20 1 1 How much is the compensation per mu for rural land acquisition? How to compensate for the demolition of rural factories? go off into

As a lessee, the business premises of an enterprise are generally obtained through leasing. Leased land is divided into leased state-owned land and leased collective land. The demolition of enterprises will inevitably lead to the termination of this lease relationship, so how to protect the expected interests of enterprises in the lease contract? According to the demolition laws and regulations, the object of compensation for demolition is the buildings and appendages on state-owned land, but there is no uniform provision for compensation for open space or clean land in the demolition laws and regulations. The Detailed Rules for Evaluation and Compensation of Non-residential House Demolition in China 20 10 Shanghai World Expo Park clearly states that the benchmark price of land use right compensation is determined according to the principles of market evaluation, comprehensive balance and government pricing: Pudong area1130,000 yuan/mu, and Puxi area1200-300,000 yuan/mu. This is the first time that Shanghai has defined the compensation method of land use rights in the form of policy documents.

In other places, the compensation for land demolition is often calculated together with the compensation for houses and buildings, and there are a lot of unclear and opaque situations, which leads to the obligee being unable to obtain the corresponding reasonable compensation. At the same time, this is also the place that our legislature and administrative organs should protect when formulating laws, regulations and policy documents. I hope the relevant departments can pay attention to it.

2, housing, building compensation

The compensation for houses and buildings shall be based on the construction area registered in the relevant property right certificate. Due to historical reasons, it is impossible to apply for real estate license and land certificate, which can be determined by actual measurement. The value of houses and buildings is generally determined by the demolisher and the demolished person by entrusting an appraisal company to determine the actual value of houses and buildings according to the relevant appraisal technical standards. If it is lower than the minimum compensation unit price standard for urban house demolition in Shanghai, it shall be calculated according to the minimum compensation unit price standard. And according to the relevant compensation standards in Shanghai, calculate the actual compensation costs of houses and buildings.

3. The equipment is reset to the new price.

The Regulations on the Management of Urban House Demolition stipulates that the cost of equipment relocation and installation shall be calculated according to the freight transportation price and equipment installation price stipulated by the state and local governments. Machinery and equipment are divided into two categories: one is detachable equipment; Second, the equipment can't move; Losses caused by disassembly of detachable equipment can be divided into physical losses and functional losses. The physical loss expenses include dismantling expenses, transportation expenses, installation expenses and debugging expenses. The cost of function loss includes the decrease of machine precision and the increase of unqualified products caused by relocation. For non-detachable equipment, dismantling will lead to the scrapping of the equipment, so we should calculate the replacement price of the equipment in combination with its new and replacement price and compensate everyone.

In the actual operation of demolition, the equipment relocation and installation cost of demolition of non-residential houses is calculated according to the construction area of formal houses to be demolished per square meter of 25 yuan; Equipment that cannot be restored to use shall be compensated according to the replacement price of the equipment.

(2) Compensation for demolition expenses

1, loss of production or business suspension

Article 33 of the Regulations on the Management of Urban Housing Demolition stipulates that if the demolition of non-residential houses causes the suspension of production and business, the demolition person may give appropriate compensation. As for the standard of "appropriateness", what is "appropriateness", its calculation basis and method, and under what circumstances "compensation can be made" and under what circumstances "compensation can not be made", there is no uniform provision in this Ordinance, and there are no provisions in other laws and administrative regulations. In legal practice, the standards and basis of compensation are often stipulated by municipal local governments in policy documents. It is a pity that the compensation standards and calculation methods are different in different places. It is hoped that the relevant departments can pay attention to it and make more clear and clear provisions on the loss of production and business suspension, so as to promote fairness and justice in the process of demolition.

Shanghai adopts the method of "housing area calculation", which is calculated according to the standard that the building area of urban houses to be demolished is 300-400 yuan per square meter and houses on collective land are 150-350 yuan, and the specific amount is determined by the demolition parties through consultation. Although this calculation method is simple and clear, it simply limits the loss of production and business suspension to 300-400 yuan, regardless of the operation, operation and geographical location of the factory, which is also a calculation method lacking fairness and justice. We believe that the loss of production and business suspension should be assessed and determined by the assessment agency. Only by evaluating the business nature, business, operating conditions and profitability of an enterprise can fairness be guaranteed.

2, equipment relocation and installation costs

For the equipment that can be relocated, it should be relocated, installed and put into use in different places on the principle of continuous utilization. Accordingly, the cost of equipment relocation and installation is an inevitable loss caused by demolition, and the demolition person should compensate it. In the Detailed Rules for Evaluation and Compensation of Demolition of Non-residential Houses in China 20 10 Shanghai World Expo Park, it is also clear that "when demolishing non-residential houses, the demolisher shall also compensate the demolished person or lessee for the following expenses: (1) the compensation method for equipment relocation and installation expenses calculated according to the freight price and equipment installation price stipulated by the state and this municipality". Specifically, the amount of compensation for equipment relocation and installation fees is determined by the demolition, demolition or lessee through negotiation on the freight price and equipment installation fees determined according to the Shanghai guidance price. If negotiation fails, a professional appraisal company may be entrusted for appraisal and determination.

3. Resettlement compensation expenses for dismissed employees.

There is no detailed provision in the laws, regulations and policy documents on the compensation expenses for the employees who have been dismissed due to demolition, which belongs to the project that the demolition parties strive for through consultation. If the demolition leads to the dismissal of employees, compensation shall be given according to the specific labor contract with employees and the relevant provisions of the Labor Law.

(three) incentive fees based on the demolition policy

In the process of demolition, in order to speed up the demolition progress, the demolition often adopts the way of quick relocation reward, encouraging the demolition and lessee to sign the demolition compensation agreement as soon as possible and move out of the demolition scope. The amount of incentive fee shall be determined by the demolisher according to the actual demolition situation, and may also be determined by the demolisher, the demolished person and the actual lessee through consultation. It should be noted that if the owner and user of the demolished factory are separated, the incentive fee should be paid to the lessee who actually uses the demolished factory, which has been stipulated in the policy document and is reasonable.

How to compensate for the demolition:

[Label: Demolition]

My home is in Youxian District, Mianyang. My family has a sawmill, covering an area of 100 square meter. Business is good. It needs to be dismantled. How can this change be compensated, and we will lose our jobs? How to deal with economic losses, thank you! !

Conquer answer: 1 popularity: 1 1 solution time: 2009-05-22 15: 14.

Satisfied answer

Positive rate: 0%

For reference only, the standards vary from place to place, please ask the local government.

Measures for compensation for demolition of factories, warehouses and supporting houses

(a) the demolition of factories, warehouses and supporting houses will no longer be resettled, and legal buildings will be compensated according to the replacement price (Table 2). If there is a whole building in the factory as an office or dormitory, the compensation replacement price will be increased by xxxx yuan/m2 for each structural type. If the height of the workshop exceeds xx meters, the compensation will be increased by xx% according to the replacement price for each additional XX meters, and the height will be calculated from the indoor ground to the cornice. Monetary compensation will be given to the land with legal land use procedures at xxxx million yuan per mu.

Need resettlement land, in the future, the municipal government in xx Group planning urban factory resettlement land, in accordance with the order of signing the scheduled relocation agreement to assist in land acquisition procedures.

(two) the relocation of factories, warehouses and supporting houses shall be subsidized by 6 yuan per square meter of construction area, and each extra-large mechanical equipment shall be calculated at xxx—xxx yuan.

(3) Subsidies for factory buildings, warehouses and supporting houses, and subsidies for one-time suspension of production and business for 6 months according to the construction area per square meter 12 yuan.

(4) Factories, warehouses and supporting houses shall be given monetary compensation. If an agreement is signed in the first month within the specified demolition period and the house is relocated and vacated, 200 yuan/㎡ will be rewarded according to the demolition construction area; If the agreement is signed, it will be vacated in the second month, and will be rewarded according to the demolished building area 100 yuan/㎡.

Questioner's question 2009-05-22 14:38

That's not a big loss, so compensation, so many trees don't have to be discounted? Is it a little dark? Oh, can you tell me your opinion, just my personal opinion, please? Thank you! ! !

Supplemented by the respondent: May 22, 200914: 46

Now the demolition is generally evaluated:

For example, your building is xxxx yuan/square meter according to the general decoration standard, and the actual decoration will make up the difference. There is a special decoration team to help the demolished people to temporarily decorate, so as to improve the evaluation price.

Ground attachments (flowers, trees, concrete, etc.). ) There are compensation standards. Some people will spend a few dollars to buy some seedlings and find an open space to plant them.