Legal information

Introduction to the article: The demolished households have objections to the expropriation. What issues will the court consider when making a ruling? There are five questions we need to understand.

1. Municipal and county-level governments make unified expropriation decisions on land and houses within a certain range.

The Expropriation and Subsidy Regulations do not clearly stipulate whether the expropriation decision made by the municipal and county-level governments should be made for all the expropriated persons on the expropriated land, or for each household. It also does not clearly stipulate the specific style of the expropriation decision.

2. Expropriation and compensation are separated. If the expropriated person is dissatisfied with the compensation plan, he or she may file a reconsideration or lawsuit.

According to Article 14 of the "Regulations on Expropriation and Compensation", those who are expropriated are dissatisfied with the expropriation decision and have the right to initiate reconsideration and litigation accordingly. This also follows the customary practice of rural collective land expropriation. The Yingting demolition team learned that the advantages of overall single expropriation are high efficiency and convenience, which is conducive to the overall advancement of the expropriation work, the separation of expropriation and compensation, and is also conducive to "persuading and mobilizing" the expropriated people to accept compensation, which is more in line with the current national conditions where urban construction efficiency is prioritized.

3. When the expropriated person applies for reconsideration or files a lawsuit, the legality of the overall expropriation decision and all houses must be reviewed.

At the same time, when the expropriated person applies for reconsideration and files a lawsuit, it will inevitably bring about the problem of determining the objects of reconsideration and judicial review: even if only a few expropriated persons are dissatisfied with the expropriation decision, the reconsideration agency and the people's court must review whether the overall expropriation decision is illegal and need to evaluate the legality of all the houses involved in the overall expropriation decision.

4. The expropriated person must refer to the relevant provisions of the Civil Procedure Law when applying for reconsideration and filing a lawsuit.

After an individual expropriated person applies for reconsideration and files a lawsuit, for the claims of other expropriated people, it may also be necessary to refer to the relevant rights holder registration and announcement procedures in the Civil Procedure Law, and require other people to participate as a group lawsuit; otherwise, it will not be conducive to protecting the rights of the expropriated people who have not filed a lawsuit within the scope of expropriation to obtain corresponding relief.

5. For expropriation and compensation work, make an overall plan and treat it differently.

Making an expropriation decision for the expropriated persons of the same land expropriated as a whole, unifying and abstracting it is not only detrimental to the protection of the procedural rights of the expropriated persons in the expropriation procedure, but also conducive to the orderly conduct of subsequent relief procedures, and brings a series of difficulties to judicial review.

Yingting reminds you:

When faced with demolition, some demolished people took drastic measures to resist demolition and were even punished by law for certain criminal charges. This is unwise! When facing demolition, you should stay awake and avoid physical confrontation with the demolition personnel, and do not make verbal attacks. Protect the personal safety of yourself and your family. You can symbolically express your disagreement with the forced demolition and make audio and video recordings as evidence. Make a phone call to report the crime and record it as evidence at the scene of the forced demolition. If you have objections to resettlement compensation, 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. You can consult a land acquisition and demolition lawyer for solutions, or hire a demolition lawyer to negotiate with the government to strive for satisfactory compensation.