■ ask for the ground to tear open change lawyer 4 have new standard: Have special skill or knowledge; Have an attitude; Have public praise; Have the milk of human kindness
■ authority of the dimension that tear open change has a way; Compensation of high specified number has clever court
Basic details of a case
On September 10, 2014, to carry out prefectural duty only education building and playground project construction, government of people of county of Shandong province peaceful ferry (government of county of the following abbreviation) make a building collect a decision, gu Mou some building is brought into collect limits. Because time is restricted in the autograph inside, fail with Gu Mou some reachs compensation agreement, on March 2, 2015, prefectural government makes peace politics room ask for filling 〔 house of main rooms of 03 state-owned land collects 2015 〕 compensation decides a book. Gu Mou some thinks its compound belongs to experience case building the one part in state-owned land use card, and did not grant to reflect in this compensation decision, mention lawsuit of politics of start on a journey.
Juridical result
Shandong saves senior people court to think via cognizance, top people court " go up about collecting state-owned land whether ought to be opposite when the building person be expropriationed gives without the clearing that register and compound compensatory replies " regulation: House of state-owned land main rooms collects compensation in, area of the compound that should enjoy party state-owned land access legally, clearing is brought into evaluate limits, according to the estate market value when collecting, give along with all the others collect compensation. Although government of the county in first trial ever advocated, the building having card of appellant all has been brought into with the building that do not have card evaluate limits, its value includes value of access of empty buy land, but via examining discovery, evaluate an orgnaization to use market law to evaluate appellant to have card building value, the card that did not involve this building carries land area element, because this does not involve appellant the value of empty buy land inside limits of state-owned land access. Experience case evaluates report department to undertake according to entrusting the requirement of the unit, it is to serve as the referenced basis that collects compensation decision, collect an unit to ought to think in the round, compensate a decision in order to make lawful, reasonable expropriation. Accordingly, building be appealinged to collects compensation to decide to be in the compensation aspect that involves appellant land value is apparently undeserved, adjudicate cancel is accused the building collects compensation decision then.
Typical meaning
" house of state-owned land main rooms is collected with compensation byelaw " regulation, right the compensation of value of building be expropriationed, day of building be expropriationed that must not collect decision announcement under the building is similar the market value of estate. Top people court adopts the form of answer, area of the compound that makes clear house of state-owned land main rooms to collect compensation to ought to enjoy party state-owned land access legally, clearing is brought into evaluate limits, give along with all the others according to estate market value collect compensation. Experience case collects compensation to decide to be being collected the building was calculated only building vendibility, the clearing area that did not hold card is brought into among them, damaged the land access that party enjoys lawfully. The typical meaning of this case depends on, the building collects compensation to ought to include a building to take up directly not only the compensation of land, also should include party to enjoy the compensation of the clearing of land access or compound lawfully, when evaluating ought to the value of mature land area, give in evaluating a result reflect.
