Ying Ting Information

When facing land acquisition and demolition, many people being expropriated and demolished consult land acquisition and demolition lawyers about legal issues related to land acquisition and demolition because they do not understand the legal provisions. State Council Order No. 590 has made clear provisions, especially the following five articles. If there are discrepancies in land acquisition and demolition, the demolished households can safeguard their rights according to law!
1. Article 19 of State Council Order No. 590 - Compensation standards.

In the event of demolition, how can the compensation be fair and reasonable?
Article 19 of State Council Order No. 590, regarding "compensation standards", similar real estate refers to real estate that is the same or similar to the location, purpose, nature of rights, grade, age, scale, building structure, etc. of the expropriated house;
The market price of similar real estate refers to the market price of real estate similar to the expropriated house at the time of valuation.

Therefore, the compensation that the expropriated person should receive should not be lower than the market price of the same type of real estate assessed according to the law, that is, at least "one expropriated to compensate for one." If monetary compensation is implemented, the expropriated person can purchase a house with the same location, area, purpose, and building structure on the market. This is reasonable. If the property rights are exchanged, at least 1:1 of the value of the house must be guaranteed, not just 1:1 of the area.

Article 19 of Order No. 50 establishes a system of not lower than the market price of similar real estate. In practice, if the compensation is significantly lower than the market price, it is unreasonable and illegal compensation and requires further protection of rights.
2. Article 20 of State Council Order No. 590 - Selection of assessment agencies
The law gives the expropriated person the right to choose an assessment agency.

According to regulations, the assessment agency shall first be determined by the expropriated person through negotiation. If the negotiation fails, the appraisal agency shall be determined by majority selection and random selection.
The person being expropriated has the right to choose an appraisal agency, which is a very important point in reviewing whether the appraisal chain is legal. In practice, if the expropriator privately specifies the assessment results, or even interferes with the assessment agency's assessment activities, it is bound to be illegal.

3. Article 21 of State Council Order No. 590 - Compensation Methods
The law gives the expropriated the right to choose the compensation method. The expropriating party cannot only stipulate monetary compensation in the compensation plan, nor can it decide the compensation method without authorization when making the compensation decision. In addition, in practice, there may be behaviors such as allowing monetary compensation and arranging house property rights replacement.

However, the property rights replacement did not move back to the nearby area or the reconstructed area, but moved dozens of kilometers away. This made the expropriated people seem to have a choice, but in fact they did not choose such a form of compensation. It also caused the expropriated people to lose the right to choose the compensation method. This is a disguised deprivation of the expropriated person's right to choose the compensation method, and it is illegal.

Our law firm handles many complex dispute cases in the field of administrative litigation and has a profound theoretical foundation and practical experience. Use solid legal knowledge and theoretical literacy to study a series of legal issues in administrative litigation, and have accumulated rich experience in handling cases in many aspects such as house demolition disputes, agricultural land expropriation and conversion disputes, illegal construction disputes, administrative agreements, administrative promises, land rights confirmation, land contract contracts, civil contracts, etc. We always practice the concepts of rigorous, realistic, civilized and just rule of law and strive to safeguard the legitimate rights and interests of our clients.

4. Article 27 of State Council Order No. 590 - Compensation first and then relocation, and violent relocation and illegal forced relocation are prohibited.
Article 27 of Decree No. 50 mainly relates to the resettlement of expropriated persons. On the one hand, it emphasizes the need to "compensate first and then relocate". On the other hand, it points out that forced relocation by various illegal means is prohibited. "Compensation first, then demolition" is the legal principle of demolition, and it is also the right granted by law to the expropriated persons.

When the expropriating party implements part of the expropriation project, regardless of whether the two parties reach an agreement, it should first provide substantial compensation to the expropriated people. After the basic life and survival rights of the expropriated people are guaranteed, the expropriated people are required to relocate in accordance with the law. Forced relocation without compensation is definitely illegal. As an expropriated person, if the expropriated party does not provide full compensation or does not provide a house for property rights exchange, you must use legal weapons to protect your legitimate rights and interests!

At the same time, the law strictly prohibits any act of forcing the expropriated people to relocate. However, the fact is that in order to achieve low costs and speed up the demolition process, expropriators often resort to unscrupulous means to force demolition, knowing and violating the law. Judging from the demolition practice in various places, the common form of forced demolition is water and power outages, which affects the daily life and production and business activities of the demolished people.

When encountering the illegal act of forced relocation due to water and power outages, the expropriated person can first focus on collecting three types of evidence
One type is evidence that the house has been included in the scope of expropriation, such as the announcement of the expropriation decision;
The second is written materials or recordings that can prove that the expropriated party has stated that water and power supply will be cut off, such as a construction notice informing the expropriated party that water and power supply will be cut off due to construction;
Third, behavioral evidence proving that the relevant parties have indeed cut off, such as photos and videos of damaged or dismantled pipelines of water supply and power supply facilities.

With the evidence base, we can file lawsuits against violations. On the one hand, we need to restore water supply and compensate for losses;
On the other hand, we need to be alert to the expropriation parties for forced demolition in accordance with the law, and negotiate with sincerity on issues such as compensation.
5. Article 28 of State Council Order No. 590 - Forced Relocation According to this article, only judicial demolition is the legal act of demolishing legal buildings.

Certain conditions must be met to initiate judicial demolition:
First, if the expropriated person does not apply for administrative reconsideration (within 60 days) or file an administrative lawsuit (within 6 months) within the legal period, the law will consider that there is no objection to compensation;
Second, the expropriated person failed to relocate within the time limit specified in the compensation decision;
Third, the people's governments at the city and county levels applied to the People's Court for compulsory execution in accordance with the law, and the People's Court has made an administrative ruling for compulsory execution.

Obviously, administrative agencies do not have the authority to decide on their own to force demolition
Except for judicial demolitions, all demolitions are suspected of being illegal, such as "assisted demolition", "clandestine demolition", "accidental demolition", etc. If the person being expropriated encounters illegal demolition, he should call the police as soon as possible and collect on-site evidence. He should promptly prosecute to confirm that the demolition is illegal, and then he can seek dialogue and negotiation to resolve the compensation issue or further apply for administrative compensation. If you want to know more about this, you can consult an administrative litigation lawyer on this site for one-on-one online consultation.

The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail.