Article 23 of the Regulations on Expropriation and Compensation of Houses on State-owned Land

Compensation for losses caused by the expropriation of houses shall be determined according to the benefits before expropriation and the period of suspension of production and business. Specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.

Article 24

The people's governments at the city and county levels and their relevant departments shall strengthen the supervision and management of construction activities according to law, and deal with acts of construction in violation of urban and rural planning according to law. Before the people's government at the city or county level makes a decision on house expropriation, it shall organize relevant departments to investigate, identify and deal with unregistered buildings within the scope of expropriation according to law. Compensation should be given to temporary buildings that have been recognized as legal buildings and have not exceeded the approved period; No compensation will be given to illegal buildings and temporary buildings that exceed the approved period.

Article 25

The house expropriation department and the expropriated person shall, in accordance with the provisions of this Ordinance, conclude a compensation agreement on matters such as compensation method, compensation amount and payment term, location and area of the property right exchange house, relocation fee, temporary resettlement fee or turnover house, loss of production or business suspension, relocation period, transition mode and transition period. After the conclusion of the compensation agreement, if one party fails to perform the obligations stipulated in the compensation agreement, the other party may bring a lawsuit according to law.

Article 26

If the house expropriation department and the expropriated person fail to reach a compensation agreement within the signing period determined by the expropriation compensation scheme, or the owner of the expropriated house is unknown, the people's government at the city or county level that made the decision on house expropriation shall make a compensation decision in accordance with the provisions of these Regulations and the expropriation compensation scheme, and make an announcement within the scope of house expropriation. The compensation decision shall be fair, including matters related to the compensation agreement as stipulated in the first paragraph of Article 25 of these Regulations. If the expropriated person refuses to accept the compensation decision, he may apply for administrative reconsideration or bring an administrative lawsuit according to law.

Article 27

The implementation of house expropriation should be compensated before demolition. After the people's government at the city or county level that made the decision on house expropriation compensated the expropriated person, the expropriated person shall complete the relocation within the relocation period agreed in the compensation agreement or determined in the compensation decision. No unit or individual may force the expropriated person to move by means of violence, threat or violation of regulations to interrupt water supply, heat supply, gas supply, power supply and road traffic. Construction units are prohibited from participating in relocation activities.

Article 28 of the Regulations on Expropriation and Compensation of Houses on State-owned Land

If the expropriated person does not apply for administrative reconsideration or bring an administrative lawsuit within the statutory time limit, and does not move within the time limit stipulated in the compensation decision, the people's government at the city or county level that made the decision on house expropriation shall apply to the people's court for compulsory execution according to law. The application for compulsory execution shall be accompanied by the amount of compensation, the account number of the special account, the location and area of the property right exchange house and the turnover house.

Article 29

The house expropriation department shall establish a house expropriation compensation file according to law, and announce the household compensation to the expropriated person within the scope of house expropriation. Audit institutions shall strengthen supervision over the management and use of compensation fees and publish the audit results.

In addition, due to the diversity and chaos of land acquisition events, there are illegal land occupation and legal land occupation. In the process of land acquisition compensation implementation and distribution, some are legal and some are illegal. Many places have formulated regional benchmark land prices and local land acquisition compensation and resettlement standards. In fact, these government regulations are not real compensation standards; The real compensation standard is drawn up in the land acquisition plan approved by each batch and each project, and the standard is ultimately based on the land acquisition compensation and resettlement plan.

But in fact, the compensation and resettlement schemes formulated in the implementation process in many places are illegal and unreasonable. For example, it is wrong for some areas not to compensate villagers, married women and divorced women who have moved out of their homes. In some places, compensation is paid according to household registration, and in some places, compensation is paid according to contracted land; It is also a very serious illegal phenomenon to intercept the compensation for land acquisition in the implementation of compensation. Due to the above reasons, landless peasants often cannot get reasonable compensation standards, and many places will not publish compensation and resettlement plans, which is illegal. After the announcement of the compensation and resettlement plan for land requisition, if there is any dispute about the compensation standard, you can also apply for a coordinated ruling according to law, so the compensation standard for land requisition is actually uncertain, and specific issues need to be analyzed in detail.