Legal information

Introduction to the article: Your home is notified of land acquisition and demolition, please prepare these 4 things in advance! For example, you can create a property inventory to get an idea of ​​the value of your property. It is also necessary to understand the laws and regulations related to demolition, understand the nature of the demolition project, and retain relevant demolition documents, original evidence and other materials.

1. Learn relevant laws and regulations and understand the common sense of demolition. Have knowledge when entering into an agreement.

In land acquisition and demolition cases, most of the people being demolished know little about the law, have never dealt with the law, and do not know what to do in the face of sudden demolition. Therefore, you should understand basic demolition common sense and relevant laws and regulations in the early stage, be able to know your legal rights, and judge whether your legal rights and interests have been infringed. Only in this way can you take the initiative in negotiations in the demolition rights protection battle that you may face in the later stage, thereby safeguarding your own legal rights and interests.

2. Inventory the property, make a list of the property, and be aware of the value of the property.

1. Rural housing compensation

Compensation for the cost of house reconstruction, homestead, ancillary facilities, decoration fees, relocation fees and transitional resettlement fees, etc.

2. Compensation for rural contracted land

The amount of compensation should be determined with reference to the annual output value, including land compensation, personnel resettlement fees, ground attachments and young crops fees. The Yingting demolition team learned that the first two compensations are calculated based on the annual output value of the land, which is generally 10 to 30 times the average annual output value of the previous three years; above-ground houses, trees, vegetables, crops, anti-theft nets, greenhouses and other above-ground attachments and young crops are all compensated, with the minimum being the replacement cost price and the market price at the time of expropriation.

3. Rural shops

On the premise of having legal land use, building construction approval procedures and legal business certificates, in addition to the above compensation items, you can also claim for business suspension losses.

4. For self-built rural houses, urban villages, and urban houses where the house is located in an urban planning area, you can refer to the market price of similar real estate in the same surrounding area and the estimate of the actual living area of your own house. The area of ​​open space and courtyards is also compensated and needs to be evaluated and determined by a professional evaluation agency.

3. Properly keep all original evidence and demolition documents involved in this case

During the expropriation process, we will receive many legal documents, such as: pre-expropriation announcement, demolition compensation and resettlement plan, compensation and resettlement agreement, household assessment report, self-demolition notice within a time limit and its reminder, enforcement decision, etc. No matter what form they appear in, they must be photographed and stored in a timely manner and properly kept.

4. Have a comprehensive understanding of collection projects

1. Define the nature of demolition.

Ying Ting found that demolition has two characteristics: the first is government expropriation, that is, statutory public welfare demolition. At this time, it cannot be refused and can only obtain satisfactory compensation and resettlement. The second type is commercial expropriation, which is voluntary demolition based on commercial interests. At this time, if you are not satisfied with the compensation, you can refuse to relocate.

2. Clarify the subject of collection.

levy decisionmakeThe subject, the specific implementation subject, and the implementation subject of various demolition documents and administrative actions must be clear.

3. Understand the collection items.

Find out what project construction is going to be carried out through the demolition party, the media or other channels, so as to determine the nature of the demolition.

4. Determine the scope of collection.

First determine the scope of the demolition and verify whether your house is included in the demolition red line, or whether this demolition involves your house. If your house is not within the scope of demolition, but subsequent construction will affect your normal production and life, or it is within the highway construction safety control area, you can take the initiative to propose demolition.

Yingting reminds you:

If you encounter illegal forced demolition, the person being expropriated and demolished 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. You must file a lawsuit to defend your rights within 6 months of knowing the date of forced demolition. 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. Petitions are not a legal means, and no matter how long the petition lasts, it does not constitute a reason to interrupt the time limit for prosecution. Many evicted people miss the statute of limitations when they file petitions. Even if they file a lawsuit, the court will not accept it. 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. 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.