Legal information

Article introduction: Article 20 of the Regulations on the Expropriation and Compensation of Houses on State-Owned Land stipulates that the real estate price assessment agency shall be selected by the expropriated person through negotiation. If consultation fails, the decision shall be made through majority decision, random selection, etc. The specific measures shall be formulated by the province, autonomous region, and municipality directly under the Central Government. So, based on practical experience, who has the right to select the land acquisition and demolition assessment agency?

1. Real estate price assessment agencies shall carry out house expropriation assessment work independently, objectively and impartially, and no unit or individual may interfere. This article is about the regulations on the selection of real estate price evaluation agencies and the independent conduct of evaluation activities.

2. Problem analysis

1. The real estate price evaluation agency should be selected by the expropriated person

When selecting a real estate price evaluation agency, you should pay attention to the following points:

1. First, the expropriated person shall negotiate and select. The Yingting Demolition Group learned that the expropriated person should negotiate first within the specified time. If an agreement can be reached, and the selected real estate price assessment agency meets the qualification requirements for real estate price assessment agencies stipulated in Article 19, the assessment agency selected by the expropriated person should conduct the assessment.

2. If the expropriated person does not negotiate on the selection of the real estate price assessment agency within the specified time or fails to reach an agreement despite consultation, it shall be determined through majority decision, random selection, etc., such as voting, drawing lots, lottery, bidding, etc. The process of determining the real estate price assessment agency shall be open, fair, and impartial.

3. The specific methods for selecting real estate price evaluation agencies shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government. Since there are great differences among regions, specific measures need to be formulated according to local conditions. When formulating measures, the opportunities for qualified real estate price evaluation agencies to equally participate in evaluation activities should not be restricted.

2. Real estate price evaluation agencies should conduct independent, objective and impartial evaluations

1. Whether the value assessment result of the expropriated house is objective and fair is directly related to the vital interests of the expropriated person. The assessment of the value of expropriated houses should be independent, objective and fair.

2. The so-called "independence" means that real estate price evaluation agencies and evaluators are required to have no interest in the parties involved in the housing expropriation. They are not affected by any unit or individual including the housing expropriation department and the expropriated person in the housing evaluation activities, and they conduct evaluations based on their own professional knowledge, experience and professional ethics.

3. The so-called "objective" means that real estate price evaluation agencies and relevant evaluators are required not to carry their own emotions, likes, dislikes and biases in the evaluation, but to conduct evaluations in accordance with the true colors of things and seeking truth from facts.

4. The so-called "fairness" requires real estate price evaluation agencies and relevant evaluators not to favor any party involved in the expropriation during evaluation activities, adhere to principles, and make objective evaluations.

3. No unit or individual may interfere with the evaluation

1. In order to ensure that the results of value assessment of expropriated houses are objective and fair, a good practice environment should be created for real estate price assessment agencies to carry out house expropriation assessment independently, objectively and fairly.

2. Ying Ting believes that the above-mentioned prohibition of intervention includes requiring real estate price assessment agencies and relevant evaluators to overestimate or underestimate the value of expropriated houses for any reason or in any way.

Yingting reminds you:

According to the relevant laws and regulations of our country, the expropriated and demolished persons 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. If your house is forcibly demolished, you must file a lawsuit to defend your rights within 6 months of knowing the date of demolition. Some relocated households will petition, but petitioning is not a legal channel, and no matter how long the petition lasts, it does not constitute a reason to interrupt the time limit for prosecution. Many people who were demolished were delayed in filing petitions and missed the statute of limitations. Even if they sued, the court would not accept it. Even if you find a lawyer, there is nothing you can do to help you! In practice, no matter how you report the situation to your superiors, report it to local staff, or visit everywhere, you can't actually solve the problem. What you only waste is your precious time to protect your rights and interests! If you cannot reach an agreement with the expropriation and demolition party, please contact a professional expropriation and demolition lawyer as soon as possible to find a solution.