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No. 3 of Ten Model Cases Involving Housing Expropriation, Dismantlement, and Relocation Tried by People's Courts as Issued by the Supreme People's Court: He Gang v. People's Government of Huaiyin District, Huai'an City for a Decision on Housing Expropriation and Compensation
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最高人民法院发布征收拆迁十大典型案例之三：何刚诉淮安市淮阴区人民政府房屋征收补偿决定案
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【法宝引证码】
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| No. 3 of Ten Model Cases Involving Housing Expropriation, Dismantlement, and Relocation Tried by People's Courts as Issued by the Supreme People's Court: He Gang v. People's Government of Huaiyin District, Huai'an City for a Decision on Housing Expropriation and Compensation | | 最高法发布征收拆迁十大典型案例之三：何刚诉淮安市淮阴区人民政府房屋征收补偿决定案 |
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| 1. Basic Facts | | （一）基本案情 |
| On October 29, 2011, the People's Government of Huaiyin District, Huai'an City, Jiangsu Province (hereinafter referred to as the “Government of Huaiyin District”) issued an Announcement on Housing Expropriation Decision and decided to implement expropriation of housing and the appurtenances thereof within the red line areas of the old city reconstruction project located at Yinchuan Road East. On the same day, the Government of Huaiyin District issued a Compensation Scheme for Housing Expropriation in the Plot Located at Yinchuan Road East and the housing of He Gang located at No. 205 room of No. 3 building to the north of Huanghe Road, Huaiyin District, Huai'an City was within the aforesaid scope of expropriation. Upon appraisal, the unit price of the residential housing to be expropriated of He Gang was 3,901 yuan per square meter and the unit price of the housing for business purpose was 15,600 yuan per square meter. In the process of negotiation on compensation for housing to be expropriated, He Gang presented to the expropriation department that he would select the exchange of titles, but both parties failed to reach an agreement on the place and area under the exchange of titles. On June 14, 2012, upon application of the expropriation department, the Government of Huaiyin District issued a Written Decision on Housing Expropriation and Compensation (No. 01 [2012], People's Government, Huaiyin), the main content is: the floor area of the housing to be expropriated of He Gang was 59.04 square meters and the design purpose of the housing was for residential and commercial use. Since both parties to expropriation failed to reach a compensation agreement within the time limit of signing the agreement as set in the expropriation and compensation scheme, the Government of Huaiyin District made a decision on housing expropriation and compensation that: (1) the monetary compensation for the owner subject to expropriation was 607,027.15 yuan in total; and (2) the owner subject to expropriation, He Gang, should move within seven days upon receipt of the decision. He Gang refused to accept the decision and filed an application for administrative reconsideration with the People's Government of Huai'an City, which afterwards made a reconsideration decision to affirm the decision on housing expropriation and compensation in this case. He Gang still refused to accept the decision made upon reconsideration, filed an administrative lawsuit with the court, and requested the court to reverse the decision on housing expropriation and compensation as issued by the Government of Huaiyin District. | | 2011年10月29日，江苏省淮安市淮阴区人民政府（以下称淮阴区政府）发布《房屋征收决定公告》，决定对银川路东旧城改造项目规划红线范围内的房屋和附属物实施征收。同日，淮阴区政府发布《银川路东地块房屋征收补偿方案》，何刚位于淮安市淮阴区黄河路北侧3号楼205号的房屋在上述征收范围内。经评估，何刚被征收房屋住宅部分评估单价为3901元/平方米，经营性用房评估单价为15600元/平方米。在征收补偿商谈过程中，何刚向征收部门表示选择产权调换，但双方就产权调换的地点、面积未能达成协议。2012年6月14日，淮阴区政府依征收部门申请作出淮政房征补决字［2012］01号《房屋征收补偿决定书》，主要内容：何刚被征收房屋建筑面积59.04平方米，设计用途为商住。因征收双方未能在征收补偿方案确定的签约期限内达成补偿协议，淮阴区政府作出征收补偿决定：1.被征收人货币补偿款总计607027.15元；2.被征收人何刚在接到本决定之日起7日内搬迁完毕。何刚不服，向淮安市人民政府申请行政复议，后淮安市人民政府复议维持本案征收补偿决定。何刚仍不服，遂向法院提起行政诉讼，要求撤销淮阴区政府对其作出的征收补偿决定。 |
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