Enterprise demolition

Many expropriated people came to ask Beijing demolition lawyers:
My house is included in the expropriation scope, can I not demolish it?
What Beijing demolition lawyers want to tell you is that for the public interest, the house is compulsorily expropriated by law and the house must be demolished. "Judicial demolition" is often a step in house expropriation. The expropriated cannot refuse the demolition, but the expropriated have the right to speak in terms of compensation and resettlement, the right to negotiate with the expropriated party, and the right to review and litigate.

It is worth noting that although the law directly stipulates fair and reasonable compensation for expropriated persons, there are always expropriated persons who insist on violating the law and do not compensate in accordance with the law. Some expropriated persons do not know how to safeguard their rights and how to fight for it, and have to bear the unfavorable result of "getting poorer after demolition." Therefore, it must be understood that since the house will inevitably be demolished, the more important issue is how to obtain reasonable and satisfactory compensation before forced demolition.

Many expropriated people are often led by the expropriated party because they do not understand the laws and regulations of land acquisition and demolition and the legal expropriation process. I would like to remind everyone to seize the following five rights protection opportunities, do not fall into the trap, do not miss the rights protection opportunity, and make reasonable compensation.
1. Levy announcement In order to fulfill the obligation and responsibility of notification, the expropriation parties will promptly announce the house expropriation decision in the early stage of expropriation, so that the expropriated people can fully understand the house expropriation information and fully enjoy the right to know.

Here, we need to remember a principle:
3354, no announcement, no expropriation. If the expropriating party fails to publicize the house expropriation decision and compensation plan, such expropriation is suspected of illegal procedures. In this case, anyone has the right to refuse to negotiate compensation with the expropriating party, and has the right to refuse expropriation. If you want to get the expropriation decision, you can apply for information disclosure.

Of course, generally expropriation matters that need to be carried out for the public interest will be announced, so at this time the opportunity for rights protection has arisen. The announcement of the expropriation decision should state the expropriation compensation plan, which is directly related to the compensation and resettlement policies and standards that the expropriated people have to face. If the expropriated people are not satisfied with this, they should promptly apply for administrative reconsideration of the expropriation decision or file an administrative lawsuit.

This is a right granted to everyone by national law. If used properly, it is not difficult to increase compensation.
2. House price assessment Assessment is an important step in determining how much compensation each person can receive. According to legal provisions, assessment agencies should conduct on-site assessments of expropriated houses based on market prices and make reasonable assessment reports.

However, in actual practice, in many cases, the value of the house highlighted in the appraisal report is far from our expectations. So, if you think there is a problem with the appraisal report and disagree with the appraisal results, the law here also gives you the right to relief. The expropriated person can apply for an expert committee to review the appraisal and claim a satisfactory compensation result reasonably and legally.

Obviously, the evaluation at this stage is also an important node for rights protection. In fact, in practice, when there are many such demolition cases for evaluation, the evaluation agency is not selected by the expropriated party through negotiation, but decided by the expropriated party. How can the appraisal report formed through such a process be reasonable? Some appraisal agencies only rely on some paper documents to make appraisal reports without going to the house for on-site appraisal, which can easily lead to the value of the house being maliciously underestimated.

However, there is a problem of illegal procedures. Obviously, such an evaluation report cannot be used as a basis for compensation. The demolishers ignore the interests of the demolished people, but everyone must safeguard their rights according to the law.
3. Sign a compensation agreement. After the assessment, the expropriated party will negotiate with the expropriated party on resettlement and compensation matters. If both parties reach an agreement, a compensation agreement will be signed.

First, negotiation must improve demolition compensation. Negotiation is undoubtedly an important and effective means. Therefore, we must not blindly avoid or turn a blind eye to the negotiation requirements put forward by the expropriated party. You must be fully prepared to protect your own house, and at the same time, you must understand the relevant laws and regulations, and have a relatively comprehensive grasp of the expropriation information.

Being able to grasp the other party's illegal points can serve as a big bargaining chip to promote negotiations for increased compensation. Second, when signing a compensation agreement, you must remember that if you are still unable to reach an agreement, are still dissatisfied with the compensation conditions, and believe that the compensation standard is too low to guarantee normal life after demolition, then you must refuse to sign the compensation agreement. If you refuse to sign, you can continue to defend your rights in the future.

If a consensus has been reached, attention should be paid to a detailed review of the compensation agreement. Some expropriated people may worry that after signing the contract, the demolition party will not perform as agreed. It depends on whether the expropriated person has carefully reviewed all the clauses involved when signing the contract, and whether it has avoided traps such as blank agreements, vague agreement contents, and "missing items" in compensation content.

4. Make a compensation decision. According to the law, if a compensation agreement is not reached within the time limit, the city or county government should make a compensation decision in a timely manner. If the expropriation and compensation decision is received, the expropriated person needs to know that it has entered a relatively dangerous stage at this time, because the expropriation and compensation decision directly points to judicial demolition. According to Article 28 of State Council Order No. 590, if the expropriated person does not apply for review or file a lawsuit within the legal period, and does not relocate within the time limit specified in the compensation decision, the expropriated person will have the right to apply to the People's Court for enforcement according to law.

However, the compensation decision will not necessarily lead to judicial demolition, because the law gives the expropriated people an important right of relief, namely administrative reconsideration or administrative litigation. This also reminds the majority of the expropriated people that if they are not satisfied with the compensation, they must promptly review the compensation decision or litigate for relief. If they do nothing, it is deemed that everyone has agreed to the compensation plan given by the expropriated party and has given up the right to continue to fight for an increase in the amount of compensation.

Once you miss this important rights protection opportunity, you will become very passive.
5. Apply to the court for compulsory execution. As mentioned above, after the relief period of the statutory expropriation compensation decision, the expropriating party has the right to apply to the court for compulsory execution. However, in practice, many taxpayers do not or cannot apply to the court for compulsory execution. This may be due to factors such as saving demolition costs and time, or it may be that there is indeed an illegal act in front of the expropriating party, and the court does not allow compulsory execution.

At this time, some expropriating parties will directly use administrative compulsory means to demolish without a court ruling. In this case, the expropriated person will certainly have the opportunity to safeguard their rights. You need to file a lawsuit in time to confirm that the forced demolition is illegal, and then seek negotiation and dialogue to resolve the compensation issue, or further apply for administrative compensation after confirming that the forced demolition is illegal.

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 our Beijing professional demolition lawyer team for one-to-one online consultation.