Factory demolition

During the process of house expropriation and demolition, if the two parties fail to reach an agreement, or the expropriated party files an administrative lawsuit or administrative reconsideration within a limited time, it is convenient to apply for forced demolition. So, today we will learn how to compensate for the losses caused by house demolition.
1. Under what circumstances can I apply for state compensation?
1. The damage must be committed by state agencies and their staff;

2. The act causing damage must be an illegal act by a state agency and its staff;
3. There must be objective facts that citizens’ legitimate rights and interests have been harmed;
4. There is a causal relationship between the illegal acts of state agencies and their staff and the damage results;
5. It must be clearly stipulated in law (that is, not all countries that damage it are responsible for compensation)

6. The statute of limitations for a claimant to request state compensation is two years, starting from the day when the citizen knew or should have known that the state and its staff had infringed upon their property rights by exercising their powers.
2. What compensation can I get after forced demolition?
1. Loss of house value Article 15 of 03010 and Article 9 of the Regulations on Expropriation and Compensation of Houses on State-Owned Land both stipulate that the house expropriation department should conduct an investigation of the expropriated house before assessment, which also confirms that compensation should be based on the actual area of the house.

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2. Loss of items and machinery and equipment inside and outside the building caused by forced demolition. Paragraph 3 of Article 38 of 03010 stipulates: In administrative compensation and compensation cases, the plaintiff shall provide evidence for the damage caused by administrative actions. If the plaintiff cannot provide evidence due to the defendant's reasons, the defendant shall bear the burden of proof. If the person subject to expropriation fails to inspect and register the items in the house, he shall bear the adverse consequences of failure to provide evidence.

3. Loss of ground attachments and ground plants caused by forced demolition
4. The decoration compensation involved in the loss of house decoration should be calculated and evaluated by the evaluation agency to obtain the evaluation results.
5. Compensation for relocation, temporary resettlement and other losses 103010 Article 17 stipulates that compensation for expropriated houses, in addition to the value of the house, also includes relocation, temporary resettlement, subsidies and rewards for the expropriated people, etc.

The above expenses are direct losses caused by forced demolition, and the demolished can request compensation from the demolished party for the above expenses. According to the relevant laws and regulations of my country, the expropriated and demolished can file an administrative review within 60 days after receiving the expropriation decision, expropriation compensation decision and other specific administrative actions, and file an administrative lawsuit within 6 months.

If your house is demolished, you should file a lawsuit to defend your rights within 6 months of knowing the demolition date. Because the forced demolition has caused you economic losses, you can apply for state compensation (administrative compensation). If you encounter unreasonable demolition, it is recommended to take up legal weapons in time to protect your legitimate rights and interests.

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