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How to calculate house-divided and non-house-divided demolition?
It is understood that the standards for land acquisition compensation are different in different places. In some areas, the calculation is based on the area to be demolished, and in some areas, the calculation is based on the head of the population. There will be certain standards. However, if compensation is based on the location, purpose, construction area, etc. of the land, then for the same household, whether the households are divided into different households will have little impact on the demolition compensation. If the demolition compensation costs are calculated on a per capita basis, there may be certain differences. Therefore, whether to divide households should be judged based on the demolition policy.
How is demolition compensation generally distributed?
During demolition, a demolition agreement will be signed. When the demolisher and the demolished sign a demolition compensation agreement in accordance with relevant regulations, the demolisher will pay the demolition fee within the time specified in the agreement, and then the bank will issue a compensation deposit Document, when this document is delivered to the person being demolished, the demolition compensation can be collected based on the document.
When signing a demolition agreement, be sure to ask a professional lawyer to review whether the agreement is complete, and make clear stipulations on the amount of the demolition payment, payment method, time limit, etc. The terms in the agreement should be as clear as possible to ensure that Avoid disputes between parties caused by vague agreements. Article 47 of the "Land Management Law" stipulates that compensation for demolition of farmers includes land compensation, resettlement subsidies, compensation for ground attachments and young crops. In this process, the land acquisition unit usually signs a land acquisition contract with the village committee or villager group, and pays the compensation directly to the village committee, including land compensation, resettlement subsidies, compensation for young crops and ground attachments. In practice, there is no objection to the fact that compensation fees for young crops and ground attachments are paid directly to landless farmers in accordance with Article 26 of the "Regulations for the Implementation of the Land Management Law". However, there are different disputes over the distribution of land compensation fees and resettlement subsidies. The reason for the controversy is due to a series of rural social problems such as the determination of "collective membership" in rural areas, the unequal status of men and women, and the unreasonable distribution of special subjects. Among them, the decisive influence on distribution is undoubtedly Regarding the determination of "collective membership", in practice, the determination of collective membership is generally based on household registration. However, household registration is not the only basis and should also be considered in conjunction with land rights.
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