Factory demolition

With the rapid expansion of cities, many rural areas far away from urban areas have been classified as land acquisition and demolition areas. Some landless farmers are unwilling to sign because they are not satisfied with the compensation and resettlement. Some demolition parties directly carry out forced demolition in order to complete the task quickly. So under what circumstances are forced demolitions allowed? What are the prerequisites for legal forced demolition?

First,Compulsory demolition is based on compensation decisions:
Without a compensation decision, no unit can resort to compulsory demolition. There are two main situations in which compulsory demolition can occur: (1) A compensation agreement is signed and the unit is not relocated; (2) A compensation decision has been made, but the compensation is not accepted and the unit does not relocate in accordance with the regulations and does not apply for administrative review or file a lawsuit.

Second,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 consequence is that the city or county people's government that made the house expropriation decision cannot apply to the court for forced demolition. Ying Ting believes that secondly, the people's court cannot enforce it.

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 for forced demolition in accordance with the law.
Third, the expropriated must be given monetary compensation, property rights exchange housing and turnover housing:
The principle of "compensation first and relocation later" should be followed. If the amount of monetary compensation, special account number, location and area of property rights exchange houses and turnover houses are not provided, forced demolition cannot be carried out.

Fourth, if any of the following circumstances occurs, the court shall rule against forced demolition:
(1) Obvious lack of factual basis
(2) Obvious lack of legal and regulatory basis
(3) Exceeding authority
(4) It is obviously inconsistent with the principle of fair compensation, seriously damages the legitimate rights and interests of the person subject to execution, and makes it impossible to guarantee the basic life, production and operation of the person subject to execution.

(5) Violating administrative purposes and seriously damaging public interests
(6) Violation of legal procedures or due process
(7) Other situations stipulated in laws, regulations and rules that are not suitable for enforcement. If the expropriated person does not agree, the house cannot be forcibly demolished, and the housing expropriation department has no right to demolish it. Even if the people's court decides to demolish, certain conditions must be met.

In the event of forced demolition, the expropriated person must keep the evidence, take up legal weapons as soon as possible to protect his legitimate rights and interests, and promptly consult a professional demolition rights lawyer. The sooner the expropriated person intervenes, the better it will be for the expropriated person.

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 a lawyer on this site for one-on-one online consultation.