Legal information

Nowadays, many rural villagers choose to work in big cities because they have no extra land for farming at home, or they want to seek better development. After leaving their hometown, some villagers’ self-built houses are uninhabitable. If compensation cannot be negotiated during demolition, the demolition party is likely to directly carry out forced demolition while the villagers are away. The villagers are unprepared to find a ruin when they return home, and do not know where to get the demolition compensation.

Faced with this situation, those who are preparing for demolition must first determine whether this kind of forced demolition is illegal. Here, demolition lawyers remind that not all forced demolitions are necessarily illegal! Judicial demolition approved by the court;
The two types of forced demolition of houses and ground attachments by administrative agencies are legal and illegal demolitions:
Theft, accidental demolition, assisted demolition, violent demolition, illegal demolition, judicial demolition.

Therefore, the above situation is an illegal forced demolition. If households relocated from other places hear the news of demolition in their hometown and see local expropriation notices, compensation and resettlement plans and other documents, they must collect evidence in time and go back to their homes in person or arrange for neighbors or relatives to take photos or videos of their houses to prepare sufficient evidence for future rights protection.

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Secondly, if the house is stolen and demolished, the person being demolished must call 110 to tell the police that his house has been stolen and demolished. Tell the police in as much detail as possible. After a few days, go to the police station to inquire about the investigation results, ask the police to give you a case acceptance notice, inform you in writing of the investigation results, and then file a targeted administrative lawsuit with the People's Court.

Of course, if the police fail to perform relevant legal duties, the demolished persons can also file a lawsuit with the People's Court, requesting that the police fail to perform their legal duties and violate the law, and then file a lawsuit to confirm that the demolition behavior of the demolishers is illegal and compensate them. In addition, if the demolition households do not know who demolished the house, they can visit everywhere. During the inquiry process, they must keep records, which will be helpful for future rights protection.

Every step of the demolition-related information announcement, agreement signing, house demolition, and compensation implementation involves the vital rights and interests of the demolished people. The demolition party's illegal operations or inaction will indirectly damage the compensation interests of the demolished people. Therefore, we must always pay attention to details during the expropriation and demolition process. Especially in the face of various illegal demolition methods such as forced demolition, forced relocation, violent demolition, etc., it is even more necessary to use the illegal behavior of the demolition parties during the demolition process as the entry point to file legal proceedings in order to obtain compensation.

The statute of limitations for suing for forced demolition does not exceed one year. Many demolished households who go out to work may choose to petition, find connections, etc. After learning that their houses have been demolished, they may miss the statute of limitations, resulting in the inability to sue to confirm that the forced demolition is illegal. In the above situation, the demolished must promptly consult a professional demolition lawyer to avoid unnecessary detours.

After all, lawyers have rich experience in handling cases and can quickly discover the illegal points of the demolished party and can better protect the rights of the demolished people.

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 demolition lawyer on this site.