Chapter 366 Defence
Lu Qingfeng cleared his throat and began to reply:
The facts and reasons of the plaintiff are untenable.
The decision to expropriate the house made by the Donghai Community Management Committee is in accordance with the law.
(1) Functions and powers on housing expropriation. According to the provisions of the General Office of the Baishui Prefecture Municipal Party Committee and the General Office of the Baishui Prefecture Municipal Government on the issuance of the Regulations on the Main Responsibilities, Internal Institutions and Staffing of the Baishui Donghai Community Working Committee of the Communist Party of China and the Donghai Community Management Committee of Baishui City (Baishui Banfa [2002] No. 11) and the Notice of the Baishui Municipal People's Government on Further Strengthening the Compensation for Housing Expropriation in Baishui Prefecture (Baishui Fu Fa [2006] No. 1), the Donghai Community Management Committee and the Fengjiang District Housing and Urban-Rural Development Bureau are responsible for housing demolition, Placement and other aspects of the work.
Accordingly, the decision to expropriate the house made by the Donghai Community Management Committee complied with the regulations, and there was no problem of the plaintiff's alleged error in the subject of expropriation.
(2) The social public interest on housing expropriation. With the acceleration of the planning and construction of the Donghai community, the construction of the Donghai central area has been basically completed, and the problems of the houses on the B1-B7 plots have become increasingly apparent.
In 2018, taking into account the objective requirements and development direction of the development of the Donghai community, it is advisable to adopt a holistic and step-by-step approach to transform and renew the urban material living environment, so as to fundamentally improve the living conditions of the plot, and the old city renovation activities of the B1-B7 plots in the central area of the Donghai will naturally be included in the government's expropriation agenda.
(3) Preliminary examination and approval of housing expropriation. On January 7, 2018, the Baishui Municipal Urban and Rural Planning Bureau issued the "Reply on Approving the Land Use Scope of the Dilapidated Housing Renovation and Reconstruction Project in Plots B1-B7 of the Donghai Central Area in Accordance with the Urban Master Plan" (Hong Guihan [2018] No. 14), which determined that the inclusion of the plot involved in the case in the dilapidated housing renovation and transformation was in line with the "Baishui City Urban Master Plan".
On January 25, 2018, the Baishui Municipal Bureau of Land and Resources issued the "Reply Opinions on Confirming that the Land Used for the Dilapidated Housing Renovation and Reconstruction Project in Plots B1-B7 of the Donghai Central Area Conforms to the Overall Land Use Plan" (Baishui Land Zihan [2018] No. 41), which determined that the current status of the land is construction land, which is in line with the "Baishui City Land Use Master Plan (2006-2020)".
On April 18, 2018, the General Office of the People's Government of Baishui Prefecture issued the "Notice on Issuing the Task of Requisition and Relocation of Urban Dilapidated Housing Renovation in 2018" (Baishui Fu Ting Zi [2018] No. 107), which clearly stated: "In order to implement the spirit of the Third Plenary (Enlarged) Meeting of the Twelfth Municipal Party Committee and accelerate the revival of the old city, the municipal government has studied and implemented the task of the 2018 urban dilapidated housing renovation and relocation plan to all counties (districts) and development zones (××) and strengthened the assessment. ”
In addition, since the Baishui Municipal Development and Reform Commission's function of project approval has been delegated to the county and district development and reform departments, the Baishui Donghai Community Economic Development Information Bureau has also agreed to carry out preliminary work on the dilapidated housing renovation project in plots B1-B7. With the completion of the above-mentioned pre-approval procedures, the old city renovation of plots B1-B7 in Donghai Community was included in the 2018 urban dilapidated housing renovation (old city) renovation plan, which also officially opened the prelude to the old city renovation work of plots B1-B7.
(4) Working procedures for housing expropriation. For the renovation of the old city of plots B1-B7, the Donghai Community Management Committee strictly standardizes the procedures, implements sunshine operation in accordance with the principle of "openness, fairness and justice", and all public laws, regulations and approval documents are posted and publicized at the expropriation site.
1. On August 12, 2018, the Fengjiang District Housing and Urban-Rural Development Bureau posted the "Housing Expropriation Notice", "Housing Expropriation Compensation Plan (Consultation Draft) Announcement" and "Housing Expropriation Compensation Plan (Consultation Draft)" within the scope of the housing expropriation site to listen to the opinions of the majority of expropriated persons on the expropriation compensation.
2. On July 4, 2018, the Fengjiang District Housing and Urban-Rural Development Bureau posted the "Announcement on the Selection of Housing Expropriation and Appraisal Agencies" within the scope of the housing expropriation site, informing the majority of the expropriated people of their rights in choosing real estate appraisal agencies, and at the same time attaching the "List of Housing Expropriation and Appraisal Agencies that Have Signed Up for the Dilapidated Housing Renovation Project of B1-B7 Plots".
On July 14, 2018, on the premise that the expropriated person did not select the appraisal agency on his own, the Fengjiang District Housing and Urban-Rural Development Bureau posted the "Announcement on the On-site Selection of Housing Expropriation Appraisal Agency" on the spot, informing the expropriated person to randomly select the housing expropriation appraisal agency through public lottery at 10 a.m. on July 17, 2018 at the expropriation site of plots B1-B7.
3. On July 13, 2018, the Donghai Community Housing Expropriation and Compensation Office replied to the opinions of the storefronts and commercial housing owners on both sides of the street on the expropriation compensation plan in Partridge Village.
4. At 10 a.m. on July 17, 2018, according to the report of the housing expropriation appraisal agency in the database of the Baishui Housing Management Bureau (7 national first-class qualifications and 19 national second-class qualifications), the Donghai Community Housing and Urban-Rural Development Bureau organized representatives of the expropriated households to publicly draw lots and was notarized by the notary public of the Baishui Seaside Notary Office on the spot, and determined that the two appraisal agencies were the appraisal agencies of the B1-B7 plots, responsible for assessing the value of the house, and three other appraisal companies were selected to be jointly responsible for the evaluation of the housing decoration value with the first two.
On the same day, the Fengjiang District Housing and Urban-Rural Development Bureau posted the "Announcement on the Results of the Selection of Housing Expropriation Appraisal Agencies" at the expropriation site and informed the expropriated persons of the results of the selection of the appraisal agencies.
5. On July 18, 2018, in accordance with the spirit of the Notice of the People's Government of Baishui Prefecture Municipality on Further Strengthening the Compensation for Housing Expropriation in Our City (Baishui Fu Fa [2012] No. 1), the Donghai Community Management Committee made the "Decision on Housing Expropriation of the Donghai Community Management Committee" (Donghai Line Zheng Zi [2018] No. 01), and at the same time made the "Announcement on the Housing Expropriation of the Donghai Community Management Committee" and posted notices within the scope of the expropriation site.
6. On July 31, 2018, the two real estate appraisal agencies selected by public lottery issued a publicity letter for the housing valuation results and posted them on the spot.
7. On August 4, 2018, the Donghai Community Management Committee revised the "Housing Expropriation Compensation Plan (Draft for Comments)" after collecting the opinions of the majority of expropriated persons, and the Fengjiang District Housing and Urban-Rural Development Bureau announced the "Expropriation and Compensation Plan for the Urban Dilapidated Housing Renovation and Renovation Project of Plots B1-B7 of the Detailed Planning of the Control Line of the Donghai Central Area", and at the same time posted a public notice within the scope of the expropriation site. 8. Due to the objections of some expropriated persons to the results of the housing appraisal and the request for review and assessment, on August 10, 2018, the two real estate appraisal agencies selected by public lottery respectively issued the "Reply Letter on the Request for Review and Assessment of Residential Prices by the Expropriated Households in the B1-B7 Plots of Donghai Central Area, Baishui City", and made a conclusion that the original appraisal price remained unchanged, and the results of the review and assessment were also posted and publicized on the spot.
Not only that, before the above-mentioned expropriation decision was made, the Donghai Community Management Committee also conducted a preliminary survey on the urban dilapidated housing renovation project of the B1-B7 plots, and made a preliminary mapping table for the project, and at the same time, Baishui Bank also issued a certificate of funds in the special expropriation account retained by the Donghai Community Management Committee, and the Donghai Community Management Committee also assessed the social risks caused by the expropriation of the B1-B7 plots and prepared the "Social Stability Risk Assessment Report".
To sum up, it can be seen that the entire expropriation activities for the renovation of dilapidated houses and old cities on plots B1-B7 involved in the case were legal and open, fully embodying the purpose of "benefiting the people", and complying with the provisions of Articles 8, 9, 10, 11, 12, 13, 14, 15 and 16 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land, and requested the people's court to reject all the plaintiff's claims in accordance with the law.