Legal information

Article introduction: When the compensation plan was announced, the demolition party began to mobilize for relocation. And the method they use is to set up relocation incentives. I’ll give you a high demolition incentive, are you willing to move quickly?

1. First determine whether your compensation interests are legal and reasonable.

Demolition incentives should be based on reasonable and legal demolition compensation.

2. The legal principle of compensation first and then relocation is superior to the demolition incentive policy.

The "Land Management Law of the People's Republic of China (Amendment)" (Draft for Comments) clarifies the principle of compensation first and relocation later. Incorporate "the expropriation of homesteads and above-ground houses into the new regulations in accordance with the principles of compensation first and then relocation and improvement of living conditions, and fair and reasonable compensation shall be provided by rearranging homesteads for building houses, providing resettlement houses, or monetary compensation, etc. to protect the residence rights of landless farmers." Even if you want to get demolition incentives, you must strictly abide by the principle of compensation first and then relocation.

3. Be wary of the trap of exorbitant demolition rewards.

If you were told to move a few months in advance and were given an extra 30,000 yuan, would you move quickly? Demolition compensation can easily amount to millions or tens of millions for a few houses, which is related to a family's lifetime life. Don’t ignore whether the compensation is reasonable because you are greedy for small profits.

4. Pay attention to these things when signing an agreement

Regardless of the demolition authorities' verbal pressure, deception, or forced evictions, the demolished households must be psychologically stable. When signing an agreement, you should pay attention to the following things: 1. The subject of the contract is legal 2. Both parties clearly understand the terms of the contract 3. Determine the procedures for performing the contract 4. Review whether there are overbearing clauses in the contract that are not beneficial to us.

Yingting reminds you:

When facing demolition, you must stay clear-headed and follow the content of the agreement. If you make a verbal commitment, it must be written in the demolition compensation agreement, otherwise you will definitely not sign it. Because verbal promises have no legal effect. If you have objections to resettlement compensation, 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. File a lawsuit to defend your rights within 6 months from the date the house was demolished. You can consult a land acquisition and demolition lawyer for solutions, or hire a demolition lawyer to negotiate with the government to strive for satisfactory compensation.