标题: Vk9BORgPYB [打印本页] 作者: vefshgdv5 时间: 2014-10-28 20:32 标题: Vk9BORgPYB In order to obtain a fair result of the relocation compensation, November 4, 2004, Zheng Chu, Liu first couple Chicheng County, Hebei Province People's Court to submit a copy of their life in the first indictment. Contrary to their expectation is that this lawsuit lasted more than six years, they involve a lot of energy in his later years. December 3, 2010, they received a final judgment Hebei Provincial Higher People's Court. Room to run around for many years, will probably come to an end.
Transformation of the old house was demolished street development
The fall of 2003, Liu first retirement home found themselves outside to a team of people, they took various tools mapping the relevant circumstances near Akagi Akagi County Town moat they live in a bungalow.
"Demolition" this topic for the first time into the Zheng Chu, Liu first couple's life.
1970s, Zheng beads are assigned a stay Akagi Town moat of a bungalow on the 23rd. Liu first to prove ownership of the China Youth Daily reporter presented showed that the use of housing land area of ??106.05 square meters, the nature of ownership as "private." That time, Zheng surrounding residential homes are bungalows, according to Liu first introduced, only two-income families are eligible to work in the county was assigned to the cottage.
Since then, Cheng family has been living in a cottage there, life. In the meantime, they also carried out two major house renovation.
Shortly after mapping, Zheng family and neighbors began to receive a demolition notice. Reporters saw at the relevant documents, was responsible for the demolition of residential construction Akagi County Development Company (hereinafter referred to as "Demolition Man"), "by the city and county departments approved the implementation of the Government Street road widening project on both sides, the government plans West residents on both sides of the road were demolished range of relocation, "and in March 1, 2004 in Chicheng County Housing Demolition Management Office (hereinafter referred to as" demolition Office ") received a demolition permit. The next day, do the demolition issued a demolition notice. July 2004, the demolition entrusted to being pregnant and the real estate market valuation Limited Cheng's house was assessed, the report said, "the object being evaluated in valuation point (March 2, 2004) The value of 65,899 yuan "valuation method adopted is the" cost method. "
Reporters in the "Akagi County West Development and Construction Contract" on the saw, October 22, 2003, Akagi Akagi County County Construction Bureau and Quanta Real Estate Development Co., Ltd. signed a contract, agreed in accordance with the detailed planning Akagi County Construction Bureau requirements, Akagi County West development and construction. Among them, the type of subject matter as "one, two-story retail building development and construction of three or more residential development," the range covers more than 11,300 square meters of land for construction.
In the subsequent negotiation process, demolition and Zheng Chu has been unable to reach agreement on a demolition compensation. Demolition say yes, with Zheng Chu has repeatedly consultations on the issue of compensation, "and made largely concessions", but the "terms of compensation required to be demolished too, a big gap between the parties to compensate." Reporters learned from the Akagi County Construction Bureau, at the time of the relocation, the Zheng family was the only one household did not reach a compensation agreement with the demolition. Liu also told reporters before the other tenants have moved out picking up the money. But she and her lover think that the compensation amount is too low, they had not moved.
Then, do the demolition demolition application to be ruling. During the investigation, do the demolition, Akagi County real estate appraisal commissioned by the Committee of Experts on the positive and housing assessment report issued by the company were identified, "that the report meets the relevant provisions reflect the actual market value of the house, the valuation results obtained objective and reasonable. " Demolition do make an award in October 15, 2004: Zheng beads receipt date of the award must be clear now houses Teng, litigation and review the scope of the demolition and residential use does not affect the execution of the award sixteen days.
The award was delivered Cheng Kar on October 25. Zheng Chu believes many illegal award of compensation is too low, the administrative proceedings to Akagi County People's Court on November 4. Within the prescribed period because Zheng Chu refused to move, Akagi County People's Government to make forced relocation decisions. Zheng family to move out on their own after the original residence was demolished. But in the removal process, the demolition did not make the preservation of evidence.
Lasted three years, was finally revoked the illegal demolition ruling
Zheng Zhi Chu's attorney Stampede told China Youth Daily reporter,spaccio aziendale moncler, according to the "Urban Housing Demolition valuation guidance" the provisions of Article 24, "provincial, autonomous regional construction administrative departments and Shequchengshi municipal real estate management department or its authorized real estate Valuation industry self-regulatory organization, the Committee of Experts should be established by the terms of the senior full-time registered valuation of real estate appraisers and real estate, urban planning, legal and other experts to provide technical guidance for the valuation demolition, demolition accepted valuation techniques to identify, "Akagi County has no right to form Expert Committee on valuation, the entire region of Zhangjiakou City, only to have a valuation committee of experts, rather than each county each have one. Therefore, the ruling establishment mentioned in the book Akagi County real estate appraisal expert committee no legal basis for it out of the appraisal is invalid.
Stampede Chi further information, according to the "Urban Housing Demolition Administrative Adjudication work order" provides that "a party disagrees with the results of the assessment and has not identified the location of real estate expert assessment committee, house demolition management department commissioned an expert assessment committee should be identified, and to evaluate the results identified as the basis for the award. " The decision in that case, do the demolition made without identifying the location of real estate expert assessment committee, typical of the procedural and substantive law.
Since then, Akagi County People's Court revoked the aforementioned award. However, this process lasted nearly three years.
November 4, 2004, Akagi County People's Court accepted the prosecution ZHENG beads, and the next day the defendant was served with a copy of the complaint and the notice of the respondent. However, let Zheng family did not expect is that they thereafter more than two years, has not until the hearing.
According to Stampede Chile introduced after the court filing, always mediation, is not in session. By 2007, as prices rose too fast, Zheng beads and government coordination is not how it down, he let the old couple every day, waiting for the courts to deal with the administrative tribunal. Meanwhile, he also repeatedly to call the President of the Court and administrative requirements Tribunal hearing, and said that if not in session, went to a higher court.
Liu told reporters before her during that time a time to go to work every day administrative tribunals sitting in court, hoping to get notice of the hearing until the judge got off work, she went home.
August 22, 2007, Akagi County People's Court held a public hearing of the case and make a decision after two days of administration, found insufficient evidence of previous major award made to do the demolition, ruling offense, should be revoked.
And yet, at the site of the old house was demolished, the developer has already built a five-storey new residential buildings. Liu told reporters before, in May 2005, shortly after she and her husband moved out, there is construction company began construction of the building of the new building. 2006, the new building on the existing tenants to stay.
Executive compensation "fairness" has become Keywords
After the old house was demolished, Zheng Chu, Liu first couple renting life. They demolition compensation negotiation and demolition conducted, on November 30, 2004, April 20, 2005 to receive twice relocation compensation totaling 123,676 yuan, but ultimately did not reach a compensation agreement.
After making Akagi County People's Court revoked the law of the award decision, October 28, 2007, Zheng Chu request for administrative compensation, but did not get any reply to do the demolition.
January 16, 2008, Zheng Chu filed an administrative action for damages to Akagi County People's Court. Akagi County People's Court ruled that Zheng Chu has already received housing compensation, has not suffered losses, damages verdict swing articles losses and rental housing rent totaling 54,180 yuan.
Zheng Chu refused to accept the appeal to the Zhangjiakou City Intermediate People's Court. The decision after the revocation of Zhangjiakou City Intermediate People's Court, and remanded. After remand, Stampede Chi that case more difficult in the county court, the proposed withdrawal of Zheng beads, re-prosecute the Zhangjiakou City Intermediate People's Court.
March 10, 2009, Zheng beads to Akagi County People's Government and the Construction Bureau of the defendant, again filed an administrative action for damages to Zhangjiakou City Intermediate People's Court. December 8 that year, Zhangjiakou City Intermediate People's Court ruling, found to do the demolition is Akagi County People's Government to set up institutions, representatives of the government to exercise powers for the Akagi County Construction Bureau internal organs. Because of the specific administrative act as illegal, causing losses and loss of rental housing loss ZHENG beads name rental housing.
The court held that the case should be treated in the principles of equity. "For the loss due to forced relocation to Zheng beads caused by the way the two defendants to pay for state compensation payments for compensation. Huailai Akagi County Construction Bureau to submit regular and valuation report, the value of some houses, is the use of valuation results cost method obtained does not reflect the market price of housing. the valuation results inadmissible ...... in accordance with the principle of fairness, can be taken in accordance with the highest year Akagi county cottage housing transaction prices loss, but considering due to changes in the real estate market, as of now the highest bungalow trading price of 2110.82 yuan per square meter, using the highest trading price of the cottage is more conducive to the protection of the rights of the plaintiff. "
Court, Akagi County People's Government and the Construction Bureau of re-housing loss compensation 172,939.48 yuan ZHENG beads, land use rights, such as the loss of 52,793.09 yuan.
But Zheng Chu, Liu first couple are still not satisfied with the result of the judgment. The main reason is that prices Akagi county within a year are up, the amount of the payment in accordance with the standard the court is still not enough to buy its former living conditions comparable housing. So, December 21, 2009, Zheng beads appeal to the Hebei Provincial Higher People's Court.
For the proper conclusion of the case, the judge handling the case to the Hebei Provincial Higher People's Court Akagi field investigation, and the parties conducted a number of mediation. Once, Zheng Chu, Liu first couple agreed to a mediation plan proposed by the High Court judge handling the case and start looking at the county and the original living conditions comparable housing. But shortly after they received the call, said the judge handling the case, Akagi Akagi County People's Government and the county construction bureau does not agree to mediation,[/url], hoping court ruling.
September 5, 2010, the Hebei Provincial Higher People's Court ruling, found Akagi County People's Government in the case did not make the preservation of evidence will ZHENG beads houses demolished, resulting in the demolition of Chicheng County residents do make a decision after being withdrawn,[url=http://u533awww.china-up.com/bbs/home.php?mod=space&uid=4733164], unable to Zheng Chu The houses were assessed in the case of Zheng beads demolition can not reach an agreement,Gk8as2zg0a, you can not re-make the demolition decision. ZHENG beads for losses caused by Akagi County People's Government, the Bureau should bear the liability.
The court found, "Zheng Chu has already received 123,676 yuan of compensation has been unable to buy into the living conditions of its original houses fairly."
On about the standard of compensation and the amount of the issue, the Court held that "for the compensation of housing losses, should be based on the compensation ZHENG beads living conditions of the original living conditions fairly standard. Zheng Chu original residence bungalows, housing construction area of ??81.93 square meters of land Use area 115.1 square meters. ZHENG beads and living conditions quite original houses, should be identified for the same geographical area of ??120 square meters building multi-storey buildings are more appropriate. Akagi County People's Government, the Bureau of purchase with the original compensation ZHENG beads quite 120 m2 living conditions multi-storey buildings in the price. "
Court, "Akagi County People's Government, the Bureau of compensation ZHENG beads purchase with the original living conditions comparable houses to buy a house," deducting collar compensation; Meanwhile, compensation for rent loss Zheng Chu purchase deed loss of housing and move into buying houses before .
Hebei Provincial Higher People's Court in this judgment makes Stampede wisdom relieved.
"I took over the case when a child just born, and now my children 7 years old, the first grade." He told reporters.
In Stampede wisdom seems, the case is the first after the "Property Law" was implemented in accordance with its Article 42, paragraph 3, "be imposed levy personal residence shall also protect the living conditions of" the entry into force of this provision to make the decision, and its impact will be far-reaching.
"The current practice of the court judgment or mediation are usually paid in cash, basically keep up with soaring prices at the expense of all the people. High Court's decision put an end to this phenomenon. Meanwhile, the ruling government compensation for the demolition of the purchase money, also reduces the possible difficulty in enforcement occur, is the way the compensation provided by the State Compensation Law enrich and expand. "Stampede Chi said.
Newspaper Hebei Electric Akagi January 20