Government-enterprise disputes

Case study: If a billboard installed by an advertising company with permission is demolished, how should compensation be paid? How should we protect our rights? In addition, after the company obtains the corresponding administrative license, it is punished and dealt with by relevant departments on the grounds of illegality. How should it safeguard its rights? Let’s learn about the relevant laws and regulations through specific cases.

In September 2010, an advertising company obtained the operating rights of two billboards in a certain place through transfer. In 2013, the city's comprehensive law enforcement approval approved the establishment of a large billboard in a certain place in the city. In May 2015, the Administration for Industry and Commerce issued an outdoor advertising registration certificate to the enterprise. Later, due to the illegal construction and rectification activities carried out in the city to create a civilized city, the Municipal Urban Construction Bureau issued a notice to the advertising company to dismantle the large advertisement, requiring the advertising company to dismantle the billboard within a time limit. Of course, the company did not dismantle it. One day in June 2015, the Municipal Urban Development Bureau teamed up with several units to forcibly dismantle the billboard. After the billboard was demolished, the company filed a lawsuit, demanding confirmation that the demolition was illegal and compensation.

Similar to this case, there are many factory construction projects. Construction started after signing an investment promotion contract and acquiring the land. During the construction of the green channel, for example, administrative entities required enterprises to hurry up and build it. Because many companies that opened the green channel before did not go through relevant procedures in time, there are many such situations. Let’s take a look at how the court determined it.

The court held that the Municipal Urban Development Bureau and several agencies jointly carried out the forced demolition of billboards, which caused the company to suffer losses and should be compensated, and the Urban Urban Development Bureau should fulfill its obligation to compensate. Under the Compensation Act, the company bears the burden of proof for the damage to the billboard. The Municipal Urban Development Bureau should compensate the advertising company for its losses. The court identified the demolition after appraisal and pointed out that the relevant departments issued outdoor registration certificates and signed and approved various procedures, and then forced demolition of the enterprise in the name of illegal construction, which was obviously illegal.

This case was eventually listed as a typical case by the Gansu Provincial High Court. The Gansu Provincial High Court believes that the independent business rights of enterprises should be protected in accordance with the law. In this case, relevant departments launched rectification activities on illegal buildings within the city and required all illegal building structures to be demolished. Originally, the Municipal Housing and Urban-Rural Development Bureau did not find out whether the advertising company's billboards were constructed illegally. During the demolition process, if compulsory demolition is not carried out in accordance with legal procedures in accordance with the provisions of the Administrative Enforcement Law, it shall be confirmed that the demolition is illegal and the party shall be liable for compensation. The court made a judgment in favor of the enterprise in determining the specific amount of compensation, which protected the legitimate rights and interests of market entities and demonstrated the court's guiding role in maintaining the business environment.

When encountering similar problems, you can consult a professional team of lawyers in a timely manner. The lawyers will safeguard the legitimate rights and interests of the enterprise in accordance with legal regulations, local policies, document notices from relevant departments, and relevant case precedents. You can also consult us. For political and commercial disputes, of course you should consult Beijing Yingting lawyers. We will provide detailed legal opinions based on the provisions of laws, regulations, local policy normative documents, and relevant cases, combined with some factual evidence of the case, and use legal knowledge to negotiate with the competent authorities to strive for a fair and satisfactory solution.

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