Legal information

Article introduction: The statute of limitations for land acquisition and demolition has expired, so the court will not accept it? These 5 things will tell you how long it will take before you can get compensation after your house is demolished!

First, if you have objections to resettlement compensation, Yingting recommends that you 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.

Second, if your house is deemed to be an illegal construction, please first find out whether your house is an illegal construction. Ying Ting believes that after encountering forced demolition, or within 60 days of receiving specific administrative actions such as expropriation decisions and expropriation compensation decisions, administrative reconsideration is filed, and administrative litigation is filed within 6 months.

Third, for legal houses that have been forcibly demolished, the statute of limitations is 6 months. After being identified as an illegal building, if you are dissatisfied with the decision to order demolition within a time limit, you must file a lawsuit with the People's Court within 15 days from the date of receipt of the demolition decision.

Fourth, before the demolition of illegal structures is carried out, one final announcement still needs to be made. If the person being demolished files an administrative review or administrative lawsuit, the house involved in the case cannot be forcibly demolished before the judicial review is completed.

Fifth, letters and visits are not legal channels, and no matter how long the letter or visit lasts, it does not constitute a reason to interrupt the prosecution period. Many evicted people miss the statute of limitations when they file petitions. Even if they file a lawsuit, the court will not accept it. The advice given to you by the Yingting Demolition Team, whether you report the situation to your superiors, report it to local staff, or visit everywhere, cannot actually solve the problem. If the problem cannot be solved through negotiation with the expropriation and demolition party, your most effective way to protect your rights and interests is to apply for administrative reconsideration and file an administrative lawsuit.

Yingting reminds you:

Many parties will also apply for administrative reconsideration and initiate administrative litigation to protect their rights and interests. But some people are afraid of spending money, or think that the matter is simple and can be done by themselves, so they spend some money to ask an acquaintance to write a reconsideration application (complaint), or simply write it themselves. Then go through the legal process of administrative review or administrative litigation. Since legal procedures are a very professional job, it cannot be done by non-legal professionals, civil and criminal lawyers who do not understand administrative cases and land acquisition and demolition, or lawyers who have few successful cases of land acquisition and demolition. Demolition is not a trivial matter, so don’t be greedy for small gains and suffer big losses. A procedure can only be carried out once, and the lawsuit cannot be repeated. Please treat your case with caution. If it is a corporate case, seek legal advice from a corporate demolition and vacation lawyer who has extensive experience in handling cases.