Legal information

Introduction to the article: After the illegal building is forcibly demolished, the demolished building materials are not properly preserved, and the demolished building materials should bear administrative compensation liability. The demolished persons have ownership rights to the buildings and construction materials.

1. If the building materials are thrown away after forced demolition, what responsibility does the demolition party bear?

1. Brief introduction to the case: The defendant, the People's Government of a district in Tianjin, issued a "Notice on the Demolition of Illegal Buildings" to a factory of the plaintiff, and organized relevant departments to forcibly demolish the illegal buildings in the plaintiff's factory area. The personnel who carried out the forced demolition will transport some of the color steel plates removed from the ground shed away from the site. They also took away more than ten electricity meters belonging to the plaintiff. According to my country's "Property Law" and other relevant laws and regulations, even if some buildings in the plaintiff's factory are confirmed to be illegal buildings, the plaintiff still has ownership of the building materials of these buildings, and the "Decision to Demolish Illegal Buildings within a Time Limit", which is the basis for the defendant's forced demolition, does not include the confiscation of the plaintiff's color steel plates and other building materials. The dismantled color steel plates and other items have use value, and the plaintiff has rights to these properties. The plaintiff sued the court.

2. The defendant argued that the plaintiff did not demolish the illegal buildings on its own within the time limit stipulated in the "Decision on Demolition of Illegal Buildings within a Time Limit", so it organized relevant departments to carry out forced demolition in accordance with the law. law enforcement officialstransport awayWhat was on site was demolished construction debris and did not occupy the property requested to be returned by the plaintiff. The plaintiff filed a lawsuit directly with the court without applying for compensation from the defendant, which was not in compliance with the law.

3. Judgment point of view: The court of first instance held that the plaintiff failed to demolish the illegal building on his own within the time limit specified in the decision to demolish the illegal building within a time limit. The district government organized relevant departments to carry out forced demolition in accordance with the law based on the application of the bureau. This forced demolition was an execution of the decision to demolish the illegal building within a time limit and did not create new rights and obligations for the plaintiff. Although it has been deemed an illegal building by the above-mentioned time limit demolition decision, the plaintiff believes that its claim of rights to the construction materials of the demolished buildings and structures can be established. After the illegal building is forcibly demolished, the demolished building materials are not properly preserved, and the administrative compensation liability shall be borne.

2. The plaintiff requested the return of property, but did not receive any reply. The lawsuit in court complied with legal procedures.

1. According to the provisions of the Administrative Litigation Law, Article 3 of the Supreme People's Court's "Regulations on Several Issues Concerning the Trial of Administrative Compensation Cases" (hereinafter referred to as the "Regulations") stipulates that if the compensation claimant believes that the administrative agency and its staff have implemented non-specific administrative acts specified in Article 3 (3), (4), (5) and Article 4 (4) of the State Compensation Law, infringing upon its personal rights and property rights and causing losses, and the agency responsible for compensation refuses to confirm that the injurious behavior is illegal, the compensation claimant may directly file an administrative compensation lawsuit with the court.

2. Article 28 of the "Regulations" also stipulates that when a party files an administrative lawsuit and also files a request for administrative compensation, or if the party files a request for administrative compensation together with the damage caused by the infringement of specific administrative acts and other acts related to the exercise of administrative powers, the People's Court shall file the cases separately, and the cases may be heard together or separately according to the specific circumstances. The Yingting Demolition Group learned that there are two ways to file administrative compensation lawsuits due to administrative factual acts. One is that the victim can directly file an administrative compensation lawsuit with the court if his request to the administrative agency to confirm that the factual act is illegal is rejected; the other is to request confirmation of the illegality of the administrative factual act and administrative compensation at the same time as filing an administrative lawsuit. In this case, the plaintiff requested the return of property but received no response. The plaintiff filed a lawsuit in court and met the legal conditions for filing a lawsuit.

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. If your house is identified as an illegal construction, please first find out whether your house is an illegal construction. If you have any questions, please consult a professional land acquisition and demolition lawyer for professional legal advice. Because illegal construction refers to houses and facilities constructed outside the planning area without obtaining the planning permit for the proposed project (original site, site selection and construction opinions), and in violation of relevant laws and regulations such as the Land Management Law, the Urban and Rural Planning Law, the Regulations on the Planning and Construction of Villages and Towns, and other relevant laws and regulations. Due to historical reasons, there may be some houses suspected of illegal construction. Whether it needs to be demolished and whether compensation can be given after demolition should be treated differently according to different situations. In practice, illegal buildings may not necessarily be demolished, but may also be converted into legal buildings and remain there permanently. There are many reasons for illegal construction, including the parties involved and the administrative agencies. The legal consequences for illegal buildings are not the only ones. There are confiscation and demolition within a time limit, as well as fines and reissue procedures. Moreover, confiscation and demolition within a time limit are limited to serious violations of urban planning.

3. If you encounter illegal demolition, you must file an administrative lawsuit within 6 months from the date you learned about the demolition. Because according to the relevant laws of our country, when encountering land acquisition and demolition, 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. Petitions are not a legal means, 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.