Legal information

Article introduction: How is the statute of limitations for land acquisition and demolition cases stipulated? If the statute of limitations is missed, can I really not get compensation?

1. The statute of limitations for administrative reconsideration and administrative litigation.

1. According to the provisions of Article 64 of the New Interpretation of Litigation, if an administrative agency fails to inform citizens, legal persons or other organizations of the time limit for prosecution when taking administrative actions, the time limit for prosecution shall be calculated from the date when the citizen, legal person or other organization knows or should know the time limit for prosecution, but the maximum period from the date when the citizen, legal person or other organization knows or should know the content of the administrative act shall not exceed one year.

2. The first is that the parties were not informed of the right to sue when the administrative action was taken, and the second is that the time limit for filing a lawsuit is one year. Generally speaking, the Yingting Demolition Team learned that when a forced demolition occurs, if you want to sue the government for illegal demolition, you need to file a lawsuit within 6 months. However, in forced demolition cases, the government sometimes does not provide written notice before carrying out the forced demolition, or the documents issued do not remind the parties of their right to sue. In this case, the parties can file a lawsuit within 1 year.

3. In forced demolition cases, the parties concerned are often afraid of intensifying conflicts and are unwilling to sue the government immediately. Instead, they choose to petition, report, go to leaders, etc. to try to solve the problem. This delays for a long time and the problem is not easy to solve. When they really make up their mind to sue, they miss the deadline for filing a lawsuit and lose the opportunity to defend their rights.

4. However, the Yingting Demolition Team learned that the judicial interpretation promulgated in 2000 stipulated that the prosecution period under the same circumstances is 2 years. Therefore, readers who have a certain understanding of the law need to pay special attention and do not ignore changes in legal provisions that may cause the prosecution period to be exceeded. To sum up, the prosecution period for forced demolition cases has been shortened to 6 to 12 months. Don’t miss the statute of limitations for rights protection.

5. 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.

6. 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.

2. Time limit for assessing objections

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. To apply for re-examination, a written re-examination application should be submitted to the original real estate price assessment agency and the problems in the assessment report should be pointed out.

2. The original real estate price appraisal agency shall review the appraisal results within 10 days from the date of receipt of the written application for review appraisal. 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.

3. If the expropriated person or the housing expropriation department has objections to the review results of the original real estate price assessment agency, they 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.

4. If the expropriated person still has objections to the compensation, it shall be handled in accordance with the provisions of Article 26 of the "Regulations on the Expropriation and Compensation of Houses on State-owned Land" (apply for administrative reconsideration and file an administrative lawsuit). The demolished persons can ask a professional demolition lawyer to intervene in the evaluation.

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. 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. You can send us a private message for one-on-one consultation.