Legal information

With the advancement of urbanization, land acquisition and demolition are happening around us more and more frequently. Of course, it is a good thing to receive reasonable compensation for demolition, but if the demolition does not receive reasonable compensation, the demolished people are unwilling to be demolished. So, in the case of demolition, what should the demolished people do to maximize their own interests? .

The first stage of the announcement: When the demolition announcement comes out, read the content of the demolition announcement clearly, and it is best to take photos and save evidence. The general content of the demolition permit announcement is the name of the construction project, the demolisher, the demolition implementation unit, the demolition resettlement compensation standard, the demolition period, the scope of demolition, project establishment and project establishment document number, planning document number, designated land and land approval number.

Interpretation: 1. As a demolished person, understand that three of the five elements of the demolition permit are missing: project establishment, planning, and land approval. Generally, the above-mentioned government approval documents can be obtained through the government information disclosure application. 2. You must also read clearly the date and validity period of the demolition announcement. If the demolition has not been demolished after the validity period, he must apply for a new one.

At this stage, the main countermeasure of the land-expropriated and demolished people is to "pretend to be confused"; "2 Negotiations and Agreements" will be encouraged later. Understand whether the construction project after demolition will be a public utility or an enterprise? Is the nature of the land allocated or transferred? 1. Land use rights obtained through allocation must comply with the Ministry of Land and Resources Order No. 9 "Allocation Land Catalog". If the allocated land does not comply with this catalog, the leadership of the Land and Resources Bureau will be held accountable.

Article 4 of Order No. 11 of the Ministry of Land and Resources (effective from July 1, 2002) "Regulations on the Transfer of State-owned Land Use Rights by Bidding, Auction, and Listing" clearly stipulates: Land for commercial, tourism, entertainment, and commercial residential use must be transferred by bidding, auctioning, or listing. Without bidding, auction, or listing, this project is illegal, and the leadership of the Land and Resources Bureau must be held accountable.

It is illegal if the demolition behavior is not established. 2. Negotiation, this is also the stage when both parties to the demolition are testing each other out and finding out about each other. Demolition compensation is also very flexible. The demolition households should be patient and show weakness. Use "drag" tactics to force the other party to actively increase the compensation level and strive for your reasonable demands. Be calm and have good psychological quality. Never be afraid of their intimidation.

You must know that demolition is a kind of psychological warfare, and it depends on how patient you are. The demolition workers only mean to deceive, pressure people with documents, coax people with small profits, use coercion to intimidate people, etc. They even use gangsters when they have time. Many demolished households cannot stand such psychological torture and surrender! The demolished people must understand that unity is strength! .

Third, five documents are required to file lawsuits, hearings, mediations, and administrative rulings in accordance with the law, but they are: (1) Construction project approval document; approved by the local master planning committee; (2) Construction land planning permit (with red line map attached); issued by the local urban planning administrative department; (3) State-owned land use rights approval document; issued by the local land management department.

(4) Demolition plan and demolition plan; refers to the plans and programs made by the demolisher for the demolition activities to be implemented in the future. (5) Compensation and resettlement fund certificate issued by the financial institution that handles deposit business; the special account for house demolition compensation and resettlement funds is opened by the demolisher and is generally supervised by the demolisher, financial institutions and the house demolition management department.

Land acquisition personnel shall not violate statutory procedures and legal provisions, substitute government meeting minutes or documents for demolition permit requirements and planning changes determined by laws and regulations, and expand the scale of demolition without authorization. For details, see (Guobanfa [2004] No. 46 "Notice on Controlling the Scale of Urban House Demolition and Strict Demolition Management" by the General Office of the State Council).

Do not assume that the demolition management department has issued a demolition permit with all five certificates. 103010 Paragraph 3 of Article 25 stipulates: "If there is a dispute over the compensation standard, it shall be resolved through coordination and resolution by the local people's government at or above the county level; if coordination fails, it shall be decided by the people's government that approved the land acquisition." 103010 Article 14 stipulates: "If the expropriated person is dissatisfied with the house expropriation decision made by the people's government at the city or county level, he may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law.

"03010 Paragraph 3 of Article 26 clearly stipulates: "If the expropriated person is dissatisfied with the compensation decision, he may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law." If the expropriated person is dissatisfied with the compensation plan for house expropriation on state-owned land, the expropriated person can put forward his own amendments. If the compensation standard for house expropriation on collective land is not met, the expropriated person can apply for administrative coordination; if he is not satisfied with the administrative coordination, the expropriated person can further apply for administrative ruling.

After signing a compensation agreement, the expropriated person can request the court to change or cancel the compensation agreement, or request the court to confirm that the compensation agreement is invalid. During the expropriation stage, the expropriated person should take an active role and proactively exercise the legitimate rights and interests granted by the law. If there are relevant issues, consult a lawyer in a timely manner and seek professional help.

The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail. If you want to know more about this, you can consult a lawyer on this site for one-on-one online consultation.