Legal information

After an enterprise signs relevant agreements with administrative agencies, but the relevant departments have not fulfilled them, what should we do? In addition, after the company obtained the land, the relevant departments promised to handle the subsequent license procedures, but they have not done so, resulting in many problems. How to deal with it?

A private water plant in Suining, Sichuan, was suddenly designated as a water source protection zone, and the company's land was required to be occupied for reasons such as building a bridge. The water plant covers an area of ​​two acres, with a building area of ​​more than 1,000 square meters. The business owner invested several million yuan. The company's land was acquired through auction. The auction document clearly states that the subsequent land certificate and other related procedures will be handled by the relevant departments. However, it has not been handled yet. As a result, on the issue of expropriation and compensation, the relevant expropriation departments have relatively low compensation for the company on the grounds that there is no certificate. Business owners ask lawyers what should they do if they encounter this kind of situation? How to protect the legitimate rights and interests of the company itself?

In fact, cases like this have also sounded the alarm to many other companies that have not encountered expropriation. After the enterprise and the administrative agency sign the relevant procedures, if the relevant department has not performed the agreement, they must find a way to perform it as soon as possible, even if it is through litigation, they must solve it as soon as possible.

In addition, after the company obtained the land, the relevant departments, especially the management committee and other departments, promised that they would handle the subsequent procedures, but they have not yet done so. There are many follow-up problems that must be solved in time. How to solve them is very important.

In 2021, the Ministry of Natural Resources issued a notice on properly solving the problems left over from the history of real estate registration. The notice clarified how to solve the problems without land procedures. If there are no planning procedures, we must hurry up and complete the procedures. We have been strengthening the resolution of historical issues. Therefore, everyone must seize this opportunity. If there are no land-related procedures, they must be resolved as soon as possible. Otherwise, they may be treated as illegal construction and illegal land occupation in the future. Therefore, we must solve it quickly before expropriation or disputes occur to nip problems in the bud.

Returning to this case, a company had a dispute over expropriation compensation. The expropriation department said that the company had no relevant procedures. The company said that the lack of procedures was not caused by the company itself, but that the relevant departments made promises but failed to fulfill them. Therefore, this case has two legal relationships: First, the issue of administrative inaction of relevant departments and failure to perform statutory duties requires separate legal procedures. When compensation is made, or the relevant departments are required to handle land procedures in a timely manner, can it be done? Can't do it. Because this land has been designated as a water source protection zone, the court will determine the issue of liability during the trial process. If liability is determined, you can ask the compensation department to compensate. If the compensation department still compensates for unlicensed construction, then this part of the loss should be compensated by the certification authority, at least so that the company's losses can be remedied.

Among the cases we have handled recently, there are many similar cases, many of which were caused by issues left over from history. The current laws are complete, such as the opinions on the property rights protection system, the opinions of the Supreme People's Court on the use of judicial functions to protect property rights, and the "Regulations on Optimizing the Business Environment", etc., which all have clear provisions. The Supreme People's Court has also made special notices on cases that address issues left over from history. Therefore, when faced with such a problem, everyone must be qualitative and accurate.

Each case is different and requires specific analysis, so what should business owners do if they encounter a similar situation? It is recommended to find a professional team of lawyers for analysis in a timely manner, or you can consult us. For administrative disputes, of course, you should consult Beijing Yingtong lawyers. The legal team will point out the way, collect factual and legal basis, and issue a simple case handling plan, and then the business owner will decide how to solve the problem next. Use legal tools to protect your legitimate rights and interests.

The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail.