With the continuous rapid development of society, land acquisition and demolition has become very common, especially in the face of agricultural reform of the city, land acquisition and demolition has become indispensable, but in the land acquisition and demolition, many farmers will feel why they get so little money, or after land acquisition and demolition to buy a nearby house can not afford to buy, the reason is that many friends are not very clear, Beijing Jingkang Law Firm Shi Xining, the chief lawyer of the law firm, wants to talk to you about what kind of evaluation method can be used in land acquisition and demolition.
Lawyer's interpretation
Land acquisition and demolition generally go through several stages, first of all, the determination of the scope of expropriation, then the identification of the houses within the scope of expropriation, and then the decision on housing expropriation and the expropriation compensation plan, followed by the assessment of the value of housing expropriation, and finally the signing of the expropriation compensation agreement between the housing expropriation department and the expropriated person. In these five stages, the assessment of the expropriation value of the house can play a role in the final negotiation with the expropriation department on the expropriation price, so the use of good appraisal methods can really not suffer losses.
1. Choose the appropriate assessment method
1. Market comparison method: This is the most commonly used valuation method, which determines the value of the demolished house by comparing the recent transaction prices of houses in similar lots, the same or similar uses, and adjusting for the difference factors. Ensure that the reference items selected for the evaluation are comparable and that the transaction price is authentic and reliable.
2. Income method: It is applicable to commercial, industrial or residential properties with stable rental income or expected income. The value is assessed by calculating the present value of future net earnings. Ensure that earnings forecasts are sound and discount rates are accurate.
3. Cost Method: Valuation is based on reconstruction or replacement cost minus depreciation. It is necessary to ensure that the cost data is accurate, the depreciation calculation is reasonable, and the actual condition and remaining economic life of the building are not underestimated.
4. Hypothetical development method: It is applicable to the land to be developed or the property with the potential to increase in value, predicts the market value after the completion of the development in the future, and deducts the relevant development costs and taxes to obtain the current value. It is necessary to pay attention to the rationality of market prospects, planning conditions, development cycle and other factors.
2. Participate in the whole process of price evaluation
1. Actively cooperate with the appraisal agency: provide complete and true housing ownership certificates, building structure, area, decoration and other information, so that the appraiser can accurately grasp the housing information.
2. Supervise the evaluation process: At the assessment site, confirm whether the appraiser has fully inspected the house and whether all factors affecting the value (such as orientation, floor, landscape, special facilities, etc.) have been considered.
3. Review the preliminary assessment report: obtain and review the preliminary assessment report in detail in a timely manner, check whether its content is accurate, and if there is any objection, promptly raise written questions and request explanations or amendments.
3. Exercise the right of review and application for appraisal
If you are not satisfied with the assessment results, you can apply for a review in accordance with the law. Many localities stipulate that if the assessee has any objection to the assessment result, it may apply to the original assessment agency for review, or entrust another assessment agency to re-assess. If there are still objections to the results of the review, they shall apply for appraisal by the expert committee in accordance with the legal procedures, or even resolve the dispute through administrative reconsideration or administrative litigation. At the same time, we must not give up negotiation while exercising the review and applying for appraisal, and maintaining negotiation at all times during the expropriation process is one of the important ways to have a conversation between the expropriating unit and the assessee.
To sum up, we can clearly see that there are various assessment methods, and you need to find an assessment method that best meets your housing situation in order to truly not suffer, but even if the assessment method is correct, due to the wide range of land acquisition and demolition, the complexity of the procedures, and the possible illegal acts of the expropriation unit, it may bring you a lot of trouble in the process of land acquisition and demolition.
Director Shi reminded
Demolition and relocation is a long-term struggle that requires comprehensive professional knowledge, control of the overall situation, and rational application of the law. Even a lawyer with many years of litigation experience is constantly learning and updating, so that he can calmly analyze and make correct judgments in a case. And for non-law-abiding people, this is a huge subject that cannot be achieved by just a short period of time. Therefore, when encountering any demolition problems, you may wish to ask a lawyer and carry out professional rights protection under the guidance of a lawyer.