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Farm "mutation" illegal construction? Lawyer Shi tells you how to crack it

author:Informed Dalip legal person

Farm "mutation" illegal construction? Mr. Shi told you how to break the game? In the field of demolition, whether the farm is illegal, how farmers can protect their rights, etc. has always been a highly mentioned topic, and many farmers are also deeply suspicious of this. In this article, today, Mr. Shi Xining, director of Beijing Jingkang Law Firm and co-director of the Institute of Property Rights and Land System of Northwest University of Political Science and Law, will explain to the majority of farmers one by one. A question: Is the farm considered to be illegal and can only be demolished by itself? Is there any other way? Lawyer Shi answered: The farm is found to be illegal, the most important thing is to meet the conditions for identification, if even the conditions are not met, there is no need to dismantle itself. If the expropriating party presents the "Penalty Decision Letter" or the "Compulsory Demolition Decision Letter" and dismantles itself within a time limit or compulsorily demolishes itself, the farmer may protect its legitimate rights and interests by means of litigation. Second question: Is there any compensation for farms that are forcibly demolished in the name of environmental protection? Lawyer Shi replied: "Forcibly demolishing a farm in the name of environmental protection" is the most common situation, in this case, if the farm is demolished, there is compensation. As the state pays more and more attention to environmental protection, the relevant departments have also demarcated forbidden areas, restricted breeding areas and trial breeding areas for farms. But this does not mean that farms can be demolished at will in the name of environmental protection. China's laws and regulations clearly stipulate that the relocation of farms in the name of environmental protection shall be compensated by the people's government at or above the county level responsible for relocation to compensate for the losses of relevant farmers. Three questions: The farm is indeed illegal, can it be forcibly demolished? Lawyer Shi answered: For the judgment of illegal construction, as mentioned in the previous question, it is necessary to first see whether there is a filing requirement for the time of construction of the farm. If there is no filing requirement at the time of construction, even if there is no filing procedure, it cannot be considered as an illegal construction. If the farm does not perform the filing procedures in accordance with the filing requirements, then the farm is indeed illegal, but even in this case, the demolition party must also perform the statutory procedures for relocation and forced demolition, rather than taking the means of violent demolition, resulting in increased losses for farmers. Lawyer Shi reminds you that in the process of expropriation and demolition, in the face of illegal forced demolition, or when encountering unfair and unreasonable compensation, you must resolutely take measures to safeguard your rights, choose the correct and legal way of safeguarding your rights, promptly consult a professional demolition and relocation rights defense lawyer, and when necessary, entrust, let the lawyer help you to obtain reasonable compensation.