Legal information

Article introduction: If you are dissatisfied with the resettlement compensation, you must do this!

1. If the demolished households are not satisfied with the compensation, please do not sign the agreement.

2. The compensation policy is not uniformly determined and cannot harm the legitimate rights and interests of the demolished persons.

3. It is not acceptable to provide too little compensation for demolition and land acquisition, because the original living standards of farmers must not be reduced. Under special circumstances, the compensation may be increased.

4. The compensation standards are not independently formulated by the expropriating party and the demolition party and can be directly implemented.

5. The resettlement compensation agreement is not mandatory. If you feel that the compensation is unreasonable, both parties can negotiate the compensation conditions.

6. Strive for the initiative to obtain evaluation

Dong Guonv from Yingting believes that the demolished people have a very important right, which is the right to choose the assessment agency. That is to say, the demolished people have the right to choose the assessment agency. The assessment agency here refers not only to the province, but also not only to the assessment agencies in the list provided by the government. The demolished persons have the right to re-measure, identify and appraise the property. (1) If there is a dispute over the amount of decoration compensation, you can apply for evaluation. (2) If there is a dispute over the area, you have the right to apply for measurement. (3) When property rights are exchanged and the price difference needs to be settled, the demolisher has the right to apply for an assessment of the market price of the demolished house. The demolished persons have the right to evaluate the market price of the compensation houses.

7. Understand the common sense of demolition.

8. Count your assets and make a list.

(1) Rural residential compensation

Compensation for the cost of house reconstruction, homestead, ancillary facilities, decoration fees, relocation fees and transitional resettlement fees, etc.

(2) Compensation for rural contracted land

The amount of compensation should be determined with reference to the annual output value, including land compensation, personnel resettlement fees, ground attachments and young crops fees. The first two compensations are calculated based on the annual output value of the land, which is generally 10 to 30 times the average annual output value of the previous three years; above-ground houses, trees, vegetables, crops, anti-theft nets, greenhouses and other ground attachments and young crops are all compensated, with the minimum being the replacement cost price and the market price at the time of expropriation.

(3) Rural shops

On the premise of having legal land use, building construction approval procedures and legal business certificates, in addition to the above compensation items, you can also claim for business suspension losses.

(4) For self-built rural houses, urban villages, and urban houses where the house is located in an urban planning area, Ying Ting recommends that you refer to the market price of similar real estate in the same area in the surrounding area, as well as the estimate of the actual living area of your own house. The area of ​​open space and courtyards is also compensated and needs to be evaluated and determined by a professional evaluation agency.

9. Keep evidence and other materials involved in the case

10. Comprehensively understand the collection items

(1) Define the nature of demolition

(2) Clarify the collection subject

(3) Understand the collection items

(4) Determine the scope of collection

Yingting reminds you:

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. Don’t miss the statute of limitations through petitions, reports, etc.