Legal information

Introduction to the article: If the expropriation and demolition party invites an assessment agency, compensation can only be based on the assessment results? No! You can say no!

1. In practice, expropriated persons often face situations where the expropriating party unilaterally selects an assessment agency. Ying Ting learned from the above provisions that Chinese law gives the expropriated people the right to independently choose the assessment agency, and establishes the initiative of the demolished people in the process of selecting the assessment agency. The act of direct assignment by the collecting party is obviously illegal. The expropriated persons can safeguard their legal rights through this provision and obtain fair and reasonable compensation.

2. Article 10 of the "Measures for Expropriation and Assessment of Houses on State-Owned Land" stipulates that the time point for assessing the value of expropriated houses is the date when the decision to expropriate the houses is announced. The time point used to evaluate the value of the property rights exchanged house shall be consistent with the time point used to evaluate the value of the expropriated house.

3. The purpose of evaluation is to truly reflect the true value of the real estate in order to achieve reasonable and fair compensation. However, if the evaluation report takes a long time and the market changes greatly, and cannot truly reflect its value, the expropriated person may request a re-evaluation.

If the demolished persons have objections to the assessment report, they should apply for review in a timely manner. They can also ask a lawyer to intervene in the assessment process and participate in negotiations.

4. The validity period of the evaluation report application ≠ the validity period of the evaluation report. Never interpret "the validity period of the application shall not exceed one year from the date of issuance of the valuation report" in the valuation report as "the validity period of the valuation report is one year." The demolished persons must apply for review within 10 days of receiving the assessment report. If you are not satisfied with the review result, you can consult a lawyer who has in-depth research on demolition assessment and adopt appropriate methods to safeguard your legitimate rights and interests.

5. What should I do if I am not satisfied with the evaluation report?

(1) According to the relevant laws and regulations of our country, Article 19 of the "Measures for Expropriation and Assessment of Houses on State-owned Land" stipulates that "If the expropriated person or the house expropriation department has questions about the evaluation report, the real estate price assessment agency that issued the evaluation report shall provide explanations and explanations to them." Article 20 stipulates that "If the expropriated person or the house expropriation department has objections to the evaluation results, they should apply to the real estate price evaluation agency for review and assessment within 10 days from the date of receipt of the evaluation report.

(2) To apply for review and assessment, a written application for review and assessment should be submitted to the original real estate price assessment agency and the problems in the assessment report should be pointed out. "Article 21 stipulates that "the original real estate price assessment agency shall review the assessment results within 10 days from the date of receipt of the written application for review assessment. The Yingting Demolition Group learned that after review, if the original assessment result is changed, a new assessment report must be issued; if the assessment result has not changed, the review assessment applicant must be informed in writing. "Article 22 stipulates that "If the expropriated person or the housing expropriation department has objections to the review results of the original real estate price assessment agency, they shall apply to the expert committee for appraisal of the location of the expropriated house within 10 days from the date of receipt of the review results.

(3) If the expropriated person still has objections to the compensation, it shall be handled in accordance with the provisions of Article 26 of the "Regulations on the Expropriation and Compensation of Houses on State-owned Land". "Article 26 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land" stipulates that "If the expropriated person is dissatisfied with the compensation decision, he may apply for administrative reconsideration in accordance with the law, or he may file an administrative lawsuit in accordance with the law." The demolished person can ask a professional demolition lawyer to intervene in the evaluation. Both parties will bring evaluators from the evaluation agency to negotiate on the details of the evaluation, the evaluation results and the amount of compensation.

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.