administrative agreement

Recently, a person who was demolished came to consult a lawyer. I saw that many people whose houses were demolished have obtained reasonable compensation with the help of lawyers. I also want to find a lawyer to protect my rights, but I don’t know if it will be too late, because my house has been demolished for four years. I don’t know if I can still sue. Let’s see what Beijing Yingting lawyer said:
According to Article 46 of the Administrative Litigation Law, if a citizen, legal person or other organization directly files a lawsuit with the People's Court, it shall do so within six months from the date when it knows or should know that it has made an administrative act.

Except as otherwise provided by law, if real estate litigation exceeds twenty years from the date of the administrative action and other cases exceed five years from the date of the administrative action, the People's Court will not accept the case. 103010 Article 64 stipulates that if an administrative agency makes an administrative action without notifying citizens, legal persons or other organizations of the time limit for prosecution, the time limit for prosecution shall be calculated from the date when the citizens, legal persons or other organizations know or should know the time limit for prosecution, but shall not exceed one year from the date they know or should know the content of the administrative action.

If the reconsideration decision fails to notify citizens, legal persons or other organizations of the time limit for prosecution, the provisions of the preceding paragraph shall apply
Article 65 stipulates that if a citizen, legal person or other organization does not know the content of an administrative action taken by an administrative agency, the time limit for prosecution shall be calculated from the date when the content of the administrative action is known or should be known, but the time limit shall not exceed the time limit for prosecution stipulated in Paragraph 2 of Article 46 of the Administrative Litigation Law.

The business areas of Yingting Administrative Litigation Lawyers Group include government-enterprise disputes, administrative compensation, enterprise demolition, mining suppression, administrative agreements, illegal construction, land transfer, BOT, PPT projects, investment promotion, administrative litigation, equity disputes, economic crimes, etc.

The above laws and regulations provide clear guidance on the time limit for parties to sue after forced demolition, which can be divided into three situations:
One situation:
Before forced demolition, the party concerned receives a notice or decision and is clearly informed in writing of the time limit for filing a lawsuit. In this case, the party concerned shall file a lawsuit within 6 months from the date of forced demolition.

Two situations:
If the party concerned does not receive any notice or decision before being forcibly demolished, or receives a relevant notice but does not inform the prosecution period, the party may have a longer period of one year to prosecute.
Three situations:
If the party concerned does not know that his or her house has been demolished, he or she must file a lawsuit within one year from the date of learning that the house has been demolished. The maximum period for filing a lawsuit may be 20 years.

Therefore, it has been four years since the house was demolished, and the people who were demolished have passed the time limit for filing lawsuits. Lawyers also feel sorry for the people who have been demolished because they cannot file a lawsuit. In practice, many people who have been demolished like this have been persistent in petitioning after their houses were demolished. They have spent a lot of time and energy with various departments, but there has been no result. They often miss the time limit for filing lawsuits.

All in all, when your house is forcibly demolished, you must take legal measures in a timely manner to safeguard your legitimate rights and interests. If you know that there is a time limit for filing a lawsuit but do not file a lawsuit, the only person who will suffer later will be your own lawyer. Once again, the person being demolished must sue in time and must not miss the deadline for filing a lawsuit. In the case of forced demolition, the person being demolished must rely on the law to safeguard their rights.

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 with Yingting administrative litigation lawyers for one-on-one online consultation.