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【Plaintiff】Li Moumou

【Agency Law Firm】Beijing Yingting Law Firm

【Defendant】People's Government of a city in Hunan Province

【Case Introduction】

Li Moumou owns a legal homestead and residence. Due to the construction of a certain section of the Erguang Expressway, multiple houses in his village (including Li's home) need to be expropriated. After signing the resettlement compensation agreement, the homestead resettlement compensation has not been completed. When an individual applies for farmland to build a house, he first needs to apply to the relevant department to convert the agricultural land into housing land. Therefore, the approval process is illegal and cannot achieve the purpose of resettling Li Moumou's homestead.

Due to the delay in resettling the homestead, Li purchased the homestead and built a house on his own. The plaintiff believed that he had fulfilled the expropriation procedures in accordance with the law, reached a resettlement compensation agreement with the expropriated person, and had paid the compensation, which included resettlement fees for new homestead construction. The two parties had a dispute over whether the demolition party had completed the resettlement of the expropriated person's homestead. Li Moumou and others believed that the demolition party had not resettled the expropriated person in accordance with the law and violated his legitimate rights and interests, so they hired Yingting Law Firm to defend their rights in accordance with the law.

After accepting the case entrustment, based on the attitude of being responsible for the case, the Yingting legal team carefully sorted out the case materials and conducted on-site investigation and evidence collection to collect evidence "Land Acquisition"Demolition compensationThe "Resettlement Plan Announcement" proves that the resettlement method for the homestead is off-site resettlement, and at the same time, it proves through the village committee that there is no homestead resettlement, and multiple emails to the city government prove that it has requested homestead resettlement multiple times.

【Court Judgment】

It was ruled that the Municipal People's Government should implement matters related to Li Moumou's new house and homestead within 2 months. The plaintiff's claim was supported.

Article 10 of the "Regulations of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases Involving Rural Collective Land" stipulates: If the land rights holder has objections to the land compensation determined during the organization and implementation process of the land management department and directly files a lawsuit with the People's Court, the People's Court will not accept the case, but shall inform the land rights holder to first apply for a ruling from the administrative agency. The "Regulations for the Implementation of the Land Management Law" also stipulates thatCompensation standardIf there is a dispute, it will be coordinated by the local people's government at or above the county level. If coordination fails, it will be adjudicated by the people's government that approved the land expropriation. After the court accepted the case and held a hearing, it supported the lawyer's point of view. If there is a problem with the implementation of the "House Demolition Agreement", as long as the defendant (the expropriating party) fails to resettle the homestead in accordance with the law and regulations, the defendant (the expropriating party) has not performed its legal duties. Therefore, there is no problem of exceeding the time limit for prosecution.

Finally, the expropriated person is reminded that forDemolition and resettlementIf you have any questions or disputes about the signing and implementation of the compensation agreement, you must consult a professional demolition lawyer in time. For more expropriation and demolition issues, please follow us.