Beijing Yingtong Law Firm has focused on the protection of the rights and interests of private enterprises for many years. It has represented many corporate rights protection cases in the legal practice of rights protection in natural resources, mining, land, waters, territorial space, corporate equity, criminal defense, factory demolition, environmental protection shutdown, prohibition and vacation, etc., including large-scale real estate...
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Article author:Yingting Lawyers Group | Update time:2019-09-03 | Reading times:367
When faced with land acquisition and demolition, the rationality of compensation is obviously the most important thing for all demolition households. The house he built with so much effort will become ruins. If he does not receive satisfactory compensation, then his life's efforts will be in vain. What should be done to really increase the amount of compensation? The lawyer below will tell you how to improve your compensation.

When faced with land acquisition and demolition, the demolished households are usually the weaker party, and it is difficult for them to fight fairly with the dominant demolition party and the government. Therefore, when encountering a large-scale demolition by the government, the first thing the demolished households will think of is to "sue their parents," that is, write letters and petitions, trying to put pressure on the government with the help of higher-level administrative departments.
After many years of petitioning, there was still no result. When I thought about suing again, I realized that I had missed the time to defend my rights and lost all opportunities to improve compensation, so I had to swallow the bitterness.
But generally speaking, unreasonable demolition compensation will occur simultaneously with illegal land acquisition and demolition. Therefore, if you encounter land acquisition and demolition, you should stay calm, maintain a good mood, discover the illegal behavior of the demolition party during the land acquisition and demolition process, and use the rights protection methods advocated by the law, that is, requesting secondments and filing lawsuits, and using the law to put pressure on the demolition party.
The demolition households also need to understand that in fact the demolition party is very afraid of "citizens suing the officials". If they collect illegally, they will usually do some ulterior things. If the demolished households use legal rights protection, the demolishing party will contact them as soon as possible and renegotiate, and ultimately increase the compensation.
Use legal weapons to create an environment where you can be on the same footing as the demolition party, and strive for the initiative in the negotiation process, so that you can obtain satisfactory compensation.

When faced with expropriation, it is not uncommon for the government and the demolished households to have unequal information. Failure to publish and clarify the information is equivalent to blurring the eyes of the demolished households. Faced with this situation, no matter which method the demolished households use to defend their rights, they will be like ants on a hot pot with no clue, meaningless, and unreasonable compensation.
Only by understanding the other party can we win. A clear and complete grasp of all kinds of information in the demolition is a key step for the demolition households to obtain reasonable compensation. Therefore, before starting the expropriation, the demolition households should actively collect documents and materials provided by the demolition party and keep various documents of the house, such as expropriation notice, expropriation compensation plan, house measurement data, household assessment report, real estate certificate, land certificate, construction planning permit, etc.
Only by mastering all the information as a whole can the demolition households have a rough judgment on the amount of compensation they should receive for house demolition. It will not be easy for the demolition party to deceive them.

The "Regulations on the Expropriation and Compensation of Houses on State-Owned Land" requires: "People's governments at the city and county levels should make compensation and reward plans and provide reasonable compensation and rewards to the demolished households." In fact, rewards are to enable the demolition work to be completed without hindrance on the basis of reasonable compensation.
However, in order to improve the efficiency of demolition and reduce the cost of compensation and resettlement, the demolition parties often formulate overwhelming reward traps to induce the demolished households to sign compensation and resettlement agreements.
Many relocated households hurriedly signed resettlement compensation agreements in order not to miss the time to receive rewards. Only after receiving the compensation did they realize that those who did not receive rewards actually received much more compensation than themselves.
If you want to increase the compensation at this time, the probability is very small. The demolition households must know that if the compensation given by the demolition party is reasonable, then take it if you can get the reward; if the compensation given by the demolition party is unreasonable, no matter how big the reward is, it is just a guise. Don't lose a big sum for the small profit in front of you.

Demolition assessment is closely related to reasonable compensation, so the reasonableness and legality of the assessment process is crucial. The "Regulations on the Expropriation and Compensation of Houses on State-Owned Land" requires: "House value assessment companies must conduct house value assessment operations with independence, objectivity and fairness, and all units and individuals cannot interfere."
However, during actual demolition, the demolition party usually makes some changes during the evaluation process in an attempt to reduce the compensation to the demolished households as much as possible.
When encountering this situation, only by correctly judging whether the house evaluation procedures are completely legal can the relocated households effectively alleviate the problem of low resettlement compensation. If the demolition households have doubts about the evaluation results given by the demolition party, do not give up resistance and submit a request for review as soon as possible.
If you still have doubts about the results of the review, you can submit an assessment application to the local assessment expert committee where the expropriated house is located within ten days after the review results are announced.

Signing a resettlement compensation agreement is the last step in land acquisition and demolition. Many relocated households have been deceived by the demolition party's clever words, thinking that the compensation has been successfully negotiated and the demolition party will not deceive themselves anymore. Therefore, in the process of signing the agreement, I did not carefully analyze the terms in the agreement and signed it carelessly. As a result, it was limited to the last step and could not ultimately obtain reasonable compensation.
In fact, whether the successfully negotiated compensation will finally appear in the contract and become a reality depends on the resettlement households' careful consideration of the resettlement compensation agreement and careful consideration.
Therefore, when signing a resettlement compensation agreement with the demolition party, everyone must carefully read whether the terms of the agreement are clear. If there are any ambiguities or difficult to understand, you cannot sign directly, let alone just listen to the oral guarantees of the demolition staff. Everyone must understand that anything that is not in the agreement can be ignored.
Everyone hopes to reach an agreement with the demolition party on reasonable compensation through negotiation. But in fact, the demolition party, which represents public power, is usually a little arrogant and unreasonable and does not want to negotiate with the demolition households on an equal footing.
If in the end everyone still cannot reach an agreement with the demolition party and there is no way to sign a resettlement compensation agreement, the demolished households should take the initiative and use legal means to safeguard their rights and interests. At present, a better way is to ask a professional lawyer to improve the compensation standard by applying for administrative reconsideration or administrative litigation.
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