land expropriation

From a practical point of view, many demolished people often receive various pressures from the demolition parties and sign unreasonable resettlement compensation agreements.
Demolition parties are good at using some inappropriate or even illegal methods. People being demolished need to know that the following seven methods of coaxing or coercion by the demolition parties will lead to unfair compensation results.

Therefore, it is extremely necessary to be vigilant and even fight back to protect rights.
Means 1: Sign a letter of commitment agreeing to be compensated according to the standards of the xx plan
In practice, we found that at the beginning of the demolition, the people being demolished had not seen the compensation and resettlement plan, but they saw people from the village committee holding a piece of paper and asking for opinions on most of the names.

And the content is the option of agreeing or disagreeing with land acquisition and demolition. After agreeing, add a sentence: "I am willing to calculate compensation according to the standards of the xx plan." Even if the plan is not disclosed to the demolished people, they are required to agree to compensate according to such an unknown plan. This is obviously tricky, and its purpose is to lower the compensation.

Method 2: Keep negotiating with you, but the talks remain unresolved for a long time, delaying the opportunity to defend your rights.
Before signing the agreement, if the demolisher is willing to spend time negotiating with you about compensation, it can actually be said to be a good thing. It shows that the demolisher is sincere in improving compensation. If the person being demolished has good negotiation skills at this time, it is very likely to get compensation that he is satisfied with.

But if the house has been forcibly demolished, the demolition party is still willing to negotiate with you for a long time, but there has been no substantial progress, and its intention is questionable. In fact, the demolition workers who negotiate with you may not have the right to increase compensation at all, and may not even be the legal subject of expropriation and demolition.
Why do they have to persuade you so earnestly? You may wish to consider the possibility that they are actually delaying the time to defend their rights, because the time for the demolished people to file lawsuits against illegal activities during the demolition process is very limited.

Method 3: Try to spread the pie and claim to give more compensation or rewards
Some demolition parties like to use "verbal promises" when mobilizing the demolished people, such as claiming, "Considering that your family's situation is indeed special, we can make an exception and give you some compensation and rewards, but you have to keep it secret, which will make it difficult for us to do it!" Another example is to directly "paint a big pie" for the demolished people and negotiate resettlement housing and compensation, but it is not implemented in the agreement to be signed.

Beijing Yingting Law Firm handles many complex dispute cases in the field of administrative litigation 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.

The "pie" is big and round, but you can't eat it at all. Its purpose is just to make you sign an agreement. The demolished people must not believe all the so-called verbal promises of more compensation and higher compensation.
Method 4: On the surface, they ask you to report the situation to the authorities, but in fact they induce you to petition and miss the deadline for rights protection.
Not only will the demolished people feel aggrieved, but sometimes some demolished people will also show helplessness, saying that they are just small people, just doing things under orders, and they can't make the decision themselves, and it's not easy for them.

Why not report it above? "Going to the higher authorities to report" seems to point out a clear way for the demolished households, but in fact it may also hide the idea that the demolished households have embarked on the road of petitioning, but the demolished households are stuck on the road of petitioning, which is time-consuming, laborious and expensive, and they are administratively detained without paying attention, or they miss the deadline for legal rights protection and can only compromise and sign for money.

Method 5: Mobilize your relatives and friends and use the pressure of "public opinion" to force you
In the practice of demolition, in some cases, relatives and friends will also become the helpers who are forced to sign by the demolished people. Some relatives and friends who work in enterprises and institutions may be under pressure from leaders or superiors, and are afraid of losing their jobs or being subject to other restrictions. Out of helplessness, they will come to persuade you.

Many relatives and friends around you will begin to collectively "educate" you, which will obviously create family ties and pressure from public opinion on the evicted people.
Method 6: Cut off sources of life and production to force signatures
Cutting off water, electricity, internet, gas and circuits is a common method used by the demolition parties to force the demolished people to sign, and it is also an effective method in practice.

This method is simple and crude, but it will cause huge obstacles to the lives, production, and operations of the demolished people. Faced with this method, many demolished people, especially those enterprises that need to maintain production and operation, often give up and exaggerate the illegality of the matter. This method usually occurs when individuals demolish houses or companies build houses without approval procedures.

Most of the houses built by individuals or companies in old cities or "investment attraction" areas lack approval procedures, which gives the demolition party a reason to describe the demolished person's building as illegal. If you don't sign a new agreement, your house will be demolished as illegal, but there is no compensation for the demolition. Many people cannot bear such psychological pressure. The possible illegal construction is a blow to their enthusiasm for safeguarding their rights, so they sign unequal agreements reluctantly.

It should be noted that it does not mean that the demolition party verbally says that illegal construction is illegal. Houses without formalities and certificates do not mean that illegal construction is illegal. The determination of the illegality of illegal construction needs to be measured through the application of the law, the identification of objective facts, historical origins, the government’s trust interests, certain illegal acts of the government and other comprehensive factors, rather than adopting a one-size-fits-all approach.

Land acquisition has huge economic benefits, but it also comes with many pitfalls. The demolition households must keep their eyes open, identify the various methods used by the demolition households, and take every step to protect their rights seriously!

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.