Legal information

Article introduction: After learning about the demolition, if the demolished households have objections to the expropriation, how can they protect their rights and interests?

1. Article 11 of the "Regulations" stipulates that if houses need to be expropriated due to the reconstruction of old urban areas, and the majority of the expropriated people believe that the expropriation compensation plan does not comply with the provisions of these Regulations, the people's government at the city or county level shall organize a hearing attended by the expropriated people and public representatives, and modify the plan based on the results of the hearing. The Yingting Demolition Team believes that this is also the difference between the shed reform project and other expropriation projects. It gives the expropriated people one more right, which the expropriated people should pay attention to and actively exercise.

2. This point is even more crucial in Beijing’s local regulations. If the majority of expropriated persons do not agree, the housing reform project cannot be implemented.

3. The "Implementation Opinions on Expropriation of Renovated Houses in Old City Areas of Beijing" stipulates that after the old city reconstruction plan is determined, the district and county people's governments shall organize or designate relevant units to consult the property owners and public housing lessees within the planned reconstruction scope for their willingness to reconstruct.

4. The district and county housing expropriation departments shall supervise the consultation process. Only when the majority of property owners and public housing tenants agree can the reconstruction of the old city be carried out. The proposed expropriation scope shall be determined by the district and county people's governments.

5. If the expropriated person believes that the expropriation compensation plan is unreasonable, he may request the municipal or county-level people's government to organize a hearing, put forward specific opinions at the hearing, and require the expropriating party to modify the plan. Whether the opinions put forward by the expropriated persons have been adopted and what content has been modified in the plan should be announced in a timely manner.

6. Fully protect the rights of the expropriated persons to know, participate and make suggestions, so that the expropriation project can be implemented more smoothly. The majority of expropriated persons must not ignore their rights to apply for hearings and other early relief measures.

7. Put forward opinions as early as possible and establish a communication platform with the expropriating party, which will definitely be beneficial to resolving disputes. Even if the opinion is not adopted, the process of exercising the right to remedy may leave key evidence to assist later rights protection.

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.

2. If you encounter illegal forced demolition, the demolished person 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.