administrative agreement

According to the provisions of my country's "Land Management Law", when the state has the right to compulsorily expropriate land, it must declare to the relevant departments and obtain relevant expropriation approval documents before carrying out land acquisition activities. So, does the state have the right to forcefully demolish? Does the state have the right to demolish?
The government may forcibly demolish a house. If the house demolisher and the house demolisher or the house lessee fail to reach a compensation and resettlement agreement after negotiation, and one party applies to the district or county real estate bureau where the house is to be demolished for an administrative ruling, and the house demolisher or house lessee fails to complete the relocation within the time specified in the administrative ruling, the house may be forcibly demolished in accordance with the law.

Legally, it is possible to demolish a house:
(1) For illegal buildings, structures and facilities, local people's governments at or above the county level shall instruct relevant departments or township or town people's governments to organize the demolition in accordance with the law;
(2) For municipal and county-level people's governments that have made decisions on expropriation and compensation for houses on state-owned land, the People's Court has ruled to allow forced demolition;

(3) According to Article 34 of the "Administrative Enforcement Law" "After the administrative agency makes an administrative decision in accordance with the law, if the party concerned fails to perform its obligations within the time limit determined by the administrative agency, the administrative agency with administrative enforcement power shall enforce it in accordance with the provisions of this chapter."
(4) The people's court with jurisdiction may organize the forced demolition of illegal buildings, structures and facilities that have been legally effective through judicial proceedings, newly built buildings and other facilities on illegally occupied land, and houses on state-owned land.

Beijing Yingting Law Firm's national land demolition compensation lawyers specialize 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.

Conditions for compulsory demolition by government departments:
(1) For house demolition, the relevant demolition documents must first be complete (construction project approval documents;
Construction land planning permit;
Approval document for state-owned land use rights;
Demolition plans and programs;
Demolition compensation and resettlement fund deposit certificate issued by the financial institution that handles deposit business, etc.

(2) House demolition requirements "Demolition Permit", demolition announcement (now published) (demolition permit will be reviewed and issued within 30 days)
(3) Assessment entrusted by the house demolisher
(4)Send evaluation report and notice
(5) The appraisal committee shall consist of more than three nationally registered real estate appraisers.

If the expropriated person has obtained the national land acquisition approval document and refuses to acquire the land without reason, the expropriated person can forcibly remove the land attachments while ensuring safety. Therefore, for the public interest, the demolished people actively cooperate with the government. If they encounter unreasonable demolition compensation, they must learn to protect their legitimate rights and interests through legal procedures. If you want to know more about this, you can consult a national land demolition compensation lawyer on this site for one-on-one online consultation.

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