State compensation

Introduction to the article: Some people will ask us whether they can file for compensation after being demolished? How to fight? Regarding this issue, let’s talk about “How to file a compensation lawsuit after being forcibly demolished?”

1. The nature of forced demolition is “two administrative and legal relationships between the same subject”

1. When your building is included in the scope of expropriation and demolition, your identity is the administrative counterpart, that is, the person being demolished.

When your building is included in the scope of expropriation and demolition and is in the process of expropriation and demolition, you are carrying out consultation, negotiation and evaluation procedures and performing administrative legal relations as an administrative counterpart.

2. If your building and attachments are demolished and an administrative legal relationship arises about forced demolition, you will become the infringed party again.

While this legal relationship continues, the government or administrative department forcibly demolishes your house. Then at this time, the administrative and legal relationship of forced demolition occurred again. In other words, two administrative legal relationships arise between the original administrative agency and the administrative counterpart. As the rights holder, you have the right to choose different ways to protect your rights.

2. After being forcibly demolished, what emergency measures will the demolished people take?

1. File a lawsuit to confirm illegal demolition

At this time, many business owners or residential users who were demolished promptly filed a lawsuit, which was a lawsuit to confirm that the forced demolition was illegal. If the other party failed to fulfill legal procedures and conduct fact-finding, it would carry out unscrupulous demolitions. So in this case, there should be no problem with the forced demolition being illegal. When it is confirmed that forced demolition is illegal, the demolished people will consider what measures to take to deal with this illegal forced demolition situation.

2. Continue to perform according to the expropriation and demolition procedures without requiring state compensation.

Some demolished persons continued the administrative legal procedures for expropriation and demolition without requesting administrative compensation. The circumstances of each case are different, and this situation does exist.

3. File a lawsuit for state compensation

After it was confirmed that forced demolition was illegal, many demolished people filed for state compensation and requested compensation from administrative agencies. So in the following content, we will talk about the judicial perspective adopted by the court when the demolished people request administrative compensation. For cases of the same type, the corresponding judicial opinions have certain reference value.

3. Judicial viewpoints that can be referred to when filing for state compensation after being forcibly demolished.

1. The compensation standard refers to the compensation standard for expropriation and demolition.

If there is no question about the legality of your subject, the judicial authority often takes the view that compensation should refer to the current compensation standards for expropriation and demolition. Why? The Yingting Demolition Team believes that, first of all, it is convenient to have a reference. Because expropriation and demolition are taking place at this time. He also took coercive actions and caused you losses and damages. Then the losses and damages caused by you can be solved according to the compensation standards for expropriation and demolition. It is equivalent to the other party actually expropriating your land. For other losses, compensation will be assessed based on the amount of your actual losses. For example, the loss of goods, loss of production and business suspension, etc. may be included in an assessment process and re-compensated. This contains a judicial point of view, that is, when making administrative compensation, if expropriation and demolition are taking place in this place, the compensation standard for expropriation and demolition is often referred to.

2. The demolished people choose monetary compensation or housing resettlement

But there is another problem in practice, that is, when it comes to expropriation and demolition, local villagers or residents have two choices. One is currency and the other is placement. So, how to install it? We found that some courts in Nanjing have also made the latest judicial opinions, that is, the monetization of housing resettlement can be carried out with reference to the standards for expropriation and demolition. What is the monetization of housing resettlement? That is to say, what he is giving you now is 45 square meters per person. After converting it into currency, your overall compensation value minus this will be the remaining monetary compensation you deserve. In terms of housing resettlement, if the other party can resettle you, try to resettle it. If it cannot, then all the money will be converted into currency. For example, each person can get 45 square meters, and I only need to spend 5,000 yuan to buy it. If the house price of my place is 50,000 yuan, then 45,000 yuan multiplied by 45 square meters, converted into monetary value, is the remaining monetary compensation. This money should also be given to me (the person who was forcibly demolished). This is the most popular judicial view we recently discovered.

4. How to file a compensation lawsuit if the subject is illegal?

1. The legality of the subject is the prerequisite for obtaining compensation.

The prerequisite for obtaining compensation is that the demolished person must hold two certain states. Which two? The first is to determine that the government is violating the law and that forced demolition is an illegal act. The second is that there is no doubt about the legality of the subject, so that the judicial decision can be made in accordance with this point of view. If there are deficiencies in your subject, the other party is only procedurally illegal when carrying out forced demolition, and cannot refer to this expropriation compensation standard for compensation.

2. If the subject is illegal, how can I obtain compensation?

If it is an illegal building, the forced demolition carried out by the other party is only a procedural error. So how can you ask for administrative compensation at this time? What compensation can I give you? The Yingting Demolition Team learned that this situation occurs in practice. Take illegal buildings as an example. If an illegal building is demolished and is found to be wrong by the court, then the administrative compensation procedure cannot be easily initiated at this time. Why? The premise of administrative compensation is that your house is legal and you are in a legally held state. Only in this way can you be included in the scope of administrative compensation. However, if your legal status cannot be determined, then administrative compensation is out of the question and it is impossible to make administrative compensation to you. So, what compensation can be given to you? Because of his procedural errors in law enforcement, he caused losses other than your illegal building. It can compensate you for the loss of residual value of some building materials, loss of interior decoration, loss of indoor items, etc. Such losses can be included in the scope of compensation. However, the restricted state of the house itself cannot be included in the scope of administrative compensation.

Yingting reminds you:

According to the relevant laws and regulations of our country, the expropriated and demolished persons can file an administrative review within 60 days of receiving the expropriation decision, expropriation compensation decision and other specific administrative actions, and file an administrative lawsuit within 6 months. If your house is forcibly demolished, you must file a lawsuit to defend your rights within 6 months of knowing the date of demolition. Some relocated households will petition, but petitioning is not a legal channel, and no matter how long the petition lasts, it does not constitute a reason to interrupt the time limit for prosecution. Many people who were demolished were delayed in filing petitions and missed the statute of limitations. Even if they sued, the court would not accept it. Even if you find a lawyer, there is nothing you can do to help you! In practice, no matter how you report the situation to your superiors, report it to local staff, or visit everywhere, you can't actually solve the problem. What you only waste is your precious time to protect your rights and interests! If you cannot reach an agreement with the expropriation and demolition party, please contact a professional expropriation and demolition lawyer as soon as possible to find a solution.