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It turns out that just these four steps can make the demolition party give in! What are you waiting for?

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Article author:Yingting Lawyers Group | Update time:2019-09-03 | Reading times:326

The country's legal system is becoming more and more perfect, and the lives of our people should also be protected. However, in the process of land acquisition and demolition, the demolished people are usually disadvantaged groups, and the expropriation party or expropriation agency has the support of the government and its own team as resources, with sufficient funds and human resources to maximize their interests. On the contrary, the personal interests of the demolished parties are most vulnerable to threats, and doing business with them is obviously not a wise choice.

However, some demolition companies, relying on the support of the government, excessively demand benefits and completely fail to comply with the requirements during the demolition process. Their behavior is arrogant, unreasonable and unreasonable. They use various means to carry out forced demolition and force the demolished people out of the demolished houses.

In this situation without a strong background, how can the demolished party just wait for the house to be demolished but cannot get compensation? And how can the expropriated party make the demolition party demolish in accordance with the rules and regulations and safeguard its legitimate rights and interests and get the demolition money?

It turns out that just these four steps can make the demolition party give in! What are you waiting for?


1. Confidant: Clarify the value of the house

According to my country’s Regulations on the Expropriation and Compensation of Houses on State-Owned Land, “the compensation for the value of the expropriated houses shall not be lower than the market price of similar real estate of the expropriated houses on the date of announcement of the house expropriation decision.” Therefore, the demolished house must first clarify the market value of its house and conduct a simple evaluation to have a clear idea, so that it can effectively negotiate compensation matters with the demolition party.

If there is a house to be demolished, the market assessment price of the property is 400,000. Taking into account the cost of hiring a moving company and the transfer fee, the approximate calculation is about 450,000. This price is the standard for negotiation between the demolished party and the demolishing party. If there is a small fluctuation in the price, it is acceptable, but if the fluctuation is too outrageous, the demolished person needs to be vigilant to prevent others from infringing on their personal interests.

It turns out that just these four steps can make the demolition party give in! What are you waiting for?


2. Know the enemy: Understand the legality of demolition actions

The expropriating parties usually do whatever it takes to achieve their goals. If the following behavior occurs, it is illegal demolition. After obtaining evidence, the demolished persons can protect their own interests in accordance with the law:

1. The purpose of expropriation is personal interests;

2. The expropriation does not have valid documents, and the expropriation decision, compensation plan and other documents have not been published;

3. Deceive the demolished party with expired documents and compensation standards;

4. Coax the demolished party into signing the contract;

5. Carry out forced demolition, implicated demolition, illegal demolition, accidental demolition, and forced demolition by illegal means;

6. Demolition cannot be carried out according to regulations and procedures;

7. Do not take the law as the standard of execution and seize by force;

3. Skills: Learn to negotiate demolition

How to conduct an effective negotiation with the demolition party. Faced with this dilemma, as an ordinary citizen, the only thing he can rely on is the law. So before negotiating, you need to know that collecting the other party's illegal evidence and using the law as a weapon to protect personal interests and rationalize the amount of compensation is an important weight. No matter what stage the negotiation enters, don't forget to follow legal procedures. First of all, the expropriation and demolition parties are required to negotiate, and their illegal behavior can be used as a bargaining chip to increase their chances of winning to ensure they win the negotiation and sign compensation.

It turns out that just these four steps can make the demolition party give in! What are you waiting for?


4. Bottom line: protect rights in a proper way

When it comes to house demolition, some demolishers do not want to fight a protracted war as long as the price is right and there are no principled issues involved. They hope to demolish the house as soon as possible. Therefore, the demolished people need to be flexible in how to safeguard their rights.

Usually local governments do not hesitate to illegally demolish in order to achieve their goals, so some people being demolished ask for exorbitant prices. Otherwise, they refuse to demolish, forcing the demolition process to be continuously delayed. The demolishers have no choice but to apply for court intervention to achieve the purpose of demolition. Therefore, what most demolished people need to remember is to discuss the compensation agreement with the demolition party based on the actual situation to ensure that the demolition process can continue.

Finally, the demolished persons must negotiate a compensation agreement reasonably and legally. Get as much information about the other party's resettlement compensation as possible to conduct research, and finally strive to have enough conditions to gain a reasonable advantage.


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