Legal information

Article introduction: Shouldn’t compensation be provided first and then demolished? Why are these three types of people not compensated?

In the first part, Lao Li contracted a piece of land in the village to raise fish. Half a month later, he received news of local land acquisition. The expropriating party gave him compensation for his land and house, but not any compensation for the fish pond. When Zhao heard that land was going to be acquired, he planted fruit trees temporarily. She also received no compensation for the young fruit trees. Zhang San built a two-story building on his house, but the expropriation party said that his second floor was illegally built and asked him to demolish it himself. There is no compensation for these three types of people. Why is this?

Part 2, original text of the law

Article 16 of the "Regulations on House Expropriation and Compensation on State-Owned Land" stipulates that after the scope of house expropriation is determined, no new construction, expansion, renovation of houses, change of house use, etc. shall be carried out within the scope of house expropriation to improperly increase compensation fees. No compensation will be given for violations of regulations. The housing expropriation department shall notify the relevant departments in writing of the matters listed in the preceding paragraph to suspend the relevant procedures. The written notice of suspending relevant procedures shall specify the period of suspension. The maximum suspension period shall not exceed 1 year.

Part Three, Legal Analysis

1. After the scope of house expropriation is determined, the relevant parties shall not carry out activities that inappropriately increase compensation fees within the scope of expropriation.

1. When the expropriation compensation plan is announced to solicit public opinions, the expropriation compensation plan should specify the scope of house expropriation. The construction of affordable housing projects and the reconstruction of old urban areas should be included in the annual plans for national economic and social development at the municipal and county levels, and the scope of housing expropriation should be determined in the annual plans.

2. Judging from the actual situation, conflicts and disputes caused by rush construction are an important and prominent aspect of the current conflicts and disputes. After the scope of expropriation is determined, carrying out construction activities will increase the cost of expropriation and cause a waste of social resources. After the expropriation scope is determined, construction activities are prohibited, which will help ensure the smooth progress of the house expropriation work and also help reduce conflicts and disputes.

3. The main scope of prohibited activities include: First, new construction, expansion, and renovation of houses.

4. Articles 17 and 19 of these regulations stipulate that the compensation given to the expropriated persons includes compensation for the value of the expropriated houses, and the compensation for the expropriated houses is the main aspect of the expropriation compensation.

5. Compensation for expropriation is mainly determined based on factors such as the building structure, age, construction area, etc. of the expropriated house, as well as decoration and disassembly and assembly losses of original equipment. Newly built, expanded, and renovated houses will directly affect the evaluation results of the expropriated house, thus increasing the compensation fees of the expropriator, that is, the city and county-level people's governments that make the decision to expropriate the house, and increasing the cost of realizing public interests.

6. The second is to change the use of the house. The location, use, and building area of ​​the expropriated houses are important factors that affect the assessment of house expropriation. The use of the houses has an important impact on the determination of the compensation price. According to the provisions of Articles 17 and 23 of these regulations, the compensation given to the expropriated person should include compensation for the losses caused by the suspension of production and business due to the expropriation of the house. If one set of expropriated houses is for commercial use and the other is for residential use, even if they are in the same location and area, the compensation amount will be quite different. If after the expropriation of the house is determined, the expropriated person is allowed to temporarily change the use of the house and change the residential house into a commercial house, it will greatly increase the cost of expropriation compensation.

7. The third is other behaviors that inappropriately increase compensation fees. Considering that new construction, expansion, renovation of houses and changes in house uses are the main forms of improper increases in compensation fees, there are other situations, such as moving into a household or dividing households in violation of regulations, which will also increase the cost of expropriation and affect the realization of public interests. Therefore, local governments can stipulate improper increases in compensation fees in accordance with the provisions of these regulations and in conjunction with their respective actual conditions.

2. Relevant departments shall suspend relevant procedures for prohibited matters, and the suspension period shall not exceed one year.

In order to implement the prohibitions listed in the first paragraph of this article, this paragraph stipulates that the housing expropriation department shall notify the relevant departments in writing to suspend the relevant procedures for the above activities. Relevant departments that receive the notice shall suspend relevant procedures in accordance with the provisions of the notice. Anyone who violates the regulations shall be held accountable in accordance with the law. After the notice of suspending relevant procedures is issued, activities carried out by units and individuals within the scope of house expropriation without authorization are illegal activities and are not protected by law. The specific departments that the housing expropriation department should notify shall be determined by each locality based on their respective circumstances. Under normal circumstances, planning, land, construction, housing management, industry and commerce, taxation and other departments should be notified. This paragraph also stipulates that the written notice of suspension of processing shall specify the suspension period, which shall not exceed one year at most. The purpose of stipulating a period of one year is mainly to protect the rights and interests of the expropriated person and prevent the suspension period from being too long and hindering the normal production and business activities of the expropriated person. At the same time, it also constrains government behavior and urges the government to administer according to law.

Yingting reminds you:

When some people hear that land is being acquired and demolished, they will promptly build, expand, and renovate houses, repair breeding farms, and plant fruit trees. However, there is generally no compensation in such cases. Under what circumstances are houses built without compensation? It should be judged according to local policies. This is usually calculated from the date of announcement of the proposed levy. If you encounter illegal forced demolition, the person being expropriated and demolished 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. You must file a lawsuit to defend your rights within 6 months of knowing the date of forced 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 evicted people miss the statute of limitations when they file petitions. Even if they file a lawsuit, the court will not accept it. 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. 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.