Legal information

Article introduction: Article 21 of the "Regulations on Expropriation and Compensation" follows the provisions of Article 23 of the "Demolition Regulations" and reiterates that "the expropriated person can choose monetary compensation or the exchange of property rights of the house." So, will you choose monetary compensation? Or what about house property rights exchange? In practice, the following common problems arise.

(1) 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.

(2) No one shall benefit from his own wrongdoing. If the demolishers and relevant administrative agencies illegally carry out demolition, resulting in the demolished persons not receiving compensation and resettlement in accordance with the law for a long time, and when housing prices rise, the demolished persons and relevant administrative agencies have the obligation to ensure that the demolished persons 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. "

(3) 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.

(4) The Yingting Demolition Group believes that the rights of the expropriated people 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 people can truly make comparisons and make rational choices.

Yingting reminds you:

Land acquisition and demolition policies and resettlement compensation standards are different in various places, and land acquisition projects are different, so they cannot be generalized. If you have not negotiated compensation terms with the government, you can consult a lawyer specializing in land acquisition and demolition, or ask a lawyer to intervene and negotiate with the government using professional legal knowledge to strive for fair and satisfactory compensation.