gets its industry character, management way, be in service advantage and time benefit respect are individuation certainly, of poor dissimilation, this byelaw consults standard of computation of compensatory of loss of stop production close down the element is deadline of close down of the benefit before be being collected, stop production certainly two big projects, first by collect bilateral party to undertake negotiation deciding, do not talk things over to be able to entrust estate value evaluate an orgnaization to decide through evaluating.
Article | Beijing coronal gets attorney office
Editor | Yang Tian
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