With the wide application of drone aerial photography technology, urban planning, land monitoring and other fields have introduced high-altitude perspectives to monitor ground buildings in a more comprehensive and intuitive way. However, when some buildings are not captured in the aerial photographs, does it mean that they are illegal constructions, so no compensation or less compensation will be given?
Lawyer's interpretation
1. The application of aerial photography technology in the investigation and handling of illegal construction
With its wide coverage, strong timeliness and accurate data, aerial photography has become an important tool to assist in illegal construction inspection and evidence collection. It can quickly generate high-definition image maps, clearly showing the location, shape, area and other information of buildings, which helps law enforcement officers quickly locate suspected illegal construction targets.
However, aerial photography is not a panacea. Due to factors such as flight altitude, shooting angle, weather conditions, and building occlusion, there may be blind spots in the aerial image, and all ground buildings cannot be fully included. In addition, some temporary and concealed illegal buildings may escape the "legal eye" of aerial photography.
2. The legal basis for the determination of illegal construction
Illegal construction, that is, illegal construction, refers to buildings and structures that are built without planning permission, land use approval and other legal procedures. The key to the determination of illegal construction lies in whether it violates the Land Management Law, the Urban and Rural Planning Law and other relevant laws and regulations, as well as local planning and construction management regulations.
For buildings suspected of illegal construction, it is necessary to go through multiple links such as on-site investigation, data verification, planning comparison, and expert argumentation to comprehensively judge whether the construction behavior complies with the legal procedures and whether the building meets the planning requirements. Aerial photographs are only used as one of the supporting evidence, not the only evidence.
In the case of illegal construction, the law usually stipulates that no compensation will be given or only cost compensation. However, this does not mean that buildings that are not documented in aerial photography are equivalent to illegal construction. Even if aerial photography is not covered, it still needs to be reviewed fully and impartially in accordance with legal procedures.
3. The path to protect the legitimate rights and interests of the expropriated person
1. Strengthen legal publicity and consultation: Raise the public's awareness of expropriation regulations, the definition of illegal construction, and compensation standards, and ensure that the expropriated persons can clarify their own rights and interests and respond rationally when facing similar disputes.
2. Improve the expropriation procedure: advocate rigorous and comprehensive on-site investigation and evidence collection, avoid relying solely on aerial photographs, and ensure the accuracy of illegal construction identification. At the same time, the rights of the expropriated person to make representations and hearings are guaranteed to ensure that he has full opportunity to prove the legality of the building.
3. Strengthen supervision and remedy: Administrative supervision and judicial remedies should be strengthened for violations of laws and regulations that may occur in the process of expropriation, and severe punishment should be severely punished for abuse of power to infringe on the rights and interests of the expropriated, so as to maintain the order of expropriation and social fairness.
Director Shi reminded
Demolition and relocation is a long-term struggle that requires comprehensive professional knowledge, control of the overall situation, and rational application of the law. Even a lawyer with many years of litigation experience is constantly learning and updating, so that he can calmly analyze and make correct judgments in a case. And for non-law-abiding people, this is a huge subject that cannot be achieved by just a short period of time. 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.