Mr. Shi Xining, director of Beijing Jingkang Law Firm and co-director of the Institute of Property Rights and Land Of Northwest University of Political Science and Law, sorted out five illegal situations that are common in the process of land acquisition and demolition but are not easy to be recognized! As long as these five situations occur, expropriation is not legal, and demolition households can see the demolition moves!
1. Expropriation shall be carried out without the approval of land requisition
Demolition and relocation must have the corresponding approval documents, and the land acquisition approval is one of the most important documents, according to the provisions of the "Land Administration Law", in principle, any unit or individual who needs to use land for construction must use state-owned land. In the process of land expropriation, the document that plays a decisive role in changing the nature of land and transforming collective land into state-owned land is the "land acquisition approval document".
According to the Provisions of the Land Administration Law, the only administrative entities with the right to make "land acquisition approval documents" are the provincial governments and the State Council. The "land acquisition approval document" is directly related to the legality of the land expropriation act.
Of course, the illegal situation of expropriation without land requisition approval is too obvious, and the expropriated person must pay attention to whether the area of land requisition approved is consistent with the actual area of land requisition, and from the case represented by Director Shi Xining, it can be found that many land requisition cases have "less approval and more occupation", and if they do not know much about the routine of the demolition party, it is easy to miss this important illegal point!
2. Covertly depriving the right to choose the method of compensation
This situation is not uncommon in the process of shantytown transformation.
Mr. Shi Xining's lawyers have frequently appeared in shantytown reconstruction cases. The demolition party only allows the expropriated person to choose monetary compensation or receive a "house purchase coupon", but does not arrange for the exchange of housing property rights for various reasons; arranges for the exchange of housing property rights, but does not relocate to the nearest lot or reconstructed lot, but all of them are tens of kilometers away; refuses to pay the owner of the commercial housing the cost of suspension of production and business losses on the grounds that the resettlement house is an existing house...
All of these circumstances may result in the expropriated person's right to choose the compensation method to be derogated, as if it can choose the actual choice but not the choice. According to the regulations, such a practice is a disguised deprivation of the expropriated person's right to choose the way of compensation!
Third, the phenomenon of illegal demolition and relocation in the name of "demolition violation" and "demolition danger"
With the acceleration of the urbanization process, it is not uncommon to see cases of "demolition violations" and "demolition dangers" accompanied by demolition and relocation. Many demolition parties have even carried out forced demolition in the name of demolition violations and demolition hazards, so as to reduce the compensation of the majority of demolition households. When the house is identified as an illegal building, many demolition households admit that they are at a loss, thinking that the house should be demolished, but they do not know that this may be the usual trick and means of the demolition party.
Lawyer Shi Xining said that it is not uncommon for "demolition violation" to replace demolition, do not panic in the face of such a situation, forced demolition of illegal buildings is a typical administrative enforcement behavior, and its demolition procedures have made strict provisions, during which timely consulting lawyers to protect rights can reverse the unfavorable situation of rights protection!
4. The assessment time point error on which the compensation is based
Although the mainland clearly stipulates that the time point for assessing the value of the house is the date of the announcement of the house expropriation decision, the expropriation compensation decision is issued after seven or eight years due to various problems, and the house price has already undergone earth-shaking changes at this time, which is undoubtedly unfair to the expropriated person! The formation of such a long-term delay can only be borne by the people's governments at the municipal and county levels. The increase in housing prices during this period should be "paid for" by the government party that has the authority to implement the expropriation project.
Previously, the Shandong Provincial High Court issued a typical case, the judgment clearly stated that the compensation standard should be determined from the perspective of substantive protection of the expropriated person's residential interests, and the market transaction price of the real estate around the house involved in the case should be compensated at the time of the judgment, effectively ensuring that the parties could purchase a house equivalent to their previous living conditions, and ensuring that the property owner of the house received fair and reasonable compensation!
Fifth, demolition and relocation first and compensation are serious violations of the law!
In the case represented by Shi Xining's lawyer, in order to save costs, many developers used the method of "demolition first and then supplementation" to carry out demolition, which is extremely unreasonable and illegal. The use of the method of "first compensation and then demolition" can protect the interests of demolition households to the greatest extent, avoid the situation that the house is demolished but cannot get the compensation or even the situation of "demolishing the old house and not having a new house".
There is a clause in the compensation agreement about "demolition first and then make up", and the demolition household must not sign it easily! If the demolition party demolishes the house before signing the compensation agreement, it is undoubtedly illegal, and the demolition household must take up the legal weapon to protect its legitimate rights and interests at this time, and must not admit that it is unlucky to sign a low compensation agreement.
Lawyer Shi reminded
Demolition and relocation is a long-term struggle that requires comprehensive and professional knowledge, control of the overall situation, and rational application of laws and regulations. Even a lawyer with many years of litigation experience is constantly learning and updating in order to calmly analyze and make correct judgments in a case. For non-law scholars, this is a huge subject that cannot be achieved by relying on a short period of bad repair alone. Therefore, when encountering any demolition problems, you may wish to ask a lawyer and carry out professional rights protection under the guidance of a lawyer.