The accident commandeers the personal property Why cause the public to worry

The accident commandeers the personal property Why cause the public to worry


A few days ago,>(hereafter referred to as " draft ") Having finished drafting, among them stipulate, the government above county level, in order to tackle the accident, can take over the property of unit and individual for use in accordance with the law if necessary. The full text of this " draft " is announced in the information network of the legal system of Sichuan Government, cause public general concern and worry immediately. Some people think, it means one's own property will not be returned to take over for use, also someone fears that taking over for use will occupy citizen's legal excuse of private property as some local governments, there are some people to can obtain after requisitioning " Rational compensation " Worry.
-It is legal what is meant by " Take over for use "
It means because the government rushes to deal with an emergency, provides disaster relief etc. to need promptly, according to authority and procedure of the legal provision to take over for use, the behaviors of temporary applying unit, personal property. The right of eminent domain comes from our country's constitution and real right law, clear regulation that the accident dealt with relevant laws such as the law,etc.. According to the above-mentioned regulation, take over the condition that the behavior should accord with several respects for use: First of all, after prerequisite that right of eminent domain exercise happen accident, for rush to deal with an emergency, provide disaster relief, need promptly; Secondly, take over the behavior for use and must be rigorously enforced according to authority and procedure of the legal provision; Third, the range taken over for use includes meeting an urgent need and rescuing the necessary apparatus, facility, field, means of transportation and other goods and materials; Fourth, the property taken over for use should be returned to obligees after using, if the property is damaged, missing, should offer obligees rational compensation.
So, just in the constitution for " draft " and " the accident of Guangdong Province deals with the regulations " already implemented on July 1 this year issued in Sichuan Province, law of real right and accident are dealt with on the foundation of the law, according to respects such as the prerequisite, procedure of taking over of local detailed conditions for use to meeting an urgent need and compensating,etc. further thinning regulation that is made.
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