Legal information

1. Only governments at the city or county level have the right to expropriate land.

Land acquisition must be a government action. In other words, land acquisition must be an act of the government, not an act of individuals or commercial entities. Land acquisition is the exclusive power of the government, and no other unit or individual has the right to acquire land. Land must be expropriated for the public good. According to the relevant provisions of the Land Management Law, land acquisition must be for the public interest. If it is used for commercial development, it is not a legal reason for land acquisition.

2. The village committee has no right of representation and cannot negotiate with the government on behalf of the villagers or sign on behalf of the villagers.

3. Identifying "illegal buildings" and forced demolition also need to go through strict legal procedures. Only the court has the power to demolish.

Even if it is deemed to be an illegal building, it cannot be demolished at will.

The first step is to make an administrative decision to demolish within a time limit.

The second step is to make a reminder.

The third step is to make an administrative enforcement decision.

The fourth step is to implement the administrative compulsory demolition decision.

The fifth step is to announce the demolition within a time limit for the unspecified majority of society.

In the sixth step, Yingting learned that only when the parties neither apply for administrative reconsideration nor initiate administrative litigation within the statutory period, they can prepare for forced demolition.

4. It is absolutely not advisable to sign a blank agreement.

It is necessary to keep the original of the demolition compensation agreement and refuse to sign or fingerprint the blank agreement.

(1) The Yingting Demolition Team learned that in order to achieve the purpose of forced demolition, many administrative agencies often use various administrative routine inspections as an excuse to check and verify documents related to land and housing, such as real estate certificates and land use certificates, to collect and detain the company’s certificates, thereby organizing the rights protection of the company in disguise. As this approach effectively achieved the goal of low-cost demolition by administrative agencies, it soon emerged that the agreement signed and fingerprinted by the relocated person was taken away, and the agreement was not performed or tampered with due to the need for approval from superiors or other reasons.

(2) If there is no agreement in hand, rights protection will be passive. Therefore, the relocated people must insist on signing the agreement in person, with both parties signing and sealing it at the same time, and keeping the signed agreement with each other. The signing procedures must be standardized. If the demolition party makes you sign a blank demolition agreement under any pretext, and asks you to sign first and then take the agreement away for the leadership to review and approve, you should decisively refuse.

5. If there is forced demolition, evidence must be preserved.

If you encounter a large compensation gap after early contacts during demolition or if you feel that the procedure is illegal, you should contact Yingting lawyers as soon as possible to start the legal rights protection process. Usually, if the stalemate continues, the probability of forced demolition or signing or even forced demolition is very high. Yingting believes that even after being forced to sign or forced to evict, you should promptly call the police and find a lawyer to start legal proceedings. Procedure to prove that you were forced. Generally, once you sign and move, the restrictions on you will be removed immediately. This means you need to call the police immediately and contact the entrusted lawyer. There may be a chance for recovery. Some people who have been demolished will say after months or even years how they were signed and moved, and it is too late!

Yingting reminds you:

1. Whether it involves illegal construction or land acquisition and demolition, it is best not to demolish the house involved yourself. If you dismantle it yourself, it will be difficult to get compensation later.

2. If you encounter illegal forced demolition, the demolished person 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. Don’t miss the statute of limitations through petitions, reports, etc.