land expropriation

When faced with land acquisition and demolition, many expropriated people and demolished people do not know what kind of compensation is fair and reasonable. In fact, the state has long promulgated relevant laws and stipulated compensation standards for land acquisition. These laws effectively protect the legitimate rights and interests of expropriated people and demolished people. If the expropriated people do not comply with these compensation standards, the expropriated people and demolished people can refuse! .

1. Compensation should be fair and reasonable. Article 48 of 103010 stipulates: “Fair and reasonable compensation shall be given for land expropriation to ensure that the original living standards of the expropriated farmers are not reduced and that the long-term livelihood is guaranteed.” In other words, if the living standards of the expropriated farmers are even lower than before the expropriation, then the expropriation compensation must be unfair and unreasonable, and the expropriated farmers can refuse the expropriation.

2. Compensation for expropriated houses shall not be lower than the market price of similar real estate around it. According to Article 19 of the Land Management Law of the People's Republic of China: "Compensation for the value of expropriated houses shall not be lower than the market price of similar real estate of the expropriated house on the date of announcement of the house expropriation decision." Therefore, if the average compensation price of the expropriated house is lower than the price of similar real estate in its surroundings, it is definitely unreasonable and illegal.

If this happens, the expropriated person should safeguard his rights in a timely manner. If he has any objection to the value of the expropriated house determined by the assessment, he can apply for a review of the assessment to the real estate price assessment agency. If he has any objection to the review result, he can apply to the Real Estate Price Appraisal Expert Committee for appraisal. 3. When choosing a house or currency, the expropriated person can freely choose the compensation method.

According to Article 21 of the Regulations on Expropriation and Compensation of Houses on State-Owned Land: "The expropriated person can choose monetary compensation or house property rights exchange." In practice, if the value of the expropriated person's house is relatively large, the expropriated person can also choose to receive both demolition money and resettlement housing. If the expropriated party ignores the opinions of the expropriated person during the expropriation process and forcibly arranges for the expropriated person to take money or a house, this is illegal. The expropriated person can rely on the law to protect his legitimate rights and interests.

4. Compensation must be carried out before relocation. According to Article 27 of the Regulations on Expropriation and Compensation of Houses on State-Owned Land, "Compensation must be carried out before relocation is carried out." Therefore, it is illegal to discuss demolition first and then compensation. The purpose is often to demolish the houses of the expropriated people, speed up the expropriation process, achieve the purpose of rapid demolition, or put the expropriated people in an unfavorable negotiating position. The expropriated party will take the initiative and exert pressure to reduce the compensation, and only give the expropriated people less compensation.

The expropriated party must adhere to the principle of compensation first and then relocate, and not be misled by the expropriated party. In the face of land acquisition and demolition, the expropriated person has to rely on legal rights protection. The state promulgates laws to protect the legitimate rights and interests of the expropriated person and regulate the expropriation behavior of the expropriated person. The expropriated party must carry out expropriation and demolition in accordance with the law, otherwise it is illegal. If the expropriated person encounters unfair and unreasonable demolition compensation, he must promptly consult a professional land acquisition and demolition lawyer. Under the guidance of the lawyer, he can reasonably safeguard his legal rights and obtain satisfactory demolition compensation.

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.