Legal information

Article introduction: How can the demolition party fish in troubled waters and lower the amount of compensation when choosing an assessment method?

1. How does the demolition party make a fuss when choosing an assessment method?

1. According to the relevant provisions of laws and regulations such as my country's "Regulations on the Expropriation and Compensation of Houses on State-owned Land", "Measures for the Expropriation and Assessment of Houses on State-owned Land" and "Urban Land Valuation Regulations", expropriation compensation should follow the principle of timely compensation and the principle of fair compensation.

If urban land and houses are used for public interests, the municipal and county people's governments should implement expropriation and demolition in accordance with legal procedures and content, and professional evaluation agencies should evaluate the real estate and other properties involved.

2. When appraising real estate, the location and use of the expropriated real estate should be based on the factors that affect the value of the expropriated real estate and the local real estate market conditions. Valuation methods such as market method, income method, cost method, and hypothetical development method should be comprehensively selected to evaluate the value of the expropriated real estate. The evaluation results should be reasonably determined, and compensation should be made on this basis. Ying Ting believes that when corporate factories, shops, hotels, restaurants and other businesses face land acquisition and demolition, they must not only consider the evaluation of fixed assets such as real estate, but also consider the issue of compensation for losses caused by suspension of production and business.

3. Real estate evaluation methods include: market method, income method, cost method, hypothetical development method, etc. Among them, the cost method evaluation method can be said to have the lowest compensation. The Yingting demolition team learned that some demolition parties naturally hope to use the cost method in order to lower the amount of compensation. Although the law clearly stipulates that if the expropriated and demolished houses generate income, they must be evaluated using the income method. However, many demolished people were overwhelmed by the demolition at this time, and their projects were forced to suspend production and business, so they neglected the selection of evaluation methods. At this time, the demolition party adopted the strategy of fishing in troubled waters and chose the cost method for evaluation. Because the cost method is clearly stipulated in the law and the evaluation agency is given corresponding freedom of choice, it is not illegal to use the cost method for evaluation.

2. If you are not satisfied with the evaluation report, what legal channels can you take to protect your rights and interests?

1. If the expropriated person or the housing expropriation department has objections to the assessment results, they shall apply to the real estate price assessment agency for review of the assessment within 10 days from the date of receipt of the assessment report.

2. If you apply for review and assessment, you should submit a written application for review and assessment to the original real estate price assessment agency and point out the problems in the assessment report. 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.

3. After review, if the original assessment result is changed, a new assessment report shall be issued; if the assessment result has not changed, the applicant for review and assessment shall be informed in writing.

4. If Yingting believes that the expropriated person or the housing expropriation department has objections to the review results of the original real estate price assessment agency, it shall apply to the expert committee for appraisal of the location of the expropriated houses within 10 days from the date of receipt of the review results.

5. If the expropriated person still has objections to the compensation, he or she shall apply for administrative reconsideration or file an administrative lawsuit in accordance with Article 26 of the Regulations on the Expropriation and Compensation of Houses on State-Owned Land.

Yingting reminds you:

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. 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.

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