Government-enterprise disputes

During lawyer Ying Ting's business trip, the expropriated people consulted lawyer Ying Ting: "Lawyer, we said we were going to demolish, but there was no movement. After questioning, the demolisher said that the demolition compensation needs to be adjusted. Will the more the adjustment, the less compensation he will get?" "Lawyer Ying Ting replied affirmatively: "No matter how the demolition compensation is adjusted, the following five principles must be adhered to and cannot be violated! "

1. Principle of fair and reasonable compensation
According to Article 48 of the Land Administration Law of the People's Republic of China: "Fair and reasonable compensation shall be given for land expropriation to ensure that the original living standards of farmers whose land is expropriated are not reduced and their long-term livelihoods are guaranteed." Therefore, during the process of land acquisition and demolition, the demolishing party must formulate fair and reasonable compensation standards.

If the living standards of expropriated farmers are lower than before, it is not fair and reasonable compensation for demolition.
2. The principle of compensation first and relocation later
According to Article 27 of the Regulations on Expropriation and Compensation of Houses on State-Owned Land: "House expropriation shall be compensated first and then relocated." Therefore, it is illegal to require compensation after demolition. The purpose is often to demolish ordinary people's houses, speed up the demolition process, or put the demolished people in a disadvantageous negotiating position, so that the expropriating party has sufficient initiative to exert pressure and reduce compensation.

The demolished people must adhere to the principle of compensation first and then relocate, and do not be misled by the demolishers. The two parties must reach an agreement on various issues regarding house expropriation and compensation, and then after signing the expropriation and compensation agreement, both parties need to perform the obligations specified in the agreement as agreed. When all these matters are completed, the requirements of the "compensation" principle are met.

The professional fields of rural land expropriation and compensation lawyers: legal services in rights protection of various types of houses and breeding farms and other building structures that are deemed to be illegal construction (illegal construction), expropriation and demolition of companies, enterprises, factories, and breeding farms, expropriation and compensation of houses on state-owned land, rural land expropriation and housing resettlement compensation, administrative agreements, etc. The scope of agency covers Beijing, Shanghai, Tianjin, Yunnan, Guizhou, Sichuan, Chongqing, Xinjiang, Qinghai, Gansu, Jilin, Liaoning, Shandong, Hebei, Henan, Hubei, Hunan, Shaanxi, Anhui, Jiangsu, Zhejiang, Jiangxi, Guangdong, Fujian, Hainan and other regions.

3. In principle, the compensation shall not be lower than the market price of similar real estate in the surrounding area.
According to Article 19 of the Regulations on the Expropriation and Compensation of Houses on State-Owned Land: “Compensation for the value of expropriated houses shall not be lower than the market price of similar real estate of the expropriated houses on the date of announcement of the house expropriation decision.” Therefore, if the average compensation price of your house is lower than the price of similar houses in the surrounding area, it is definitely unreasonable and illegal.

If this happens, the demolished people must protect their rights in time
4. The principle of free choice of compensation methods by the demolished households
According to Article 21 of the "Regulations on Expropriation and Compensation of Houses on State-owned Land": "The expropriated person may choose monetary compensation or exchange of house property rights." At the same time, in practice, if the value of the house of the demolished household is relatively large, the demolished household can also choose to receive both demolition money and resettlement housing.

If during the demolition process, the local government ignores the opinions of the demolished households and forces them to take money or houses, it is illegal. The demolished households can rely on the law to protect their legitimate rights and interests.
5. Principles prohibiting forced demolition
According to Article 27 of the Regulations on the Expropriation and Compensation of Houses on State-Owned Land, “No unit or individual may force the expropriated person to relocate by illegal means such as violence, threats, or violation of regulations such as interruption of water supply, heat supply, gas supply, power supply, and road transportation.

Construction units are prohibited from participating in relocation activities. Article 31 stipulates: “If the expropriated persons are forced to relocate by illegal means such as violence, threats, or violation of regulations to interrupt water supply, heat supply, gas supply, and road traffic, causing losses, they shall bear liability for compensation in accordance with the law.” Therefore, not only is forced demolition illegal, but violent and soft violence that forces the relocated households to relocate, such as cutting off water and electricity, are also legally responsible.

No matter how the demolishers adjust the demolition compensation, they cannot violate the principles stipulated in relevant laws and regulations, otherwise it will be illegal collection. The demolished persons may refuse to sign any documents and must immediately find a professional rural land expropriation and compensation lawyer to safeguard their rights. Only in this way can the demolished people receive satisfactory compensation for demolition.

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 rural land expropriation and compensation lawyer for one-on-one online consultation.