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Anshan Yuhua floor demolition incident investigation
- The Government's overall demolish dangerous buildings line the alleged expropriation, demolitions of the real
Staff reporter / Shengxue You
[REVIEW] Anshan Yuhua floor commercial city uses only 17 years, it was the government to "dangerous" total removal. Facing the new square underpriced compensation and removal of the lot is for work to start, wondering Yuhua floor original owners can not unlock the hearts. To this end, the reporter rushed to the field to investigate.
Located in the downtown area Tiexi District Anshan Yuhua floor commercial city (hereinafter referred to as Yuhua floor), the government Tiexi District, Anshan City, Liaoning Province, forced removal on the grounds that the building belongs to the dangerous after identification, must be dismantled as a whole.
Yuhua whole building was demolished a year later, August 20, 2013, Suning Life Square project broke ground in the plots.
Before the land started, there Yuhua building owners complained to the media, its own commercial outlets houses Tiexi District Government forced removal, has not been fair compensation according to law. Yuhua floor commercial city government as a whole needs to demolish dangerous buildings in the name of the row houses and forced expropriation of real demolition.
Owner of complaints
Yuhua floor owner named Wang complained to the media width. According to him, Tiexi District Government demolitions Yuhua floor, resulting in huge losses. The demolitions, related to its three real estate, an area of 80 square meters, 300.08 m2, 463.13 square meters, respectively, in Yuhua 3rd Floor, Building 4 unit, 1 unit 5 layers,http://www.tgk-haiyang.com/forum.php?mod=viewthread&tid=375132&fromuid=7164, are private houses, with legal certificates of title. At the same time, he also Yuhua floor leased more than 7600 square meters of outlets, with their own property outlets 843.21 square meters, a total of 8,443.21 square meters, used for operating dance hall, baths, theaters, restaurants, auditorium and other projects. In 2008, when its business peaked, employees up to more than 180 people.
Wang is still wide complaint letter said, March 9, 2009, Yuhua floor suddenly water and electricity, leading to business closure. May 18, 2012, Yuhua whole building was demolished. Wide Wang believes the government without consultation, sudden water and electricity, 3 years after the demolitions, its huge losses. "Dot compensation for decoration only 1.96 million yuan to me. In fact, more than 8440 square meters outlets fitting models up to thousands of yuan."
Yuhua House was built in 1992 by the Anshan Blue Group, Anshan City Commercial Network Development Corporation (hereinafter referred to as the network company) joint development and construction, Anshan City Architectural Design and Research Institute design, Anshan First Construction Company (hereinafter referred to as a building company) construction buildings.
After the completion of Yuhua floor, sold some houses, many buyers including Wang handled a wide, including certificates of title. If buyers can apply for ownership certificates according to the law, explained Yuhua building projects have been completed and acceptance. It is impossible for property titles.
Wang wide view, Tiexi District Government demolitions, in essence, to Yuhua floor is dangerous overall removal requires the name of the line collection, demolitions in reality.
August 2, 2013, Tiexi District TanQian Office staff are assigned interviewed Wang Song of correspondents.
Wang said of the wide network of its own real estate in which the floor area and rental outlets area and Tiexi district government agreed to settle their rent losses 1.27 million yuan, more than 50 million outlets care costs, Tiexi District Government said it had "to be confirmed . "
According to reports, Yuhua floor for the podium, is divided into seven units,scarpe hogan, uses are: 1 to 4 units of five-storey building, most of the outlets after the sale, buyers for the business premises; unit 6 is three House, mainly substations, heat transfer stations and other public facilities space; 7 units on three floors of the blind farmer's market; the 5th unit, 28-story building originally planned, but construction is not built into the nine-story .
Yuhua floor landmark building is one of Tiexi District, good location, in Tiexi District, Anshan City, a prime location, close to Renmin Road and West Kowloon Street, once very popular.
Owners of many doubts
Some owners of interview with our correspondents, there are many doubts on the overall removal and compensation and other issues Yuhua floor -
Doubt one: a schedule, or dangerous?
On the move West District Office staff introduced Wang Song, January 29, 2008, Anshan City Construction Project Quality Supervision Station of Yuhua floor for testing, identified as grade C dangerous, it is recommended to immediately stop using. March 9, 2009,http://119.145.71.162/home/space.php?uid=5&do=blog&id=12389, Yuhua floor without water power, because Yuhua floor has stopped using. April 5, 2012, the Office of Housing safety appraisal Anshan Yuhua floor of detection, identified as D level dangerous, recommend timely removed.
Wang Song told reporters, Yuhua floor is concrete structure. After identification,louboutin outlet milano, it has been dismantled to the extent necessary, without any restoration of value.
While the government says there is a housing safety appraisal report, but said Yuhua floor is dangerous, owners firmly opposed. He worked in leadership positions in any of the network company Yuhua floor Owner description, Yuhua floor is frame structure, bearing reached 1000 kg per square meter. Yuhua floor in the building, construction quality supervision station for tracking the quality of supervision. According to relevant laws and regulations, the building service life is 70 years of commercial outlets. So, that dangerous it does not exist. If the building is on schedule Yuhua passable. If that is dangerous and requires a whole demolition, this fact does not exist.
Owners said schedule means that the unfinished construction of the fifth unit. When a construction company to build five units built to 9 layers,http://www.ciscoclub.com.cn/home.php?mod=spacecp&ac=blog&blogid=, found three layers of concrete with the wrong label, there has been mass incidents. For this reason, construction companies and construction square side outlets a construction company playing a lawsuit. Finally, the construction side won. At that time, because of the construction side (state-owned company) money is tight, 5th floor unit did not go on longer continue to build five units will become later some people are talking about on schedule. Later, the Blue Group, the network company restructuring of private enterprises.
In addition to 5 units, floor the other units are in normal use, and business is booming all business operators,http://zazna.com/selection/index.php?item/create_form/1, many owners are also handled a title certificate. "Built from 1995 to 2012 using the building as a whole demolition, also used seventeen eight years, simply can not be dangerous." One owner said.
Owners also wondered:
First, according to the "Urban dangerous building regulations", apply for housing identified, it should be house owner or user. So far, they do not apply to any building appraisal department, but do not know the house identified thing.
Second, when January 29, 2008 Yuhua building was identified as C-level dangerous, Tiexi district government did not take identification documents public, publish,http://www.yz11xiao.com//review.asp?NewsID=983&page=2/index.asp/index.asp/index.asp/index.asp, nor the owners promptly issued a dangerous building notice, the owner's right to know is deprived.
Third, when the April 5, 2012 Yuhua building was identified as D-level dangerous, Tiexi District Government just issued a summon notice eliminate potential hazards, and the owner did not timely publication of identification documents, depriving the owner's right to know.
Fourth, when identified, should be present owners, but the owners did not know the building appraisal of the matter, denied the right to know and the right to question the owners and claimed requalification.
The owners have a fear that the local governments are imitating the practice after West District, the name of the overall need to demolish dangerous buildings banner to the line collection, in fact, the demolitions, and ultimately harm not only the immediate interests of the people, as well as "the right to People use, benefits for the people, love the people, "the party and the government's image.
Doubts II: loss of water and electricity due to how to compensate?
Owners said that March 9, 2009, Yuhua floor suddenly water and electricity, "We are open, a little preparation and no." From the owners said the sudden water and electricity to 18 May 2012 forced removal, over three years. Outlets idle for 3-year loss, and how to compensate? Wide Wang said that from March 2009 to May 2012, its more than 8440 square meters of idle outlets 37 months, revenue losses of up to thousands of yuan. Cease losses caused by water and electricity, the government has no say, but did not give any compensation.
Wang Song, this explanation is that in 2008 the government to stop the use of Yuhua floor, so there is no loss of business problems. Wang said wide operating losses, depending on whether actually happened, because he does not come out to provide the basis, of course, can not support its argument.
Doubts III: compensation price is too low, on what basis?
Reflect the owners, Tiexi District Government to compensate the owners of the price from the fifth floor to the first floor of more than 3100 yuan per square meter to 7,000 yuan range, respectively. Owners believe that the compensation price is too low, the Government established the compensation price on what basis?
Owners about Yuhua floor area per square meter of retail price of around 20,000 yuan. Yuhua floor across a firm's owner, shop the local price per square meter of not less than 20,000 yuan.
Wang Song told reporters that the plots of land transfer of 80 million yuan, the compensation to the owners of more than 200 million yuan, net government pay 120 million yuan, "the price is the result of the assessment of compensation, we are also reported to the district, city collection bureau. "
Owners said: "What time is assessed on the basis of which unit to assess what the assessment is how to choose the rating agencies that we do not know all the owners are????."
When a reporter asked Wang Song to the above problems, he said he does not know is which unit of assessment, does not know how to choose the rating agencies, "Municipal Bureau levy assessment report." For owners of the house whether the assessment report delivered to the owners according to the law, Wang Song not sure. From 2009 to 2012, Yuhua floor which area house prices, retail prices are much, Wang Song said do not know.
Owners believe that because they do not know to evaluate this matter, according to the law of their right to choose assessment bodies are deprived of; and because the assessment had not seen the report, I do not know on what basis, how to assess that they apply for the right to review and re-appraisal is also deprived, "the government unilaterally assessment, called the government pricing."
Wang wide outlets houses 843.21 m2 own property,http://www.minjiekm.com/news/html/?165604.html, since May 18, 2012 to be forcibly removed, since five months a year, did not get compensation because the two sides can not negotiate compensation agreement. Wang wide view, the downtown area of shops by more than 3100 yuan compensation, even can not afford housing. Compensation retail outlets of their own houses, mutatis mutandis,http://nxbug.263.cc/forum.php?mod=viewthread&tid=6397889, the lot is similar to the real estate market prices, "at least 10,000 yuan per square meter ought to accept."
Four wondering: how the government administration according to law?
May 11, 2011, Tiexi District Government issued a wide outlets Wang housing demolition decision. Laws and regulations cited in the decision on the "People's Republic of China Administrative Enforcement Law" and "urban dangerous building regulations."
August 2, 2013, when a case provided instructions described in an interview with reporters Wang Song, Yuhua floor overall removal belong for risk, involving laws and regulations are "People's Republic of China Administrative Enforcement Law," "People's Republic of China Incident Response Act "" Urban Dangerous Building regulations "," Liaoning Province Production Safety Regulations "," Liaoning Province of major production safety accident investigation and management approach. "
Reporters reviewed the above laws, regulations, found that "Emergency Response Law", "Liaoning Province of major production safety accident investigation and management approach" and whether it is dangerous Yuhua floor, should overall removal "Liaoning Province Production Safety Regulations" and how compensation and other issues have no relevance.
Owners interview that, Tiexi district government based on "administrative enforcement" Yuhua floor of forced removal, but not strictly mandatory measures in accordance with the relevant provisions of the Act.
"Administrative Enforcement Law" Article 18 provides for the implementation of administrative enforcement measures ten provisions of the executive authorities, including the "Two more administrative law enforcement personnel," "notify the party scene," "listen to the statements of the parties and defense", "production on the scene "," Field shall be signed by the parties and law enforcement officers or sealed, party refuses, be noted in the transcript, "" the parties fail to be present, to invite witnesses to the scene, the witnesses and law enforcement officers at the scene signed or sealed "and so on the record.
Owners interviewed said they had seen no law enforcement officers to the scene to do what on the scene, "not to mention the statements and arguments we hear."
Based on "Administrative Enforcement Law" Article 36 stipulates that the administrative organ shall fully heed the opinions of the parties, the facts raised by the parties, grounds and evidence, should be recorded, for review. However, an interview with reporters owners about these rights over the executive did not give them.
In accordance with "Administrative Enforcement Law" stipulates that the parties do not apply within the statutory time limit for administrative reconsideration or bring an administrative lawsuit, nor performs administrative decision, the administrative organ shall apply for court for enforcement.
Wang Song said, whether to apply for court enforcement, "the leadership to ask." The Tiexi District Government has so far failed to come up with the relevant legal instruments, the proof is in accordance with the relevant provisions of the "administrative enforcement" to fulfill the statutory procedures.
According to local media reports, the government mobilized police, fire and other units more than 600 people, will Yuhua floor removed. Wang Song,scarpe louboutin outlet, this explanation is safe for the masses, only the use of police, fire, "In 2009, there had an accident, injured over the masses."
If the removal is dangerous, threatening people's lives and safety,http://bbs.cntvjs.com/forum.php?mod=viewthread&tid=3088713, it should be a very good thing, when people applaud, and should help the government maintain order fishes. If so, Tiexi District Government Xianzarenyuan why three out of defense to prevent to prevent outsiders from entering the street and dispatched it? Yuhua floor owners believe that "Tiexi district government so afraid of the owners to stop its practice demolitions."
Several owners about, they are coax or menace, "saying that no property rights exchange, only monetary compensation, sign sign had not split, do not sign not get compensation." Yuhua floor after removal, when lead compensation, the compensation agreement was signed, not to the original, "How can choice ah."
On the move West District Office promised an owner, as long as the agreement to take the lead,nike italia, give him according to 8000 yuan price compensation. As a result, after the owners signed an agreement to take the lead, only to 7063 yuan per square meter compensation, "later to find the relationship, only to to 7500 yuan."
Another owner in the 1990s to buy the first floor of Building 82 m2 Yuhua outlets houses, the purchase price of 3,800 yuan per square meter, no certificates of title. May 18, 2012, after overall removal Yuhua floor, but only by the government more than 50 square meters area of compensation, the compensation price is about 7,500 yuan, nearly 30 square meters of space that somehow "disappeared."
"Sign the agreement only receive compensation" of the owners believe that the removal or, levy or, but not harm the interests of the people.
Suning Plaza started construction of living
This reporter has learned, Yuhua building demolition, the lot construction project life Suning Plaza. The project was Tiexi District promoted as "one-stop commercial core, high-end urban complex" Tiexi District. Projects include electrical super flagship store, top shopping centers, recreation centers, five-star hotel, the central mansion, sky apartments.
The plots of land area of 18,670 square meters, land use period of 40 years. September 27, 2012, Suning Properties Limited and the government formally signed. August 20, 2013, planning construction area of nearly 90,000 square meters of Suning Life Plaza held a massive ceremony.
Suning Life Square on a project being promoted sensation, Wang Song answering questions from reporters Shique not know what the plots of land to build the project, the developers do not know which unit, "which by the municipal government to be, investment sector responsible for investment, we are only responsible for demolition, resettlement, compensation. "
Anshan Municipal Party Committee Propaganda Department attaches great importance to the reporters, the coordination arrangements Tiexi District relevant departments interviewed, but only arranged Tiexi District Office staff Wang Song TanQian interview. For the many questions raised by reporters, Wang Song answered mostly "do not know", "unclear", "remember," and able to answer them is not much. Written material prepared for the interview, but also a few hundred words. After the interview, Wang Song and call about a reporter to "talk together", "a thousand mountains to enjoy some beautiful scenery,nike pas cher," but was turned down reporters. Later, reporters Yue Fang Li Tian mayor, was too busy to refuse it.
For a more comprehensive and objective understanding of the situation, the reporter requested TanQian Tiexi District Office to provide "Yuhua floor for the C-level appraisal report dangerous," "House of D-level dangerous Yuhua appraisal report", "Yuhua BUILDIGN Security identification application "," Yuhua floor after the removal of the lot construction project approval, "" House of the network assessment report "," compensation package "," to compensate the owners of the decision "," water and electricity Notice "" law enforcement officers on the scene "," administrative law enforcement credentials on-site production record of law enforcement officers, "and" People's Court civil ruling, "and other materials. But as of publication of this writing, there is no comprehensive TanQian do provide such material.
Interests of the masses is no small matter. On the occasion of the nationwide party's mass line educational practice, the overall removal process Yuhua floor reflect the owners of some of the problems can be resolved? How to solve? When the solution? Articles will continue to be concerned about.
(From "Law and Life" fortnightly in November 2013 in the first half)
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發表於 2015-7-7 16:09:58
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