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Yingting Demolition Lawyer - House demolition on state-owned land, have you seized the four opportunities to improve compensation?
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Article author：Yingting Lawyers Group | Update time：2019-08-12 | Reading times：353
This article deals with the issue of compensation for house expropriation on state-owned land. Many demolished people were dissatisfied with the compensation, but they just resisted and ignored every step of the government's implementation of expropriation and demolition, which was equivalent to ignoring or giving up their rights. When they finally obtained a "House Expropriation and Compensation Resolution", they discovered that the compensation figure was far lower than the compensation stipulated by law. If you file a lawsuit now, half of the situation has been lost, because many opportunities to increase compensation were lost in the early stage.
So where should the rights war to improve compensation begin?
1. Solicit opinions and actively participate
Let’s first take a look at the legal provisions. According to Article 10 of the Law on Expropriation and Compensation of Houses on State-Owned Land, “The house expropriation department shall formulate an expropriation and compensation plan and submit it to the city and county-level people’s governments. The city and county-level people’s governments shall arrange for relevant departments to demonstrate and publish the expropriation and compensation plan and solicit public opinions. The period for soliciting opinions shall not be less than 30 days.” The expropriation and compensation plan must be publicly solicited for opinions, which is the first opportunity to increase compensation.
2. Different opinions and request for hearing
According to Article 11 of the "Law on the Expropriation and Compensation of Houses on State-Owned Land", "People's governments at the city and county levels shall promptly publish the status of soliciting opinions and making revisions based on public opinions. Due to the need to expropriate houses for the reconstruction of old cities, most expropriated people believe that the expropriation and compensation plan does not comply with this law. According to the regulations, the people's government at the city and county levels shall arrange a hearing with the participation of the expropriated people and representatives of the public, and modify the plan based on the situation of the hearing. "The demolished people have the right to hear the demolition compensation plan. If the majority of people think it is unreasonable, the government should modify the plan." This is the second opportunity to increase compensation.
The problem that often occurs here is that the disunity and various divisions of most people have led to the isolation of a small number of people who insist on compensation according to law and are unable to turn things around. What is most needed here is unity. You must know: there is no overall interest or personal interest. When the interests of the whole cannot be improved, it is difficult for individual interests to achieve breakthroughs.
3. Pay attention to evaluation and joint negotiation
In the process of expropriating houses on state-owned land, evaluation is an indispensable link. It is crucial to actively participate in the selection of evaluation organizations and take the initiative. According to Article 20 of the "Act on the Expropriation and Compensation of Houses on State-Owned Land", "The real estate price evaluation organization shall be selected by the expropriated person through negotiation; if the negotiation fails, it shall be confirmed by majority decision, random selection, etc., and the specific measures shall be formulated by the province, autonomous region, and municipality directly under the Central Government." The demolished persons can entrust an evaluation organization that they trust on their own, change from passive to proactive, and safeguard their rights from beginning to end. This is the third opportunity to increase compensation.
4. Protect your rights promptly without delay.
If the previous opportunities are not seized, and the demolition party finally takes the initiative to issue a "House Expropriation Compensation Resolution" due to depression and resistance, it is now the last opportunity.
But unfortunately, even at this last opportunity, the statute of limitations was missed because of the petitions of many evicted people who did not believe in the law. This is very regrettable and heartbreaking.
Beijingdemolition lawyerHere’s a reminder: protect your rights as early as possible, otherwise you will feel uncomfortable later. Guys, got it!
So where should the rights war to improve compensation begin?
1. Solicit opinions and actively participate
Let’s first take a look at the legal provisions. According to Article 10 of the Law on Expropriation and Compensation of Houses on State-Owned Land, “The house expropriation department shall formulate an expropriation and compensation plan and submit it to the city and county-level people’s governments. The city and county-level people’s governments shall arrange for relevant departments to demonstrate and publish the expropriation and compensation plan and solicit public opinions. The period for soliciting opinions shall not be less than 30 days.” The expropriation and compensation plan must be publicly solicited for opinions, which is the first opportunity to increase compensation.
2. Different opinions and request for hearing
According to Article 11 of the "Law on the Expropriation and Compensation of Houses on State-Owned Land", "People's governments at the city and county levels shall promptly publish the status of soliciting opinions and making revisions based on public opinions. Due to the need to expropriate houses for the reconstruction of old cities, most expropriated people believe that the expropriation and compensation plan does not comply with this law. According to the regulations, the people's government at the city and county levels shall arrange a hearing with the participation of the expropriated people and representatives of the public, and modify the plan based on the situation of the hearing. "The demolished people have the right to hear the demolition compensation plan. If the majority of people think it is unreasonable, the government should modify the plan." This is the second opportunity to increase compensation.
The problem that often occurs here is that the disunity and various divisions of most people have led to the isolation of a small number of people who insist on compensation according to law and are unable to turn things around. What is most needed here is unity. You must know: there is no overall interest or personal interest. When the interests of the whole cannot be improved, it is difficult for individual interests to achieve breakthroughs.
3. Pay attention to evaluation and joint negotiation
In the process of expropriating houses on state-owned land, evaluation is an indispensable link. It is crucial to actively participate in the selection of evaluation organizations and take the initiative. According to Article 20 of the "Act on the Expropriation and Compensation of Houses on State-Owned Land", "The real estate price evaluation organization shall be selected by the expropriated person through negotiation; if the negotiation fails, it shall be confirmed by majority decision, random selection, etc., and the specific measures shall be formulated by the province, autonomous region, and municipality directly under the Central Government." The demolished persons can entrust an evaluation organization that they trust on their own, change from passive to proactive, and safeguard their rights from beginning to end. This is the third opportunity to increase compensation.
4. Protect your rights promptly without delay.
If the previous opportunities are not seized, and the demolition party finally takes the initiative to issue a "House Expropriation Compensation Resolution" due to depression and resistance, it is now the last opportunity.
But unfortunately, even at this last opportunity, the statute of limitations was missed because of the petitions of many evicted people who did not believe in the law. This is very regrettable and heartbreaking.
Beijingdemolition lawyerHere’s a reminder: protect your rights as early as possible, otherwise you will feel uncomfortable later. Guys, got it!
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