Legal information

Article introduction: In order to complete the demolition plan as soon as possible and reduce the amount of compensation, the demolition party may take some measures.

First, the old and new laws are different, and there are differences between urban and rural areas. Laws that are beneficial to the demolition party should be applied.

We have seen such cases where the demolition party will use some tricks in applying the law. Therefore, when we ordinary people encounter land acquisition and demolition, we need to clarify several issues. The Yingting demolition team believes that first of all, it is necessary to determine whether the land is state-owned land or collective land. If it is collective land, whether the legal provisions on state-owned land can be applied. Second, there is the issue of application of abolished legal provisions. If it has not been abolished, but the case is more than ten years or even decades old, can some of the provisions in it be applied? Can the demolition and expropriation compensation price refer to these regulations? If it is no more than fifteen years old, it is applicable. But what we need to pay attention to is that with the rapid rise in housing prices in recent years, it would be very unreasonable to refer to the compensation standards for demolition now fifteen years ago! This behavior of the demolition party will directly lead to the compensation amount of the demolished people being reduced. There are also some legal buildings of enterprises, shops, and restaurants that were mistakenly regarded as illegal buildings and demolished due to errors in the application of laws. As normal production and operations were affected, the demolished people suffered great losses.

Second, fish in troubled waters when selecting assessment methods and lower the amount of compensation.

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. In order to reduce the amount of compensation, some demolition parties certainly hope to use the cost method. 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.

Third, the project is established in the name of a public welfare project and is actually used for commercial development.

In lawyer practice, many people will raise a question, why does the demolition party (expropriation party) say that all projects are public welfare projects, not commercial projects, but during the actual construction, a large number of commercial buildings and facilities were built on the land? In fact, some projects are indeed established with public welfare funds, but they also include some commercial supporting buildings and facilities. So is this kind of project a public welfare project? Or is it commercial in nature? This is hard to define! In another case, when the project was established, it was said that schools and hospitals would be built. This seemed to be of a public welfare nature, but public schools and hospitals serve the public interest, while private aristocratic schools and private cosmetic and plastic surgery hospitals have obvious commercial nature. In other words, during specific construction and use, there are some deviations from the purpose at the time of project establishment. The Yingting demolition team learned that in this case, the demolition party (the expropriation party) took the edge off. Maybe the people being demolished will never realize this problem, or it may be too late when they learn the truth. Establishing a project in the name of building a public welfare project, but actually using it for commercial development is essentially a lie and disguise to conceal its true intention, which is an act of "hiding the truth". Let's look at a similar case below.

Yingting reminds you:

Land acquisition and demolition policies and resettlement compensation standards are different in various places, and land acquisition projects are different, so they cannot be generalized. What can I do if I have objections to resettlement compensation? 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. If you have not negotiated compensation terms with the government, you can consult a lawyer specializing in land acquisition and demolition, or ask a lawyer to intervene and negotiate with the government using professional legal knowledge to strive for fair and satisfactory compensation.