There are often clients to consult, in the face of unreasonable land acquisition and demolition work, how to protect the rights and interests of our expropriated people, not to mention that when we negotiate with us, sometimes we don't even know that we want to acquire land, and the house is demolished. What about such land requisition and demolition? As for the expropriated person's rights and interests to protect their own rights and interests, we summarize for you.
1. Right to information
In practice, the expropriated person's right to know is often not guaranteed, does not perform the obligation of publicity, or has major defects in the process of performing the obligation. Specific to the relevant laws:
Within 10 days after the approval documents for land expropriation are issued, the people's government shall announce the results of the approval and the information such as the use, location, compensation standard, resettlement channels, and registration period of the expropriated land to the peasants whose land has been expropriated;
Article 10 of the Regulations on the Expropriation and Compensation of Houses on State-Owned Land: "The housing expropriation department shall draft a compensation plan for expropriation and report it to the people's governments at the municipal and county levels." Municipal and county-level people's governments shall organize relevant departments to conduct demonstrations and make public announcements on compensation plans for expropriation, soliciting public opinions. The period for soliciting comments shall not be less than 30 days. ”
Article 13: "After the municipal and county-level people's governments make a decision on housing expropriation, they shall promptly make an announcement. The announcement shall clearly state the expropriation compensation plan, administrative reconsideration, administrative litigation rights, and other such matters. Municipal and county-level people's governments and housing expropriation departments shall do a good job of publicizing and explaining housing expropriation and compensation. "
Article 15: "The housing expropriation department shall organize an investigation and registration of the ownership, location, use, construction area, etc. of the house within the scope of housing expropriation, and the expropriated person shall cooperate." The results of the investigation shall be announced to the expropriated person within the scope of the housing expropriation. ”
Article 3 of the Measures for the Announcement of Land Requisition of the Ministry of Land and Resources stipulates: Where peasants collectively own land is expropriated, the land expropriation plan and the compensation and resettlement plan for land requisition shall be announced in writing in the village or group where the expropriated land is located. Among them, where land collectively owned by township (town) peasants is expropriated, an announcement shall be made at the seat of the township (town) people's government.
2. Right to Participate
Guaranteeing the right to participate is not only a requirement for carrying out administrative work in accordance with the law, but also a way for them to listen to the opinions of the masses, and truly achieve fairness, justice, and reasonable placement.
Article 25 of the "Regulations for the Implementation of the Land Administration Law" also clearly stipulates: The competent land administration departments of the municipal and county people's governments shall, on the basis of the approved land expropriation plan, work together with the relevant departments to formulate a compensation and resettlement plan for land requisition, make an announcement in the township (town) or village where the expropriated land is located, and listen to the opinions of the rural collective economic organizations and peasants whose land has been expropriated.
Article 4 of the Measures for the Expropriation and Appraisal of Houses on State-Owned Land stipulates that the real estate price appraisal institution shall be selected by the expropriated person through consultation within a specified period of time; Where consultation fails within the prescribed time, the housing expropriation department shall decide by organizing the expropriated persons to vote in accordance with the principle of the minority obeying the majority, or by means of random means such as lottery or lottery.
Article 9 of the Measures for the Announcement of Land Requisition stipulates: Where rural collective economic organizations, rural villagers or other rights holders whose land has been expropriated have different opinions on the compensation or resettlement plan for land requisition, or request a hearing, they shall submit it to the competent land administration department of the relevant municipal or county people's government within 10 working days of the announcement of the land requisition compensation or resettlement plan.
3. Right to a hearing
Where there are different opinions on the compensation or resettlement plan for land requisition, or where a hearing is requested, it shall be submitted to the competent land administration department of the relevant municipal or county people's government within 10 working days of the announcement of the compensation or resettlement plan for land requisition;
Article 11 of the Regulations on the Expropriation and Compensation of Houses on State-Owned Land: "Where it is necessary to expropriate houses due to the reconstruction of old urban areas, and most of the expropriated persons believe that the expropriation compensation plan does not comply with the provisions of these Regulations, the people's government at the municipal and county levels shall organize a hearing attended by the expropriated person and public representatives, and revise the plan according to the circumstances of the hearing." ”
4. The right to choose the assessment body
Article 20 of the Regulations on the Expropriation and Compensation of Houses on State-Owned Land: "The real estate price appraisal agency shall be selected by the expropriated person through consultation; if the consultation fails, it shall be determined by means of majority decision, random selection, etc., and the specific measures shall be formulated by the province, autonomous region or municipality directly under the Central Government." ”
Article 4 of the Measures for the Assessment of Housing Expropriation on State-Owned Land: "The real estate price appraisal institution shall be selected by the expropriated person through consultation within the prescribed time; if the consultation fails within the prescribed time, the housing expropriation department shall vote and decide by organizing the expropriated persons to vote in accordance with the principle of the minority obeying the majority, or shall be determined by random means such as lottery or lottery." Specific measures shall be formulated by provinces, autonomous regions, and municipalities directly under the Central Government. ”
5. Choice of compensation method
Article 21 of the Regulations on the Expropriation and Compensation of Houses on State-Owned Land: "The expropriated person may choose monetary compensation or the exchange of housing property rights." Where the expropriated person chooses to exchange the property rights of the house, the people's government at the municipal or county level shall provide the house for the exchange of property rights, and calculate and settle with the expropriated person the difference between the value of the expropriated house and the value of the house used for the exchange of property rights. Where the expropriated person chooses to exchange the property rights of the house in the reconstructed lot due to the reconstruction of the old urban area, the people's government at the municipal or county level that made the decision on the expropriation of the house shall provide the house in the reconstructed lot or the nearest lot. ”
6. Right to Relief
Where there are objections to the assessment results, the demolished person may apply to the assessment body for a review and assessment within 10 days of receiving the assessment report; if there are still objections to the review and assessment results, the demolished person may apply to the expert committee for appraisal within 10 days of receiving the review and assessment results;
Article 14 of the Regulations on the Expropriation and Compensation of Houses on State-Owned Land: "Where the expropriated person is dissatisfied with the decision of the people's government at the municipal or county level to expropriate the house, he may apply for administrative reconsideration in accordance with law, and may also initiate an administrative lawsuit in accordance with law." Article 26: "Where the expropriated person is dissatisfied with the compensation decision, he may apply for an administrative reconsideration in accordance with law, and may also raise an administrative lawsuit in accordance with law." ”
According to the provisions of the Administrative Reconsideration Law, if the expropriated person believes that the specific administrative act of the expropriated party infringes on its lawful rights and interests, it may submit an application for administrative reconsideration within 60 days from the date of becoming aware of the specific administrative act; However, the law stipulates that the application period exceeds 60 days.
According to the administrative procedure law, if it is found that the right has been infringed by an administrative act, and the right holder directly files a lawsuit with the people's court, it shall submit it within 6 months from the date on which it knew or should have known that the administrative act was made. Except as otherwise provided by law.
However, if the expropriated person is dissatisfied with the reconsideration decision, he may file a lawsuit with the court within 15 days of receiving the reconsideration decision. If the reconsideration organ does not make a decision within the time limit, it may file a lawsuit with the people's court within 15 days of the expiration of the reconsideration period. Except as otherwise provided by law.