?august 22, 2007, chicheng county people's court public hearing of the case, and two days later to make administrative decisions, identified prior to demolition to do to make the award of insufficient evidence, an offense ruling should be revoked.
court's current practice is usually a judgment or mediation payment of cash, and basically keep up with soaring prices, the expense of all people. the high court's decision to eliminate this phenomenon at the same time, the judgment of the government compensation for the demolition of the purchase money. also reduces the possibility of the difficulty in enforcement, enrich and expand the state compensation law provides compensation. "pidde croft said.
???subsequently, the demolition of people to do the demolition application to be ruling. to do the demolition chicheng county real estate appraisal expert housing assessment report is issued,abercrombie, the commission identified in the course of the investigation, commissioned, "that the report meets the relevant provisions of the housing can reflect the actual market value,herve leger dress, derived valuation results objective and reasonable. " to do the demolition to make an award on october 15, 2004: zheng chu received within sixteen days from the date of this award must make room for now to live and use within the scope of the demolition of housing,michael kors outlet, litigation and reconsideration does not affect the implementation of the award.
the verdict of the hebei provincial higher people's court pidde chi relieved.
the court found that "the zheng beads receive 123,676 yuan compensation has been unable to purchase their original living conditions, housing.
?pidde intellectual further information on the urban house demolition administrative adjudication provisions of the statutes, the parties have objections to the assessment results, and without the identified housing the local real estate expert assessment committee, house demolition management department should be entrusted to an expert assessment committee to appraise the and identified the valuation results as ruling basis. in that case, do the demolition to make an award without the housing location of real estate experts assess the commission identified,abercrombie pas cher, typical of the procedural and substantive illegal.
?pidde intellectual opinion,mercurial, the case is the first case after the implementation of the "property law" under this provision of article 42, paragraph 3, the collection of personal residences, should also protect the living conditions be imposed to make a final judgment in its the impact will be profound.
the court held that the case should be in dealing with principles of equity. on caused by forced demolition to zheng bead loss, should the two defendants to pay the state compensation for gold to be compensation. submitted by the construction bureau of chicheng county pregnant to positive and valuation report, housing value part, is using the cost method to obtain the valuation results. 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 when akagi the county cottage transaction price to calculate the housing loss, but considering the highest cottage transactions due to changes in the real estate market, as of now price of 2110.82 yuan per square meter,herve leger, the trading price of the highest bungalow is more conducive to the protection of the plaintiff's interests. "
the court decision, chicheng county people's government, the construction bureau compensation zheng beads to buy the original living conditions of the housing purchase models ", less has collar compensation; at the same time, compensation for zheng beads to buy housing of the deed tax losses and move into before the purchase of housing rent loss .
the court decision, akagi county people's government and the construction bureau further compensation 172,939.48 yuan of the zheng beads housing loss, loss of land use rights 52793.09 yuan.
zheng chu,louboutin, liu first couple of the verdict is still not satisfied. the main reason is that the akagi county prices are rising every year, in accordance with the amount paid and the court's standard, is still insufficient to purchase equivalent housing to their original living conditions. thus, on december 21, 2009, zheng beads to the hebei provincial higher people's court of appeal.
?executive compensation "fair" as key words
according to pidde wisdom, the court after filing, always mediation, is not in session. 2007, house prices rose too fast, zheng beads and government,abercrombie pas cher, how coordination is not down, he let an old married couple every day, go to the court of administrative tribunal to wait for processing. same time, he also repeatedly to the president of the court and administration of the president of the tribunal calls at the hearing,louboutin pas cher, and said that if the hearing went to a higher court.
january 16, 2008, zheng beads chicheng county people's court to bring an administrative action for damages. akagi county people's court made the judgment that, zheng chu has already received housing compensation, did not suffer, award compensation to a total of 54,180 yuan turnover loss of housing goods and rental housing rent.
the old house has been removed, zheng chu, liu first couple renting living. demolition and demolition compensation negotiation on november 30, 2004,abercrombie france, on april 20, 2005 twice to receive relocation compensation totaling 123,676 yuan, but ultimately did not reach a compensation agreement.
in the the akagi county people's court made the judgment to revoke the illegal award, october 28, 2007, zheng beads to demolition made by the office request for administrative compensation, but did not get any reply.
for the proper conclusion of the case, the judge handling the case of the hebei provincial higher people's court came to the to akagi field survey to understand, and the parties on a number of mediation. once, zheng chu, liu first couple agreed to a high court judge handling the case of the mediation program, and began to find the equivalent to the original living conditions of housing in the county. but they received shortly after the judge handling the telephone, the akagi county people's government and chicheng county construction bureau does not agree to mediation, the hope that the court judgment.
march 10, 2009,michael kors, zheng beads to the the akagi county people's government and the construction bureau of the defendant, re-institute an administrative action for damages to the zhangjiakou city intermediate people's court. december 8 that year, zhangjiakou city intermediate people's court judgment finds that to do the demolition akagi county people's government established institutions, on behalf of the government to exercise the powers, akagi county construction bureau internal organs. because of the specific administrative act as illegal, causing the loss of the zheng beads under the name of the loss of house loss and rental housing rent.
zheng chu refused to accept the appeal to the zhangjiakou city intermediate people's court. the judgment after the zhangjiakou city intermediate people's court revoked and remanded. after the remand,louboutin, pidde wisdom that difficult, the case was tried in the county court recommended withdrawal zheng beads re-zhangjiakou city intermediate people's court prosecution.
since then, the the akagi county people's court revoked the award. but the process took nearly three years.
november 4, 2004, chicheng county people's court accepted the prosecution of the zheng beads, and the next day the complaint a copy of and responding to a notice served on the defendant. however, the cheng family did not expect, in the next two years, has been not to wait until the hearing.
street transformation of the development of the old house was removed
lasted three years, the illegal demolition decision was finally revoked
"demolition" this topic for the first time into zheng chu, liu first couple's life.
the award was served on october 25 cheng kar. zheng beads that many illegal award, the compensation is too low to bring an administrative lawsuit, akagi county people's court on november 4. zheng chu refused to relocate within the prescribed period, akagi county people's government made compulsory relocation decision. zheng home on their own to move out after the original residence were removed. however, the removal process, the demolition for the preservation of evidence.
on the standard of compensation and the amount of the court that "housing loss of compensation to compensation zheng chu's living conditions and the original living conditions quite as standard. zheng beads original living bungalows, housing construction area of ??81.93 square meters, land an area of ??115.1 square meters. zheng beads original living conditions of housing should be determined in the same district construction area of ??120 m2 multi-storey building is more appropriate. chicheng county people's government, the construction bureau compensation zheng beads to buy the original living conditions quite 120 square meters the price of the multi-storey building.
?since then, the cheng family has been living within the cottage there life. in the meantime, housing two large renovation.
the fall of 2003, the retirement home of liu first found his own house to a group of people, they carry a variety of tools mapping chicheng county the akagi town moat near a cottage where they live.
september 5, 2010, hebei province senior people's court of justice made the judgment, finds chicheng county people's government did not make the preservation of evidence of the will zheng beads of housing demolition, resulting in will chicheng county demolition to do to make the demolition ruling and, unable to right zheng beads the housing assessment, demolition and zheng beads can not reach an agreement, can not be re-made the demolition ruling. on to zheng beads caused the loss, the akagi county people's government, construction bureau should be liable for damages.
's court first indictment in their lives. contrary to their expectation is that the lawsuit has lasted more than six years, and involves a lot of energy in their later years. december 3, 2010, they received the hebei provincial higher people's court made the final judgment. years of room to run around, will probably come to an end.
newspaper hebei akagi, january 20
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