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Compensation standard for demolition of leased factory buildings
Under normal circumstances, the compensation standard for the demolition of leased factories should be decided according to the actual situation. When signing the lease agreement, it is agreed that in case of demolition, both parties will have compensation. If you only rent the land, you can get compensation for the replacement price of the factory building, the loss of production and business suspension, the decoration accessories, the relocation expenses of machinery and equipment, etc. Only the factory building is leased, so the compensation for land and factory building does not belong to the lessee. But the actual operator can get the loss of production and business suspension. Legal Basis: Provisions of the Supreme People's Court on Several Issues Concerning Handling Cases of Applying to the People's Court to Execute the Decision on Expropriation and Compensation for Houses on State-owned Land Article 1 A case applying to the People's Court to execute the decision on expropriation and compensation shall be under the jurisdiction of the grassroots people's court where the house is located, and the higher people's court may decide the jurisdiction court according to the local actual situation. Article 2 To apply to the people's court for compulsory execution, in addition to the application for compulsory execution and the attached materials as stipulated in Article 28 of the Regulations, the applicant shall also provide the following materials: (1) the decision on expropriation compensation, relevant evidence and the normative documents on which it is based; (two) the compensation decision, the reminder and the certificate of service of the opinions of the expropriated person and the directly interested person; (3) Social stability risk assessment materials; (4) The condition of the house under compulsory execution; (5) The name and address of the person subjected to execution and the property status related to execution; (6) Other materials required by laws and administrative regulations. The application for compulsory execution shall be signed by the person in charge of the application organ, stamped with the seal of the application organ and dated. The application for compulsory execution shall be filed within three months from the date of expiration of the legal prosecution period of the person subjected to execution; If the application is overdue, the people's court will not accept it unless there are justified reasons.