Enterprise demolition

With the development of the national economy, a large number of houses and land have been expropriated in various places. However, compensation for land acquisition and demolition is not easy to negotiate. Both parties have their own "calculations", which leads to forced demolition from time to time in practice. Forced demolition is a type of demolition that the government needs to carry out against the wishes of the people being demolished, but has legitimate reasons.

Today we will find out what are the conditions for forced demolition?
Forced demolition must meet the following four legal conditions:
1. Failure to apply for administrative reconsideration or initiate administrative litigation within the statutory time limit
If the expropriated person applies for administrative reconsideration or files an administrative lawsuit within the statutory time limit, the legal consequences are:
1. The city or county people’s government that makes the decision to expropriate houses cannot apply to the court for forced demolition;
2. The People’s Court cannot enforce enforcement.

Specialized areas of forced demolition lawyers: legal services for 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.

In practice, some city and county people's governments do not abide by the law and apply to the court for compulsory execution in violation of the law. However, the court cannot enter the compulsory execution procedure to carry out compulsory demolition in accordance with the law.
2. Forced relocation is based on compensation decisions
If there is no compensation decision, no unit can carry out forced demolition. In practice, there are two main situations in which forced demolition can be carried out:
1. Signed a compensation agreement and will not relocate;
2. It made a compensation decision and neither relocated nor applied for administrative reconsideration or filed a lawsuit in accordance with regulations.

3. The expropriated persons must be given monetary compensation, property rights exchange houses and turnover houses.
If there is no monetary compensation amount, special account number, location and area of property rights exchange houses and turnover houses, etc., forced demolition cannot be carried out.
4. If the compensation decision falls under any of the following circumstances, the people's court shall rule not to enforce it:

1. Obvious lack of factual basis;
2. There is an obvious lack of legal and regulatory basis;
3. It is obviously inconsistent with the principle of fair compensation, seriously damages the lawful rights and interests of the person subject to execution, or makes the basic living, production and operation conditions of the person subject to execution unable to be guaranteed;
4. Obviously violates the administrative purpose and seriously damages public interests;
5. Serious violation of legal procedures or due process;
6. Exceeding authority;
7. Other situations stipulated in laws, regulations and rules that are not suitable for enforcement.

Forced demolition must also be carried out in accordance with legal procedures. In the event of unreasonable forced demolition, the demolished persons have the right to safeguard their legitimate interests. After the demolition, he can seek compensation from the state. If he has any relevant questions, he should promptly consult a professional forced demolition lawyer for professional help.

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