Legal information

Introduction to the article: The demolition compensation for my house is more than 100,000 less than others. I don’t agree with the price. The expropriating party will not demolish it. What should I do?

1. The demolition compensation offered to me is obviously lower than others. Can I refuse?

1. Question

A friend who was a demolition household left a message to Yingting. He said: My hometown is also about to be demolished. Compared with others, the price is more than 100,000 yuan less than others. I don't agree. They say that my house is on the roadside (highway expansion) and they will not demolish my house. Invisibly, I have become a nail household, and they say that I am a lion. What should I do?

2. Answer

Each land acquisition project has an allocation and the total compensation amount is clear. There is a detailed compensation and resettlement plan. It does not mean that you can give as much compensation as you want, nor can you just give 100,000 yuan less. If you are not satisfied with the compensation, you can raise an objection. You can request a hearing, apply for administrative review or administrative litigation. There is no evidence to prove whether "capacity expansion on highways" is involved. If the house is to be demolished in the future, reasonable compensation must be given first and then the house is demolished.

2. The demolition compensation is obviously lower than others. What can the demolition households do?

1. If the demolished households are not satisfied with the compensation, please do not sign the agreement.

Many demolished households said that they had no initiative at all when it came to land acquisition and demolition. It is up to them to decide how much compensation the demolition party wants to give. If the demolished households have objections, the staff of the demolition party may use various methods to persuade them to sign. Sometimes the compensation plan is presented to the demolished households, saying that other households have signed agreements in this way, and the compensation standards are unified and cannot be changed. Some demolished households couldn't stand the tough talk and signed the agreement. Later, I found that the compensation standard was too low, and I had no choice but to regret it.

2. The compensation policy is not uniformly determined and cannot harm the legitimate rights and interests of the demolished persons.

In fact, there is no unified national compensation policy that stipulates the specific amount of compensation for demolition. According to the relevant provisions of the Land Management Law, the standards for compensation for land expropriation are somewhat flexible and will be set with reference to the annual output value of the expropriated land. Compensation for attachments and young crops on the land, as well as resettlement subsidies for other land other than cultivated land, shall be stipulated by the province, autonomous region, and municipality directly under the Central Government.

3. It is not acceptable to provide too little compensation for demolition and land acquisition, because the original living standards of farmers must not be reduced. Under special circumstances, the compensation may be increased.

(1) According to relevant laws, land acquisition compensation and resettlement must be based on the principle of ensuring that the original living standards of land-expropriated farmers are not reduced and that long-term livelihoods are guaranteed. All localities must conscientiously implement the provisions of Guobanfa [2006] No. 29 document and do a good job in employment training and social security for landless farmers. The social security expenses of land-expropriated farmers shall be included in the land acquisition compensation and resettlement expenses in accordance with relevant regulations, and the shortfall shall be paid by the local government from the income from the paid use of state-owned land. Land acquisition shall not be approved if social security fees are not paid.

(2) According to Article 47 of the Land Management Law, if land is expropriated, compensation shall be provided according to the original purpose of the expropriated land. Compensation fees for farmland acquisition include land compensation fees, resettlement subsidies and compensation fees for ground attachments and young crops. The land compensation fee for the expropriation of cultivated land shall be six to ten times the average annual output value of the three years before the expropriation of the cultivated land. The resettlement subsidy for cultivated land acquisition shall be calculated based on the number of agricultural population to be resettled. The number of agricultural population to be resettled is calculated by dividing the amount of expropriated cultivated land by the average amount of cultivated land per person of the expropriated unit before land acquisition. The resettlement subsidy standard for each agricultural population that needs to be resettled is four to six times the average annual output value of the three years before the farmland is expropriated. However, the resettlement subsidy for each hectare of expropriated cultivated land shall not exceed fifteen times the average annual output value of the three years preceding the expropriation. The Yingting demolition team learned that the standards for land compensation and resettlement subsidies for the acquisition of other land are stipulated by provinces, autonomous regions, and municipalities with reference to the standards for land compensation and resettlement subsidies for the acquisition of cultivated land. The compensation standards for attachments and young crops on the expropriated land shall be stipulated by the provinces, autonomous regions and municipalities directly under the Central Government. When expropriating vegetable plots in urban suburbs, the land-using unit shall pay a fund for the development and construction of new vegetable plots in accordance with relevant national regulations. If the payment of land compensation fees 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 subsidies may be increased with the approval of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government. However, the total of land compensation and resettlement subsidies shall not exceed thirty times the average annual output value of the three years before the land is expropriated. Based on the level of social and economic development, the State Council may, under special circumstances, increase the standards of land compensation fees and resettlement subsidies for cultivated land acquisition.

4. The compensation standards are not independently formulated by the expropriating party and the demolition party and can be directly implemented.

The compensation plan must be demonstrated and approved by relevant departments, and the proposed expropriation plan must be announced before implementation, publicly solicit opinions and make modifications, hold hearings if necessary, and finally determine the resettlement compensation plan before it can be implemented.

(1) The "Land Acquisition Announcement Measures" stipulates that the relevant municipal and county people's government land administrative departments shall solicit different opinions from land-expropriated rural collective economic organizations, rural villagers or other rights holders on land acquisition compensation and resettlement plans. If a party requests a hearing, a hearing shall be held. If it is really necessary to modify the land acquisition compensation and resettlement plan, it shall be modified in accordance with relevant laws, regulations and the approved land acquisition plan.

(2) The "Regulations on the Expropriation and Compensation of Houses on State-Owned Land" stipulates that the municipal and county-level people's governments should organize relevant departments to demonstrate the expropriation and compensation plan and publish it to solicit public opinions. People's governments at the municipal and county levels shall promptly announce the solicitation of opinions and the modifications made based on public opinions. If houses need to be expropriated due to the reconstruction of old urban areas, and most of the expropriated persons believe that the expropriation compensation plan does not comply with the provisions of these Regulations, the people's government at the city or county level shall organize a hearing attended by the expropriated persons and public representatives, and modify the plan based on the results of the hearing.

5. The resettlement compensation agreement is not mandatory. If you feel that the compensation is unreasonable, both parties can negotiate the compensation conditions.

The process of negotiating a compensation agreement should be based on fairness and equality. The relationship between the expropriating party and the expropriated people, and the demolishing party and the demolished households is not the relationship between management and managed. You are not given an agreement and you have to sign it. Once signed, it has legal effect, indicating that you have recognized this compensation standard, and there is no way out! Therefore, the demolition households must be confident and cannot be led around. Do not easily believe in the verbal promises made by the demolition party. All promises must be reflected in the compensation agreement. And the demolished households must ask for the original resettlement compensation agreement. If you don't have an agreement in hand, you will be relatively passive if you want to protect your rights through legal means in the future, because you lack a strong evidence.

6. Strive for the initiative to obtain evaluation

Dong Guonv from Yingting believes that the demolished people have a very important right, which is the right to choose the assessment agency. That is to say, the demolished people have the right to choose the assessment agency. The assessment agency here refers not only to the province, but also not only to the assessment agencies in the list provided by the government. The demolished persons have the right to re-measure, identify and appraise the property. (1) If there is a dispute over the amount of decoration compensation, you can apply for evaluation. (2) If there is a dispute over the area, you have the right to apply for measurement. (3) When property rights are exchanged and the price difference needs to be settled, the demolisher has the right to apply for an assessment of the market price of the demolished house. The demolished persons have the right to evaluate the market price of the compensation houses.

Yingting reminds you:

1. It can be seen from everyone’s feedback that many immigrants who are about to relocate are worried that the compensation is too low and cannot guarantee a normal life in the future. However, my country has a basic policy on compensation for land acquisition and demolition, which means that the original living standards cannot be reduced due to land acquisition and demolition. Regarding this situation, our country's law provides this.

(1) Governments at or above the county level must take practical measures to prevent the living standards of land-expropriated farmers from being reduced due to land acquisition. Ensure full and timely payment of land compensation fees, resettlement subsidies, and compensation fees for ground attachments and young crops in accordance with the law.

(2) If the land compensation fees and resettlement subsidies paid in accordance with the current legal provisions are still unable to maintain the original living standards of the land-expropriated farmers and are insufficient to cover the social security expenses of landless farmers due to land acquisition, the people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government shall approve an increase in resettlement subsidies.

(3) If the total of land compensation and resettlement subsidies reaches the legal upper limit and is not enough to maintain the original living standards of the land-expropriated farmers, the local people's government can subsidize it with income from the paid use of state-owned land. The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government must formulate and publish unified annual output value standards or comprehensive land prices for land acquisition in cities and counties. Land acquisition compensation must be the same price for the same land. National key construction projects must include the full amount of land acquisition costs in their budget estimates.

2. 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. Therefore, if you are not satisfied with the resettlement compensation conditions, you should actively negotiate with the expropriating party. If you delay, you will only miss the statute of limitations. If you cannot reach an agreement with the expropriation and demolition party, please contact a professional expropriation and demolition lawyer as soon as possible to find a solution.