The land was sold to the developer 12 years after the land bureau was sold to the developer's homeowner, only to find that the house was rejected as a dangerous house

Core tip: In a weedy open space west of Erdao Street in Shibei District, Manzhouli City, Hulunbuir, Inner Mongolia, several rows of low bungalows covered by blue iron sheets are a bit dazzling in the surrounding high-rise buildings.

Wang Siping, an elderly man who lives in Xidao Street, Manzhouli City, Inner Mongolia, said that the houses belong to his family, and as early as 2005, the land use rights of the blocks where these houses were located had been quietly sold to real estate developers by the local government without his knowledge, but his family's houses have not been demolished and expropriated according to law, and have fallen into serious disrepair and damaged, becoming "hot potatoes".

Huaxia Morning Post- Lighthouse News reporter Yang Yang from Hulunbuir, Inner Mongolia

Land use rights were not known until 12 years after they were sold

Wang Siping, who is more than 80 years old this year, has lived in Xidao Street, Manzhouli City for decades, and on October 27, 2004, he obtained a real estate warrant with a land area of 4236.4 square meters and a construction area of 1254 square meters through the Manzhouli Municipal Bureau of Land and Resources.

On August 21, 2017, the Manzhouli Municipal Government issued an announcement on the expropriation decision, announcing that the scope of expropriation is scattered plots in the north district of the city, and the house of the elderly Wang Siping is within the scope of expropriation.

It was only at this time that Wang Siping discovered that the land use rights of the houses he had legally obtained had been sold to the developer by the Land and Resources Bureau more than a decade ago, and the elderly Wang Siping did not know it, nor did anyone notify him.

Originally, as early as 2005, Manzhouli Jiarun Real Estate Development Co., Ltd. signed the "Contract for the Transfer of State-owned Land Use Rights" with the Manzhouli Municipal Land Bureau with the Approval of the Land Bureau, and obtained the land use rights between Xishan Road East, Water Road West, Erdao Street and Sandao Street, with a land use area of 24,208 square meters, including Wang Siping's 4236.4 square meters of land.

On August 24, 2017, the Manzhouli Housing Resettlement Compensation Center delivered to Wang Siping the Announcement on the Selection of Housing Expropriation Assessment Agencies for Urban Shantytown Renovation Projects in Scattered Plots of Land in Shibei District.

In this "announcement", the Housing Resettlement Compensation Center provided three appraisal companies for Wang Siping to choose, and Wang Siping also signed the receipt of the announcement. However, later, the Housing Resettlement Compensation Center did not demolish Wang Siping's house, and Wang Siping repeatedly found the expropriation office to consult the demolition problem, and the expropriation office replied that the housing resettlement compensation center did not have funds to compensate for the commercial housing, and Wang Siping's house was not expropriated.

Land acquisition is not levied only because it does not comply with bank loan policies

What is the name of the land that is expropriated, but the building houses on the land are not expropriated? Wang Siping had no choice but to go to the Manzhouli Municipal Housing and Urban-Rural Development Bureau to report the problem. On July 17, 2018, the Housing and Urban-Rural Development Bureau replied that Wang Siping's houses have residential houses and commercial houses, and since the china Development Bank's housing policy loan cannot be used to pay compensation for commercial housing expropriation, it can only be used for residential housing compensation, so it is impossible to levy on his commercial housing.

Wang Siping went to the Manzhouli Municipal Government to petition, and the Manzhouli Municipal People's Government replied to him in writing: After investigation, manzhouli Jiarun Real Estate Development Co., Ltd. and the Municipal Housing Collection Center negotiated with Wang Siping on demolition matters many times before the construction of the second phase of Jiarun Jincheng, but no agreement was reached. Regarding the matter of rainwater soaking, the Flood Control Office will increase the drainage intensity and suggest that Wang Siping sign a housing expropriation compensation agreement with the Municipal Housing Demolition Compensation and Collection Center as soon as possible in accordance with the provisions of the "Regulations on Compensation for The Demolition and Relocation of State-owned Land" to fundamentally solve the problem of houses being soaked by rainwater.

Wang Siping said that the facts that have been investigated in the "Review Opinions" of the Manzhouli Municipal Government are not facts at all. Because since 2005, Manzhouli Jiarun Real Estate Development Co., Ltd. and the Municipal Housing Expropriation Center have never asked him to sign a demolition compensation agreement, if the two sides negotiate well, he will sign a demolition compensation agreement in accordance with the "Regulations on Compensation for Demolition and Relocation of State-owned Land".

Why is the land use right transferred before the renewal overdue?

In May 2018, Wang Siping approached the Manzhouli Municipal Bureau of Land and Resources to apply for the renewal of land use rights. On May 10, 2018, the Manzhouli Municipal Bureau of Land and Resources issued a reply to Wang Siping's application for renewal of land use rights. According to the "Reply", Wang Siping had legally obtained the land use right in 2004, and the transfer period was 8 years, which has expired so far; Wang Siping's 4236.4 square meters of land had been transferred to Manzhouli Jiarun Real Estate Development Co., Ltd. in 2005; Wang Siping did not renew it before the expiration of the use period, and according to the law, the state can recover the state-owned land use right according to the needs of the public interest.

The bureau believes that the state-owned land use right applied for by Wang Siping has expired and is included in the urban demolition and transformation plan, and the land has been separately approved for a new land owner, and the bureau will no longer approve the renewal of the land use right.

"My land use rights have not expired, they do not tell me not to negotiate and do not compensate, said to sell to me, I went to do renewal, he said expired!" What logic is this, is it robbery? Wang Siping said that the Land and Resources Bureau did not give him the continuation of the land use right, not because the land use right expired, but because the Land and Resources Bureau had transferred the land use right to the developer. The Land and Resources Bureau shall supervise the developer's expropriation of compensation in accordance with the law and safeguard the legitimate rights and interests of the expropriated person. If the compensation is expropriated after the expiry date and is not developed, the government should recover the land use right and instruct the developer to compensate the original land use right holder for the losses caused by this.

Wang Siping believes that it was the illegal behavior of the Manzhouli Municipal Land and Resources Bureau that led to the loss of his legal land use rights. Therefore, he resolutely did not approve of the reply of the Manzhouli Municipal Land and Resources Bureau.

Wang Siping told Huaxia Morning Post-Lighthouse News that without informing him and without reaching an agreement on compensation for demolition and relocation, the Manzhouli Municipal Bureau of Land and Resources sold its legal land use right to the developer Manzhouli Jiarun Real Estate Development Co., Ltd. in 2005, which has violated the provisions of Article 13 of the Regulations on Compensation for the Expropriation of State-owned Land and Housing: "After the municipal and county-level people's governments make a decision on housing expropriation, they shall make a timely announcement." The announcement shall clearly state the expropriation compensation plan, administrative reconsideration, administrative litigation rights, and other such matters. Municipal and county-level people's governments and housing expropriation departments shall do a good job of publicizing and explaining housing expropriation and compensation. Where the house is expropriated in accordance with law, the right to use the state-owned land shall be recovered at the same time. ”

Relevant legal sources also said that Wang Siping's house was not expropriated according to law, but the land was reclaimed by the government and sold to the developer. According to the principle of "integration of real estate and land" stipulated in the Civil Code, the ownership of the house and the right to use the land are integrated, and in the case that Wang Siping is still the owner of the house, the land use right is transferred to the developer by the Land and Resources Bureau, which directly leads to Wang Siping having a house but no land use right, deliberately causing a defect in Wang Siping's right to live in the house. At present, Wang Siping has lost the legally obtained land use right due to the illegal acts of government agencies, resulting in the depreciation of the house land and the inability to sell, resulting in huge losses. Based on this, he believes that the local government and the land and resources department are responsible for the current situation.

Houses are soaked into dangerous houses And many times have failed to defend their rights

In the interview, Wang Siping told Huaxia Morning Post-Lighthouse News that in 2006, the Manzhouli municipal government remodeled the road, and the newly repaired road surface was about a meter higher than the original threshold of his home, and the rainwater could not be discharged, and the rainwater outside would be poured into the house. The house was soaked by rainwater, the foundation sank, the walls cracked, and later became a dangerous house.

Wang Siping said that after Manzhouli Jiarun Real Estate Development Co., Ltd. obtained its land use rights, it was even more fearless, not only maliciously did not negotiate with him to sign a development compensation agreement, but also in the process of construction and development, deliberately blocked the waterway so that the water in its courtyard could not be discharged, and the house was often soaked, and the damage became more and more serious.

What's more, the buildings built by Jiarun Real Estate in the surrounding area are higher than his family's houses, and the surrounding water flows to this house, and when it rains, the rainwater in the courtyard becomes a river, with an average water depth of 60 centimeters, which causes great inconvenience to his life and heavy economic losses.

Now the house has basically lost its economic value, and it cannot be rented, used, and cannot be sold, because the land use right has been sold by the government to the developer.

In order to safeguard his legitimate rights and interests, in addition to normal petitions, wang Siping's children have also repeatedly found Gong Feitian, then vice mayor of Manzhouli City in charge of urban construction, and Zhao Lili, deputy researcher of the Manzhouli Municipal Government, to reflect the situation, but they have all used various reasons such as coordination with developers to shirk so far without results.

Yin Dongfang, the relevant person in charge of Manzhouli Jiarun Real Estate Development Co., Ltd., responded to the Huaxia Morning Post-Lighthouse News that land expropriation and demolition are the actions of the Manzhouli municipal government and have nothing to do with him.

Wang Aimin, the current director of the Land and Resources Bureau of Hulunbuir Manzhouli City, was the director of the Demolition and Relocation Office of the Manzhouli Municipal Housing and Construction Bureau. Wang Aimin said: "We are only responsible for the demolition of buildings on the ground, and the land is a matter for the Land Bureau, and has nothing to do with our demolition." Liu Zengjun, director of the Manzhouli Municipal Bureau of Letters and Visits, said that he did not know about this matter and was completely unaware of it.

Source| Huaxia Morning Post

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