Legal information

Article introduction: Article 21 of the "Requisition and Compensation Regulations" follows the provisions of Article 23 of the "Demolition Regulations" and reiterates that "the expropriated person can choose monetary compensation or the exchange of house property rights." However, in practice, the following problems will arise and need to be solved. Essentially, the right of choice lies in the hands of the demolition households. It is against the law to force the demolition households to choose a certain form of compensation, or to mislead the demolition households in their choice through deception.

1. The adverse consequences of violating the right to choose.

In practice, some city and county-level governments only specify one compensation method in their compensation decisions. This approach not only infringes upon the expropriated person's right to choose, but may also cause the land user to pay higher compensation costs. Especially after the housing price rises significantly, the expropriating unit may be faced with the situation of purchasing houses at a higher price to provide the expropriated person with a choice. The Yingting Demolition Group learned that if demolishers and relevant administrative agencies illegally carry out demolition, resulting in the demolished people not receiving compensation and resettlement in accordance with the law for a long time, when housing prices rise, the demolished people and relevant administrative agencies have the obligation to ensure that the demolished people receive fair and reasonable compensation and resettlement. When the demolished person chooses to exchange the property rights of the house, if the demolisher and the relevant administrative agency do not have a suitable house to exchange the property rights, the demolished person shall be paid compensation based on the real estate market appraisal price of similar houses when the effective judgment is made. "

2. How to correctly give the expropriated person the right to choose.

The "Demolition Regulations" and the "Expropriation and Compensation Regulations" do not stipulate how the compensation decision should express the option of the expropriated person, and the practical practice is very confusing: some only generally inform the option in the expropriation and compensation plan but the specific content and method of selection are unclear; some limit the expropriated person to exercise the option within a certain period, and if it is not exercised within the time limit, the expropriating unit will make a decision; some set a reasonable period before making a compensation decision. Within a certain period of time, the expropriated people are informed that they have the right to choose, and the specific amount of monetary compensation and the specific identifiable information of the property rights exchange house are clearly informed. If they do not choose within a certain period, the compensation decision only states one compensation method; some also specify two compensation methods in the compensation decision, and at the same time specify the monetary compensation amount and the specific location and area of the property rights exchange house for the expropriated person to choose. The standards of judicial decisions are also not uniform. The right of the expropriated person to choose property rights exchange and monetary compensation must be respected; no matter what form it takes, whether written or oral notification, it must be based on the fact that the expropriated person can truly compare and screen, and make a rational choice on this basis. City and county-level governments cannot just abstractly inform the expropriated people that they have the right to choose, but should provide specific amounts of monetary compensation and specific houses for the expropriated people to compare, weigh and choose.

Yingting reminds you:

1. Whether it involves illegal construction or land acquisition and demolition, it is best not to demolish the house involved yourself. If you dismantle it yourself, it will be difficult to get compensation later. Because you can’t find a reason to ask for compensation, it’s also difficult to determine who to sue in court. If your house has been forcibly demolished, you can take relevant photos and videos before, at, and after the demolition as evidence of the demolition and as the basic basis for proposing compensation conditions. It is also easy to identify the subject who carried out the forced demolition, know who to sue, and find out who should bear the responsibility for the forced demolition.

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 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.

3. At the same time, please pay attention to the following legal deadlines to avoid missing the opportunity to protect your rights.

(1) Article 9 of the Administrative Reconsideration Law stipulates that if citizens, legal persons or other organizations believe that a specific administrative act infringes upon their legitimate rights and interests, they may file an application for administrative review within 60 days from the date of becoming aware of the specific administrative act; however, exceptions are made where the application period prescribed by law exceeds 60 days. If the statutory application deadline is delayed due to force majeure or other legitimate reasons, the application deadline will continue to be calculated from the date the obstacle is removed.

(2) Article 44 of the Administrative Litigation Law stipulates that for administrative cases within the scope of the People's Court, citizens, legal persons or other organizations may first apply to the administrative agency for reconsideration. If they are not satisfied with the reconsideration decision, they may then file a lawsuit with the People's Court; they may also file a lawsuit directly with the People's Court. Laws and regulations stipulate that one must first apply to the administrative agency for reconsideration. If one is dissatisfied with the reconsideration decision and then files a lawsuit in the People's Court, the provisions of laws and regulations shall apply. Article 45 stipulates that citizens, legal persons or other organizations that are dissatisfied with the review decision may file a lawsuit with the People's Court within 15 days from the date of receipt of the review decision. If the review authority fails to make a decision within the time limit, the applicant may file a lawsuit with the People's Court within fifteen days from the expiration of the review period. Except as otherwise provided by law. Article 46 stipulates that if a citizen, legal person or other organization directly files a lawsuit with the People's Court, it shall do so within six months from the date when it knows or should know that the administrative action has been taken. Except as otherwise provided by law. Except for cases filed over real estate, the People's Court will not accept cases filed more than five years from the date of administrative action.