Legal information

Introduction to the article: The most difficult road to walk in 2019 is your routine. This sentence is undoubtedly the deepest feeling for all the demolished people. Because the demolition situation is complex, the benefits are huge, and it involves the future of a family and a company. Therefore, based on the experience of working on the front line of demolition rights protection for many years, Ying Ting has summarized 10 common illegal demolition phenomena for everyone. Which one have you encountered?

1. They ask you to relocate, forcibly demolish your house, and do not show you the land acquisition approval document and expropriation notice, or there is no land acquisition approval document at all.

According to the provisions of the Land Management Law, any unit or individual needs to use state-owned land for construction. What we often call “expropriation” is actually divided into “expropriation” and “collection”. Houses on state-owned land are taken back, while houses on collective land are “expropriated” and then the land transfer fee is paid to convert the collective land into state-owned land. This process is impossible without land acquisition approval. Of course, based on this point, land acquisition usually requires a land acquisition approval document.

2. Before demolition, demolish illegal and dangerous buildings first, turning good houses and good areas into "dangerous houses" and "shantytowns".

1. Whenever we encounter illegal or dangerous demolition, expropriation and demolition are often followed. Many expropriating parties use these names to carry out forced demolitions in order to reduce compensation. When a house is deemed to be an illegal construction for various reasons, many demolished people feel that they are at a disadvantage and have no choice but to accept it. In fact, they do not know that this is a common trick and method used by the demolition parties. Therefore, if you encounter this phenomenon, you should first ask a professional lawyer to determine whether your house is illegally built. If it is indeed illegally built, can you avoid being demolished by applying for replacement procedures and obtain corresponding compensation.

2. In practice, since the value of houses in shantytowns may be relatively low, the amount of compensation may also be lowered. Therefore, you should first determine whether your house that is classified as a demolition house is a house in a shanty town. Let’s look at whether the demolition procedures are carried out strictly in accordance with the regulations on the expropriation and compensation of houses on state-owned land. Sometimes, demolition parties will illegally demolish houses on the grounds of shantytowns. When you are notified that the area where your house is located is about to be transformed into a shanty town, you should take photos of the inside and outside of the house in advance and save them.Before demolitionevidence. When a house is demolished, the scene of the demolition should be photographed and all original evidence (photos and videos) should be preserved. If necessary, you can call to report the crime and record the crime at the same time as evidence of being forcibly demolished.

3. Not soliciting opinions, not conducting hearings, and not informing the expropriated and demolished parties of their legal rights to relief.

1. Demolition hearing refers to the behavior in which the house demolition department organizes relevant personnel to participate and listen to the statements, defense and cross-examination of the demolition parties on issues related to forced demolition. So, can it be demolished without going through the hearing process? In a case handled by Dong Guonv, a lawyer from the Yingting Demolition Group, the expropriation party failed to conduct a hearing and was sentenced to "revoke the government's expropriation decision." The evicted person won the lawsuit. This case became the first case in which the Tianjin High Court revoked a house expropriation decision.

2. Regarding forced demolition, the house demolition management department organizes a hearing on forced demolition of houses, announces the time, location, method, etc. of the hearing to the public 7 days before the hearing, and at the same time serves the "Notice of Hearing on Forced House Demolition" to the relevant persons in the hearing. If the demolisher applies for administrative compulsory demolition, the housing demolition management department will accept the application if it meets the conditions, and organize the demolition parties and relevant personnel to conduct a hearing before applying to the people's government at the same level for administrative compulsory demolition. Participants in the hearing on forced house demolition include the parties involved in the demolition, the personnel handling the original house demolition ruling and other relevant personnel. Relevant management departments and representatives with social credibility may also be invited to participate.

4. They ask you to sign a blank agreement and do not give you the original settlement compensation agreement.

Don't believe verbal promises easily. Formal notifications in writing are much more powerful evidence. It is necessary to keep the original of the demolition compensation agreement and refuse to sign or fingerprint the blank agreement. If you are afraid that the original compensation agreement will not be provided to you, you can use your mobile phone to take a photo of the agreement when signing the agreement and use it as one of the pieces of evidence.

5. Forced demolition before compensation violates the principle of “compensation first, relocation later”.

1. Forced demolition, illegal land acquisition and demolition procedures, and demolition first and then compensation are typical forms of illegal demolition. Once a house is violently demolished, try to take photos to collect evidence, mainly taking pictures of the leadership and the demolition process. This will be very helpful for subsequent legal proceedings, identifying the subject of the demolition, confirming the behavior of the demolition, and even applying for state compensation. Once the demolition has occurred, it cannot be undone. At this time, only by safeguarding rights through legal means can the loss be compensated as much as possible.

2. According to Article 27 of the Regulations on House Expropriation and Compensation on State-Owned Land, "House expropriation shall be carried out first with compensation and then with relocation. After the city or county-level people's government that made the decision on house expropriation compensates the expropriated persons, the expropriated persons shall complete the relocation within the relocation period stipulated in the compensation agreement or determined in the compensation decision. Ying Ting believes that no unit or individual may use violence, threats, or illegal methods such as interrupting water supply, heat supply, gas supply, power supply, and road access to force the expropriated persons to relocate. Construction units are prohibited from participating in relocation activities."

3. Illegal land acquisition and demolition procedures are also common. In the early stage of land acquisition and demolition, the government must issue corresponding demolition documents, which cover demolition cost compensation, demolition events, and farmers' relocation and resettlement events, etc. Legal land acquisition procedures should include: notification of land acquisition status, land acquisition investigation and confirmation, letter notification of land acquisition status, notification of land acquisition hearing, organization of land acquisition hearing, etc. The demolishing party must perform the following legal obligations before compulsorily demolishing the house, including explaining the reasons for the demolition of the house, urging the parties to perform their obligations in advance before the administrative agency makes a decision on compulsory execution, and the obligations that the demolishing party must perform before compulsorily demolishing the house.

6. Pre-signed agreement traps increase legal risks.

There are at least three legal risks in signing a "pre-signing agreement" with the collector. Including restrictions on rights and remedies, risks in the performance of the agreement, and no actual payment of compensation before the agreement takes effect.

1. If a "pre-signed agreement" is signed with the expropriating party before the expropriation decision is made, once this agreement comes into effect, it will have legal effect and form a relationship of rights and obligations. If the compensation is also paid, the house will be vacated and moved within a time limit. If the house is not moved, the house may be forcibly demolished by the court. After a formal expropriation decision is made, if others are dissatisfied with the expropriation decision, they can negotiate terms with the expropriating party, or they can apply for administrative reconsideration and file an administrative lawsuit. However, as an expropriated person who has signed a "pre-signed agreement" and received compensation, he can no longer seek legal relief for this matter.

2. To vacate the house, the original house will be demolished, and the expropriated person will need a temporary place to live. Therefore, resettlement transition fees must be paid. Whether the agreement can be fulfilled in time and whether the resettlement transition fee can be paid on time are all issues that need to be faced.

3. According to the opinions on the reconstruction of the old city, no compensation will be actually paid and housing will be provided before the expropriation compensation agreement takes effect. There are quite a few projects with pre-signed expropriation agreements that stipulate that no compensation will be actually paid and housing will not be provided before the pre-signed compensation agreement takes effect.

7. Small batches will be used to occupy more, and those who have not been approved will be taken first.

In the process of representing many cases, we found that many expropriators made a fuss about "less batches and more possessions" and "breaking them into parts".

8. Use land acquisition for public interests as a cover and actually use it for commercial development.

1. There have been some abuses of social and public interests in land expropriation. Land expropriation refers to the legal act in which the state converts land collectively owned by farmers into state-owned land for the sake of public interests in accordance with the procedures and authority prescribed by law, and provides reasonable compensation and proper resettlement to rural collective economic organizations whose land has been expropriated, as well as to farmers whose land has been expropriated. Land cannot be expropriated for commercial development! It must be levied for the needs of social and public interests!

2. Paragraph 3 of Article 10 of the Constitution stipulates: For the needs of public interests, the state may expropriate or expropriate land and provide compensation in accordance with legal provisions. Article 42 of the Property Law stipulates that for the needs of the public interest, collectively owned land and units, individuals' houses and other real estate may be expropriated in accordance with the authority and procedures prescribed by law.

9. The illegal act of renting instead of collecting taxes.

"Expropriation by rent" refers to the act of converting agricultural land into construction land without authorization and paying a fixed monthly rent to the expropriated person. This method not only circumvents the legal conversion of agricultural land and land expropriation approval, but also avoids the legal obligations of paying taxes and fulfilling the balance of farmland occupation and compensation. The "Notice on Strengthening Issues Related to Land Adjustment" stipulates that it is prohibited to use agricultural land collectively owned by farmers for non-agricultural construction through "renting in lieu of expropriation" and other methods, and to expand the scale of construction land without authorization. If the approval of the conversion of agricultural land is not processed in accordance with the law, and state agency staff approves land construction through "renting instead of expropriation" or other methods, it is an illegal land grant, and the responsible person will be held legally responsible.

10. Use old laws, previous compensation standards, and previous legal documents to deceive the demolished people and give them less compensation.

According to the Regulations on the Expropriation and Compensation of Houses on State-Owned Land, urban house expropriation should be compensated with reference to the market value of similar houses on the date the house expropriation decision is issued. Land expropriation must ensure that farmers’ original living standards are not reduced and their long-term livelihoods are guaranteed. The land price standards for comprehensive land acquisition areas should be updated every 3-5 years. If the previous compensation standards are used to compensate for the current expropriation projects, the compensation may be less, thus damaging the legitimate rights and interests of the expropriated and demolished people.

11. Make a fuss about selecting evaluation institutions and evaluation methods.

1. According to the relevant provisions of laws and regulations such as my country's "Regulations on the Expropriation and Compensation of Houses on State-owned Land", "Measures for the Expropriation and Assessment of Houses on State-owned Land" and "Urban Land Valuation Regulations", expropriation compensation should follow the principle of timely compensation and the principle of fair compensation.

If urban land and houses are used for public interests, the municipal and county people's governments should implement expropriation and demolition in accordance with legal procedures and content, and professional evaluation agencies should evaluate the real estate and other properties involved.

2. When appraising real estate, the location and use of the expropriated real estate should be based on the factors that affect the value of the expropriated real estate and the local real estate market conditions. Valuation methods such as market method, income method, cost method, and hypothetical development method should be comprehensively selected to evaluate the value of the expropriated real estate. The evaluation results should be reasonably determined, and compensation should be made on this basis. When corporate factories, shops, hotels, restaurants and other businesses face land acquisition and demolition, they must not only consider the evaluation of fixed assets such as real estate, but also consider the issue of compensation for losses caused by suspension of production and business.

3. Real estate evaluation methods include: market method, income method, cost method, hypothetical development method, etc. Among them, the cost method evaluation method can be said to have the lowest compensation. In order to reduce the amount of compensation, some demolition parties certainly hope to use the cost method. If the expropriated and demolished houses generate income, they must be evaluated using the income method.

Yingting reminds you:

1. If the demolished persons have objections to the assessment report, they should apply for review in a timely manner. They can also ask a lawyer to intervene in the assessment process and participate in negotiations. The demolished person can ask a professional demolition lawyer to intervene in the evaluation. Both parties will bring evaluators from the evaluation agency to negotiate on the details of the evaluation, the evaluation results and the amount of compensation. With the professional knowledge, professional experience and negotiation skills of lawyers, we can obtain the compensation they deserve for the demolished people.

2. According to the relevant laws and regulations of our country, the expropriated and demolished persons can file an administrative review within 60 days of receiving the expropriation decision, expropriation compensation decision and other specific administrative actions, and file an administrative lawsuit within 6 months. If your house is forcibly demolished, you must file a lawsuit to defend your rights within 6 months of knowing the date of demolition. Some relocated households will petition, but petitioning is not a legal channel, and no matter how long the petition lasts, it does not constitute a reason to interrupt the time limit for prosecution. Many people who were demolished were delayed in filing petitions and missed the statute of limitations. Even if they sued, the court would not accept it. Even if you find a lawyer, there is nothing you can do to help you! In practice, no matter how you report the situation to your superiors, report it to local staff, or visit everywhere, you can't actually solve the problem. What you only waste is your precious time to protect your rights and interests! If you are unable to reach an agreement with the expropriation and demolition party, please contact a professional expropriation and demolition lawyer as soon as possible to seek a solution.