land expropriation

In today's society with rapid development, whether it is land acquisition and demolition or ordinary normal use, the so-called "relevant departments" are often inexplicably said to be illegal construction, and almost all are the result of demolition. As ordinary people, most of us insist that we have no right to resist. Do all illegal buildings really have to be demolished? This is not the case.
1. Illegal construction is also classified. According to the provisions of different laws, illegal construction can be divided into two categories: illegal land use and violation of urban and rural planning. The laws, departments and procedures responsible for investigating and handling these two types of illegal construction are different. Illegal construction such as "Morning Dew Villa" among illegal villas in Qinling is a type of illegal land use that violates the "Land Management Law".
If it should be investigated and dealt with by the local natural resources department, you can apply to the people's court for enforcement and demolish illegal buildings in accordance with the law. Most of our expropriated people encounter illegal construction that violates urban and rural planning. This kind of illegal construction is regulated by the "Urban and Rural Planning Law". Illegal construction in urban planning areas or rural and village planning areas shall be investigated and dealt with by urban and rural planning departments and township governments respectively.
Beijing Lawyers Network handles many complex dispute cases and has a profound theoretical foundation and practical experience. Use solid legal knowledge and theoretical literacy to study a series of legal issues in administrative litigation, and have accumulated rich experience in handling cases in many aspects such as house demolition disputes, agricultural land expropriation and conversion disputes, illegal construction disputes, administrative agreements, administrative promises, land rights confirmation, land contract contracts, civil contracts, etc. We always practice the concepts of rigorous, realistic, civilized and just rule of law and strive to safeguard the legitimate rights and interests of our clients.
2. Illegal buildings do not have to be demolished. Regarding illegal construction that violates urban and rural planning, Articles 64 and 65 of the Urban and Rural Planning Law both stipulate that for illegal construction that is generally illegal, corrective measures can be taken to eliminate the impact on the planning, and no further forced demolition measures are needed. If it is a serious illegal construction and corrective measures cannot be taken to eliminate the impact, or the parties concerned do not stop the construction or make corrections, they will be forcibly demolished.
In addition, we all know that the law is not retroactive. There are still a large number of houses built before the implementation of the "Urban and Rural Planning Law" and "Urban Planning Law." For such houses, administrative agencies should not identify and deal with them in accordance with current legal provisions. It is the owner or user of the house that directly harms the interests of demolishing illegal buildings.
Today, as various laws are constantly improving, the identification and handling of illegal buildings must be carried out in strict accordance with legal procedures. If you encounter, no matter why there is no certificate, or the legal procedures are not followed during the identification and handling process, all forced demolitions are illegal. People who carry out forced demolitions in the name of illegal demolition, or people who demolish indiscriminately, are recommended to consult a demolition lawyer in time and protect their rights and interests through their professional legal knowledge.
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.