Legal information

Article introduction: How is the decision to levy the tax made? If the person being expropriated has objections to the expropriation, what should be done?

1. Municipal and county-level governments make unified expropriation decisions on land and houses within a certain range.

The Expropriation and Subsidy Regulations do not clearly stipulate whether the expropriation decision made by the municipal and county-level governments should be made for all the expropriated persons on the expropriated land, or for each household. It also does not clearly stipulate the specific style of the expropriation decision. Judging from the logic of the provisions of the "Regulations on Expropriation and Compensation", all houses on the land will be expropriated as a whole, rather than each household separately: that is, the city and county-level governments will only make a single expropriation decision to expropriate all the houses within the expropriated area; only when the compensation decision is made, it will be made and delivered to each household one by one. Article 12 of the "Regulations on Requisition and Subsidy" and other regulations and common practices also confirm this mode of operation.

2. Expropriation and compensation are separated. If the expropriated person is dissatisfied with the compensation plan, he or she may file a reconsideration or lawsuit.

According to Article 14 of the "Regulations on Expropriation and Compensation", those who are expropriated are dissatisfied with the expropriation decision and have the right to initiate reconsideration and litigation accordingly. This also follows the customary practice of rural collective land expropriation. The Yingting demolition team learned that the advantages of overall single expropriation are high efficiency and convenience, which is conducive to the overall advancement of the expropriation work, the separation of expropriation and compensation, and is also conducive to "persuading and mobilizing" the expropriated people to accept compensation, which is more in line with the current national conditions where urban construction efficiency is prioritized. However, the shortcomings are also very obvious. Since the situation of each expropriated person and each house is different, whether they all meet the conditions for expropriation varies: it may be that most houses are in compliance with the regulations, but it does not exclude the expropriation of individual houses (such as historical relics), which may not meet the regulations.

3. When the expropriated person applies for reconsideration or files a lawsuit, the legality of the overall expropriation decision and all houses must be reviewed.

At the same time, when the expropriated person applies for reconsideration and files a lawsuit, it will inevitably bring about the problem of determining the objects of reconsideration and judicial review: even if only a few expropriated persons are dissatisfied with the expropriation decision, the reconsideration agency and the people's court must review whether the overall expropriation decision is illegal and need to evaluate the legality of all the houses involved in the overall expropriation decision.

4. The expropriated person must refer to the relevant provisions of the Civil Procedure Law when applying for reconsideration and filing a lawsuit.

After an individual expropriated person applies for reconsideration and files a lawsuit, for the claims of other expropriated people, it may also be necessary to refer to the relevant rights holder registration and announcement procedures in the Civil Procedure Law, and require other people to participate as a group lawsuit; otherwise, it will not be conducive to protecting the rights of the expropriated people who have not filed a lawsuit within the scope of expropriation to obtain corresponding relief. Ying Ting believes that this will also bring about the issue of the qualifications of the plaintiff for the entire expropriation decision, the scope of judicial review, the qualifications of other expropriated rights holders as the subject of litigation, and the scope of the res judicata of the effective judgment. Answers and solutions to these questions will inevitably vary depending on the circumstances of the expropriated person.

5. For expropriation and compensation work, make an overall plan and treat it differently.

Making an expropriation decision for the expropriated persons of the same land expropriated as a whole, unifying and abstracting it is not only detrimental to the protection of the procedural rights of the expropriated persons in the expropriation procedure, but also conducive to the orderly conduct of subsequent relief procedures, and brings a series of difficulties to judicial review. When the "Regulations on Expropriation and Subsidy" are revised, the content and form of the expropriation decision should be improved: that is, the expropriation decision should be made and sent to each house within the expropriation scope one by one, and the individuality of the expropriation decision should be clarified.

Yingting reminds you:

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 cannot reach an agreement with the expropriation and demolition party, please contact a professional expropriation and demolition lawyer as soon as possible to find a solution.