The government entrusts state-owned companies to “buy” houses?Is it legal?

2022-04-28 0 By

The government entrusts state-owned companies to “buy” houses?Is it legal?The expropriation of houses on state-owned land is based on the relevant provisions of the “Regulations on Expropriation and Compensation of Houses on State-owned Land”, which should be decided by the municipal and county-level people’s governments.Can the government entrust state-owned companies to “buy” houses?Today, combine the Supreme Court’s judicial precedent to say this question.The Administrative Decision of the Supreme People’s Court (2018) No. 2624 of the Supreme Court made the following determination:If the deal is built on the basis of equality, voluntary, in a certain level is beneficial to improve the efficiency of the old city reconstruction, and help people by raising the purchase price to the ownership of the house to give more full compensation and resettlement, realistic rationality and feasibility, so, in practice, should not be completely deny the legitimacy of this kind of “acquisition” mode.According to the law firm, the expropriation should be carried out in strict accordance with the law. The expropriation of houses on state-owned Land is based on the Regulations on Expropriation and Compensation of Houses on State-owned Land, which stipulates the legal expropriation procedures and the legal expropriation compensation standards.The government entrusts state-owned companies to “purchase” houses, which I believe is an act of evading legal procedures and should not be supported.Just like some developers directly signed a compensation agreement with the expropriated, some developers to the compensation is obviously higher than the legal standard, indeed to a certain extent to give the expropriated more adequate compensation resettlement, but also accompanied by risks, once the developer goes bankrupt, how to protect the rights and interests of the expropriated?No matter how high the compensation can’t be cashed, isn’t it just a “blank check”?In my opinion, since the law clearly stipulates the expropriation procedure, it should be strictly implemented, and the government’s implementation of expropriation can better protect the legitimate rights and interests of the expropriated.