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In the face of forced demolition, you must pay attention to three issues about demolition compensation
Home page >> Business areas >> State compensation
Article author：Yingting Lawyers Group | Update time：2022-11-10 | Reading times：607
Recently, many relocated households have fallen into a logical misunderstanding on the road to safeguarding their rights.Forced demolition, Who should I appeal to, and can I still defend my rights? Households who have been demolished with this kind of doubt are all because they do not understand the relevant laws and regulations, which may lead to losing the best opportunity to defend their rights. After all, they can get the demolition rightscompensationIt must not be high.
faceForced demolition, you need to pay attention to the demolitioncompensationthree questions
Below, the Yingting demolition lawyer will analyze the situation for us.Forced demolitionThree major behaviors you need to pay attention to when safeguarding your rights:
1. Pay attention to legal land acquisition
faceForced demolition, many relocated households are often at a loss, so we need to verify whether the land acquisition itself is legal. Legal land acquisition must be an administrative act led by city and county-level governments and passed legal review based on the purpose of public interest. Therefore, we can analyze this issue from the following three aspects.
First, pay attention to the main body organizing land acquisition. The people's governments at the city and county levels should be the ones with the power to organize and implement land acquisition, not entities with the purpose of profit. In practice, there have also been cases of entities with the purpose of profit.Forced demolitionbehavior, which is illegal.
Secondly, land acquisition must be based on the purpose of public interest. For example, public medical care, education, public welfare production, etc., pure commercial development activities do not belong to public interests, and the demolished households must guard against the behavior of "selling sheep's meat to dogs'."
After all, it is crucial to pass the reading process. The administrative agency with review authority is the State Council or the provincial government. If the land acquisition is illegal or even without review, we can conduct reconsideration or litigation. This is very important when facingForced demolitionIt is a very useful method to safeguard rights during demolition. Suppose that until the house isForced demolitionappeal laterForced demolitionIllegal and filed with the statecompensationprogram, availablecompensationThe amount is mainly for illegalForced demolitionThe losses caused to oneself cannot prevent development and construction. Fundamentally speaking, it is difficult to affect the overall situation of land acquisition; but if we can prove that the land acquisition is uninformed or illegal, it is likely to cause the suspension of land acquisition and development, and then the expropriating party is very likely to actively seek negotiation opportunities and advance demolition.compensation, to achieve an ideal demolition rights protection effect.
faceForced demolition, you need to pay attention to the demolitioncompensationthree questions
2. Pay attention to legalityForced demolitionbehavior
faceForced demolition, we should also pay attention toForced demolitionbehavior itself. Since the legally built administrativeForced demolitionAfter being abolished, many relocated households believe that there are no moreForced demolitionBehavior, this concept is wrong. a legalForced demolitionBehavior must go through many legal procedures. First of all, there must be a legal decision and arrangement for collectioncompensationplan; secondly, the expropriating party and the expropriated party have not reached the settlement of demolition and resettlement.compensationAgreement, the expropriated party did not file an administrative review or administrative lawsuit within the statutory time limit; after all, the expropriating party made expropriation and demolition measures against the expropriated party.compensationOnly after the decision is made or ordered to hand over the land can the court apply for a decisionForced demolitionVerdict. Among these many links, in addition to the courtForced demolitionExcept for the judgment that we cannot review and litigate, other aspects can be reviewed or litigated. Here, Yingting demolition lawyer specially reminds us: the rights given to us by the law must be exercised in a timely manner!
In reality, Yingting demolition lawyers often come into contact with many situationsForced demolitionThe party concerned, after receiving the expropriation and demolitioncompensationAfter making a decision, take a lookcompensationIt is very unreasonable. Either you forget about it and the statute of limitations has expired, making it impossible to defend your rights; or you tear up the decision in anger, thinking that your house will not be demolished, and wait until the demolition to file a lawsuit with the court.Forced demolition, his own house was alsoForced demolitionLater, I decided to find a lawyer to protect my rights, but it was too late and there was nothing I could do.
faceForced demolition, you need to pay attention to the demolitioncompensationthree questions
3. Be wary of breaking the lawForced demolitionbehavior
Many relocated households reported that they were facingForced demolitionAt that time, the house was demolished without seeing any procedures from the demolition party.Forced demolitionIs it illegal? Yingting demolition lawyer told us: Whether the demolition party has any procedures cannot be judged by seeing it. We need to inquire through the regulations and request information disclosure in order to clarify this issue. To put it bluntly, just because you didn’t see it doesn’t mean that the demolition party really didn’t have legal procedures.
Then, we face illegalForced demolitionHow should we respond? First of all, we should call the police in time and record the phone calls. If possible, we should report the police situation and the house being damaged.Forced demolitionRecording and video recording process. If the public security organs do not dispatch the police or do nothing after dispatching the police, we can complain about the police inaction in the future. After all, it is confirmedForced demolitionsubjects to safeguard their legitimate rights and interests. Secondly, in the face of illegalForced demolition, we can also request the relevant departments to investigate and deal with illegal demolition and illegal construction. If the relevant departments do not perform their duties of investigation and punishment, we can also appeal to these relevant departments to protect our legitimate rights and interests.
After all, Yingting demolition lawyer advises us that when faced with demolition, we should defend our rights as early as possible. Even if the house isForced demolitionYou can travel to another country latercompensationHowever, if you follow the procedures to protect your rights, you will lose the bargaining chips that are beneficial to you, and it will be more difficult to collect evidence in the later stage. Such a forced road to rights protection is full of difficulties, and even if you persist to the end, you may not be able to achieve satisfactory results. faceForced demolition, Yingting lawyer hopes that we will take up legal weapons in time and finally obtain satisfactory results through legal and effective rights protection channels.compensation, get over the demolition difficulties as soon as possible!
faceForced demolition, you need to pay attention to the demolitioncompensationthree questions
Below, the Yingting demolition lawyer will analyze the situation for us.Forced demolitionThree major behaviors you need to pay attention to when safeguarding your rights:
1. Pay attention to legal land acquisition
faceForced demolition, many relocated households are often at a loss, so we need to verify whether the land acquisition itself is legal. Legal land acquisition must be an administrative act led by city and county-level governments and passed legal review based on the purpose of public interest. Therefore, we can analyze this issue from the following three aspects.
First, pay attention to the main body organizing land acquisition. The people's governments at the city and county levels should be the ones with the power to organize and implement land acquisition, not entities with the purpose of profit. In practice, there have also been cases of entities with the purpose of profit.Forced demolitionbehavior, which is illegal.
Secondly, land acquisition must be based on the purpose of public interest. For example, public medical care, education, public welfare production, etc., pure commercial development activities do not belong to public interests, and the demolished households must guard against the behavior of "selling sheep's meat to dogs'."
After all, it is crucial to pass the reading process. The administrative agency with review authority is the State Council or the provincial government. If the land acquisition is illegal or even without review, we can conduct reconsideration or litigation. This is very important when facingForced demolitionIt is a very useful method to safeguard rights during demolition. Suppose that until the house isForced demolitionappeal laterForced demolitionIllegal and filed with the statecompensationprogram, availablecompensationThe amount is mainly for illegalForced demolitionThe losses caused to oneself cannot prevent development and construction. Fundamentally speaking, it is difficult to affect the overall situation of land acquisition; but if we can prove that the land acquisition is uninformed or illegal, it is likely to cause the suspension of land acquisition and development, and then the expropriating party is very likely to actively seek negotiation opportunities and advance demolition.compensation, to achieve an ideal demolition rights protection effect.
faceForced demolition, you need to pay attention to the demolitioncompensationthree questions
2. Pay attention to legalityForced demolitionbehavior
faceForced demolition, we should also pay attention toForced demolitionbehavior itself. Since the legally built administrativeForced demolitionAfter being abolished, many relocated households believe that there are no moreForced demolitionBehavior, this concept is wrong. a legalForced demolitionBehavior must go through many legal procedures. First of all, there must be a legal decision and arrangement for collectioncompensationplan; secondly, the expropriating party and the expropriated party have not reached the settlement of demolition and resettlement.compensationAgreement, the expropriated party did not file an administrative review or administrative lawsuit within the statutory time limit; after all, the expropriating party made expropriation and demolition measures against the expropriated party.compensationOnly after the decision is made or ordered to hand over the land can the court apply for a decisionForced demolitionVerdict. Among these many links, in addition to the courtForced demolitionExcept for the judgment that we cannot review and litigate, other aspects can be reviewed or litigated. Here, Yingting demolition lawyer specially reminds us: the rights given to us by the law must be exercised in a timely manner!
In reality, Yingting demolition lawyers often come into contact with many situationsForced demolitionThe party concerned, after receiving the expropriation and demolitioncompensationAfter making a decision, take a lookcompensationIt is very unreasonable. Either you forget about it and the statute of limitations has expired, making it impossible to defend your rights; or you tear up the decision in anger, thinking that your house will not be demolished, and wait until the demolition to file a lawsuit with the court.Forced demolition, his own house was alsoForced demolitionLater, I decided to find a lawyer to protect my rights, but it was too late and there was nothing I could do.
faceForced demolition, you need to pay attention to the demolitioncompensationthree questions
3. Be wary of breaking the lawForced demolitionbehavior
Many relocated households reported that they were facingForced demolitionAt that time, the house was demolished without seeing any procedures from the demolition party.Forced demolitionIs it illegal? Yingting demolition lawyer told us: Whether the demolition party has any procedures cannot be judged by seeing it. We need to inquire through the regulations and request information disclosure in order to clarify this issue. To put it bluntly, just because you didn’t see it doesn’t mean that the demolition party really didn’t have legal procedures.
Then, we face illegalForced demolitionHow should we respond? First of all, we should call the police in time and record the phone calls. If possible, we should report the police situation and the house being damaged.Forced demolitionRecording and video recording process. If the public security organs do not dispatch the police or do nothing after dispatching the police, we can complain about the police inaction in the future. After all, it is confirmedForced demolitionsubjects to safeguard their legitimate rights and interests. Secondly, in the face of illegalForced demolition, we can also request the relevant departments to investigate and deal with illegal demolition and illegal construction. If the relevant departments do not perform their duties of investigation and punishment, we can also appeal to these relevant departments to protect our legitimate rights and interests.
After all, Yingting demolition lawyer advises us that when faced with demolition, we should defend our rights as early as possible. Even if the house isForced demolitionYou can travel to another country latercompensationHowever, if you follow the procedures to protect your rights, you will lose the bargaining chips that are beneficial to you, and it will be more difficult to collect evidence in the later stage. Such a forced road to rights protection is full of difficulties, and even if you persist to the end, you may not be able to achieve satisfactory results. faceForced demolition, Yingting lawyer hopes that we will take up legal weapons in time and finally obtain satisfactory results through legal and effective rights protection channels.compensation, get over the demolition difficulties as soon as possible!
Previous article：Let’s take a look at what factors affect the compensation for the demolition of your house?
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