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Compensation standard for greenhouse demolition
The compensation and planning management of collective land demolition within the scope of urban recent construction planning must adhere to the principle of combining guidance price with evaluation price; Adhere to the principle of promoting economic development and ecological environment improvement in our city; Adhere to the principle that the legitimate rights and interests of both the masses and the project legal person are inviolable; Adhere to the principle of distinguishing between public welfare land and business land; Adhere to the principles of fairness, justice and openness.
(B) the scope of compensation for demolition
The recent urban construction planning covers Dalinzi Village, former Xinmin Village, Guanghui Village, Beiyuan Village and some Prince Xu Village in Baita District, xinglong village, Guoqing Village, Yumin Village and Taizihe Village in Wensheng District, Xu Jiatun Village, Dujia Village, Cuijia Village, Yang Jiacun Village, Dabaibai Village, Xiaobaibai Village, Wayaozi Village, Hedong Village and Xincheng Village in Hongwei District. Liaoyang Economic Development Zone is 4.7 square kilometers, and Taohua Island (community network forum) is 7. 1 square kilometer.
If it is necessary to remove buildings, structures and other attachments on the ground due to the expropriation of collective land in the above areas, the owners shall be compensated.
(three) the demolition compensation guidance price and procedures
If farmers' houses need to be demolished due to land acquisition, monetary resettlement shall be implemented. If it is really necessary to resettle houses in different places, it shall approve the construction of new homesteads or the centralized and unified construction of farmers' houses according to law.
The amount of monetary compensation for farmers' house demolition is: the permitted building area of the demolished house × the guiding price of house compensation in the demolished area. The guiding price of housing compensation is calculated according to the evaluation value of housing cost. For the part exceeding the permitted area, the compensation price shall be calculated according to the compensation standard of nursing room.
Demolition of greenhouses, greenhouses and nursing rooms should not only be compensated according to the demolition compensation guidance price, but also the actual losses. The actual loss compensation standard is based on the original price, plus the compensation coefficient of land grade and construction project use. The calculation formula is: total compensation amount = building area × demolition compensation guide price ×( 1+ land level compensation coefficient+construction project use compensation coefficient). The compensation coefficient of land grade is: 0-0. 1 for grade seven, 0. 1-0.2 for grade six, 0.2-0.3 for grade five, 0.3-0.4 for grade four and 0.4 for grade three. The compensation coefficient of land for construction projects is: municipal facilities and public welfare land 0. 1, real estate development land 0.2 and commercial land 0.3.
Compensation standard for the demolition of land for highway construction and buildings and structures on the ground: in the urban built-up area (referring to the area with complete municipal infrastructure, water supply and drainage, municipal roads, gas heating facilities and pipelines, which shall be specified by the Municipal Planning Bureau), the demolition guidance price of municipal facilities and public welfare projects determined in this document shall be implemented; Outside the built-up area, according to the Notice of the People's Government of Liaoning Province on Approving the Implementation Plan of Land Requisition and Demolition Compensation for Expressway Construction in Liaoning Province (Liao [2005] No.6), it will rise 50% within the built-up area 1 km, 40% within 1 km, and 30% within 2 km and 3 km. Trees and fruit trees shall be compensated according to the suitable number of trees per mu; If the number of suitable plants per mu is low, compensation shall be made according to the actual number of plants.
Irrigation and water conservancy facilities need local demolition, compensation should be given according to the scale and actual value of local demolition. Demolition of urban infrastructure and social welfare projects should be compensated according to the replacement price.
All kinds of plants planted after the announcement of government land acquisition, as well as all kinds of buildings and structures hastily built, will not be compensated.
The guidance price of collective land expropriation and relocation compensation within the scope of urban recent construction planning shall be regularly evaluated, adjusted and announced by the municipal land and resources management department according to the changes in market prices.
Under the supervision and guidance of the land and resources management department, the land acquisition and demolition work shall be applied by the project legal person, and the unit with the qualification of demolition shall be entrusted to implement it according to law. The relevant procedures of land acquisition and demolition shall be operated and handled with reference to the relevant provisions of the Measures for the Administration of Urban Housing Demolition in Liaoyang City (DecreeNo. 102). Liaoyang Municipal People's Government 8 1).
Before the demolition, the project legal person shall disclose the compensation and resettlement plan and standard for land acquisition and demolition. The parties to the demolition compensation shall negotiate and determine the compensation matters according to the published compensation guidance price, and sign a written demolition compensation and resettlement agreement. If negotiation fails, the parties to the demolition compensation shall entrust an appraisal institution with real estate appraisal qualification to determine the compensation price through appraisal. Disputes over compensation standards shall be settled by the people's governments at or above the township (town) level within their respective jurisdictions through coordination. If the coordination fails, the parties to the demolition compensation shall apply for an administrative ruling in writing to the competent department of land acquisition and demolition. The dispute over demolition compensation does not affect the implementation of the land acquisition plan.
(four) to strengthen the planning and management of construction projects on collective land
(1) Construction projects such as factories, office buildings, houses, livestock farms and farms within the recent urban construction planning shall go through the planning examination and approval procedures in accordance with the Measures for the Administration of Urban Planning of Liaoyang City (Decree No.49 of Liaoyang Municipal People's Government).
(two) in the recent urban construction planning, the greenhouse (excluding the ground buckle), nursing room and fish pond on the collective land shall go through the planning approval procedures according to the following procedures:
Individuals applying for construction shall apply to the village committee, and report to the township (street) government for examination after the consent of the village committee, and report to the district people's government for preliminary examination within 3 working days. After the preliminary examination, the District People's Government shall report to the Municipal Planning Bureau for approval within 3 working days.
City Planning Bureau to meet the planning requirements, within the prescribed time limit issued the "construction project planning permit", and copied to the urban management comprehensive administrative law enforcement departments, land and resources departments, agricultural departments and relevant district governments for the record, and within three working days, in conjunction with the urban management comprehensive administrative law enforcement departments for on-site alignment. After setting out and positioning, the construction can be started.
After the completion of the project, the construction individual shall apply to the Municipal Planning Bureau for planning acceptance. To meet the conditions, the Municipal Planning Bureau shall, in conjunction with the comprehensive administrative law enforcement department of urban management, give planning acceptance within 3 working days. Unauthorized use or unauthorized use without the approval of the completion planning acceptance, no compensation will be made in the process of land acquisition and demolition.
(3) Strictly control the construction of greenhouses, greenhouses, nursery houses, fish ponds and other construction projects within 50 meters of urban primary and secondary trunk roads, urban ring roads and entrances and exits, as well as collective land within the control range stipulated by highways, railways and rivers.
(4) The greenhouse should face south and extend from east to west, and the front roof should receive sunlight. The horizontal distance between the north wall of the south greenhouse and the front corner of the north greenhouse should not be less than 5m. The layout direction and spacing of greenhouses should be determined according to actual needs and production requirements, with a span of not less than 6m, a point height of not less than 1.5m and a spacing of not less than 2m. The nursing room area shall not exceed 25 square meters. Greenhouse, greenhouse construction area of less than 300 square meters, do not build a nursing room.
The district and township (town) governments and sub-district offices within the urban planning area carefully investigate the buildings, structures and other appendages built by local units and villagers, register the survey results after identification, and report the identification data and registration to the municipal planning, land resources and urban comprehensive law enforcement management departments for the record. The relevant departments shall verify the filing materials. In the future, when land acquisition and demolition are carried out on the collective land in the urban planning area, compensation will be given according to the record registration and the actual demolition registration. No compensation will be given if there are no registration materials.
(five) clear responsibilities, strengthen management, do a good job in land acquisition, demolition and planning management.
City land and resources management department is responsible for the supervision and management of collective land requisition and demolition in the urban planning area of our city. Baita District, Wensheng District, Hongwei District and taizihe district Municipal People's Government are responsible for the coordination of collective land requisition and demolition management within their respective administrative areas.
The municipal planning administrative department should strengthen the management of construction projects within the recent construction planning scope of our city, and minimize the losses of the parties involved in land acquisition and demolition.
City urban management comprehensive administrative law enforcement departments should give full play to their functions, ensure the implementation of urban planning in accordance with the provisions of the "People's Republic of China (PRC) Urban Planning Law" and other relevant laws, regulations and rules, and clean up and dismantle all kinds of buildings, structures and other attachments on collective land within the scope of recent construction planning without compensation. Illegal acts should be dealt with seriously to ensure the smooth progress of land acquisition and demolition. After the announcement of land requisition and demolition, the buildings, structures, greenhouses, greenhouses and other attachments, as well as the sudden planting and breeding behavior, should be corrected and stopped in time. Staff who hinder the normal work of land acquisition and demolition or seriously interfere with administration according to law shall be handed over to public security organs for legal treatment.
The relevant district and township (town) people's governments, sub-district offices and villagers' committees shall determine the person in charge and actively cooperate with the land acquisition and demolition work. We must stand on the height of safeguarding the vital interests of the people and maintaining social stability, and do a good job in policy propaganda and interpretation, reception of letters and visits, and handling the aftermath.
Discipline inspection and supervision departments should severely punish units and individuals who violate the implementation opinions and issue relevant certificates and other approval documents; If the circumstances are serious, causing heavy losses to public property, the interests of the state and the people, which constitutes a crime, it shall be transferred to the judicial department for criminal responsibility according to law.
(6) Others
The implementation opinions shall come into force as of the date of promulgation, and the municipal land and resources management department shall be responsible for the interpretation.
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