Legal information

Article introduction: There are various forms of illegal land acquisition. Can the demolished households only default on the amount of compensation? No! If these 4 situations occur, the expropriation and compensation decision can be revoked!

Part One: Case

Ms. Zhou's home in a certain district of a city in Sichuan is facing demolition of her house. The expropriation party only compensates her based on the floor area, which is 3,800 yuan per square meter. This is the case for every house demolished similar to Ms. Zhou's. Regardless of the actual construction area, compensation will be based on this standard. However, the price of commercial housing near Ms. Zhou's home is as low as 10,000 yuan per square meter. If you compensate like this, you won’t even have enough money to replace a house. Ms. Zhou wants to know how the value of the house is assessed? What happens if the assessment is unreasonable? For households who have difficulty living after land acquisition, does the state have policies to protect the lives of these people?

Part 2: How does our country’s laws regulate this type of illegal behavior?

1. Determining that the house area is unreasonable and legal

1. The area and nature of the house are generally based on the contents of the real estate certificate. When the contents of the real estate certificate and the real estate registration are different, the real estate registration usually prevails. If the house has not been registered, the evaluation will be based on the processing results of the city and county governments. It is illegal to directly estimate a rough price without actual measurement and without a statutory evaluation agency issuing evaluation results.

2. Article 19 of the Regulations on the Expropriation and Compensation of Houses on State-Owned Land stipulates that the compensation for the value of the expropriated house shall not be lower than the market price of similar real estate of the expropriated house on the date of announcement of the house expropriation decision. Ying Ting learned that the value of the expropriated houses will be assessed and determined by a real estate price assessment agency with corresponding qualifications in accordance with the house expropriation assessment method. If you have any objection to the value of the expropriated house determined by the assessment, you may apply to the real estate price assessment agency for a review of the assessment. If you have any objection to the review result, you may apply to the Real Estate Price Appraisal Expert Committee for appraisal.

3. Real estate appraisal agencies must conduct appraisals in accordance with the law to ensure that the appraisal results are true, objective, and reasonable. The assessment of the area of ​​houses to be expropriated and demolished requires actual measurements at each household, and an actual assessment of the area of ​​each house. At the same time, an evaluation report for each household is issued. Finally, it is signed by the appraiser and stamped by the appraisal company.

2. Real estate price appraisal agencies and real estate appraisers illegally make false appraisals

If the signatures of the expropriated person and the real estate appraiser are forged, the expropriated person can report the situation to the relevant departments in a timely manner. Or seek legal means to solve the problem. Article 34 of the Regulations on the Expropriation and Compensation of Houses on State-Owned Land stipulates that if a real estate price assessment agency or a real estate appraiser issues a false or major error assessment report, the issuing authority shall order it to make corrections within a time limit and give a warning. The real estate price assessment agency shall also be fined RMB 50,000. A fine of not less than RMB 10,000 but not more than RMB 200,000 shall be imposed on the real estate appraiser, and a fine of not less than RMB 10,000 but not more than RMB 30,000 shall be imposed on the real estate appraiser, which shall be recorded in the credit file; if the circumstances are serious, the qualification certificate and registration certificate shall be revoked; if losses are caused, the liability for compensation shall be borne in accordance with the law; if a crime is constituted, criminal liability shall be pursued in accordance with the law.

3. Failure to select an evaluation agency in accordance with legal provisions

In the past, in most cases, home value assessments were conducted by government-appointed assessment agencies. Article 20 of the "Regulations on Expropriation and Compensation" stipulates that the real estate price evaluation agency shall be selected by the expropriated person through negotiation; if the negotiation fails, it shall be determined by majority decision, random selection, etc. The specific measures shall be formulated by the province, autonomous region, and municipality directly under the Central Government. Real estate price assessment agencies should carry out house expropriation assessment work independently, objectively and impartially, and no unit or individual may interfere.

4. The expropriating party made some mistakes when choosing the assessment method.

1. 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.

2. According to the notice of the Ministry of Housing and Urban-Rural Development on the issuance of the "Measures for the Expropriation and Assessment of Houses on State-Owned Land", Article 13 stipulates: A registered real estate appraiser shall, based on the assessment object and local real estate market conditions, conduct an applicability analysis of the market method, income method, cost method, hypothetical development method and other evaluation methods, and then select one or more of these methods to evaluate the value of the expropriated house. Yingting believes that if there are transactions for similar real estate of the expropriated house, the market method should be used for evaluation; if the expropriated house or its similar real estate has economic benefits, the income method should be used for evaluation; if the expropriated house is under construction, the hypothetical development method should be used for evaluation. If two or more evaluation methods can be selected at the same time for evaluation, more than two evaluation methods should be used for evaluation, and the evaluation results should be reasonably determined after checking and comparing the calculation results of various evaluation methods.

Part 3: What are the country’s basic policies to protect people affected by expropriation and demolition?

1. Article 2 of the Regulations on the Expropriation and Compensation of Houses on State-Owned Land stipulates: “For the needs of the public interest, when houses of entities or individuals on state-owned land are expropriated, fair compensation shall be given to the owners of the expropriated houses (hereinafter referred to as the expropriated persons).”

2. Article 47 of the "Land Management Law" stipulates: "If the payment of land compensation and resettlement subsidies in accordance with the provisions of paragraph 2 of this article cannot enable the farmers who need to be resettled to maintain their original living standards, the resettlement subsidy may be increased with the approval of the people's government of the province, autonomous region, or municipality directly under the Central Government. However, the land compensation fee The total amount of land compensation and resettlement subsidies shall not exceed 30 times the average annual output value of the three years before the land is expropriated. The State Council may increase the standards of land compensation and resettlement subsidies for farmland expropriation in special circumstances based on the level of social and economic development. "It is necessary to ensure that the original living standards of farmers affected by land acquisition and demolition are not reduced.

3. Paragraph 3 of Article 42 of the "Property Law" stipulates: "Houses and other real estate of expropriated units and individuals shall be compensated for demolition in accordance with the law to safeguard the legitimate rights and interests of the expropriated persons; when personal residences are expropriated, the living conditions of the expropriated persons shall also be guaranteed."

Yingting reminds you:

If you are facing land acquisition and eviction, be sure to stay clear-headed. In the face of forced demolition, it is necessary to retain evidence of forced demolition and protect one's legitimate rights and interests through legal channels. If the demolition and expropriation procedures are illegal, you can apply for administrative reconsideration or file an administrative lawsuit. Remember not to demolish the house on your own, but to sign a resettlement agreement and receive reasonable compensation before vacating the house. What can you do if you 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.