With the rapid development of social and economic development, along with the land acquisition and demolition in all regions of the country, many farmers know little about the steps in land acquisition and demolition, and it is these seemingly inconspicuous steps that can often help us effectively protect our rights, so Shi Xining, the chief lawyer of Beijing Jingkang Law Firm, would like to talk to you about what are the important steps in the process of land acquisition and demolition and how our farmers can protect their rights and interests.
Lawyer's interpretation
When many friends encounter expropriation, they will feel that there are many wrongs, such as the difference between the land measured at the beginning and the land area compensated; The expropriation compensation plan was passed without signing the expropriation compensation plan; Without reaching an agreement with the demolition party, it is required to vacate the house and other issues, these problems put on any person, may be confused, the root of these problems lies in the lack of understanding of the procedures in the land acquisition and demolition resulting in the inability to protect their rights and interests, and there is no way to obtain reasonable compensation, so let's talk about those important steps in land acquisition and demolition and how to protect their own rights and interests:
1. Important steps in land acquisition and demolition
1. Publish a pre-announcement of land acquisition. This step is mainly by the people's government at or above the county level to issue a pre-announcement before land acquisition, the content of this announcement mainly includes the scope of expropriation, purpose, land status survey arrangements, etc. The earliest procedure in land acquisition and demolition is the release of the pre-announcement of land acquisition, and we can determine whether our home is within the scope of land acquisition and demolition and the purpose of the government's land acquisition and demolition when the pre-announcement of land acquisition and demolition is announced.
2. Hold hearings and hear hearing opinions. The expropriation department shall listen to the opinions of the demolished persons, and if necessary, convene a hearing to give the land-expropriated farmers an opportunity to express their opinions. When conducting the hearing, our expropriated farmers should actively participate and boldly express their opinions, because if they do not say it, it is easy to be ignored.
3. Determine the assessment agency and the household assessment. The expropriation department and the expropriated person shall jointly determine a suitable appraisal agency to assess the value of the demolished property, and after the general assessment, the appraiser will enter the site to conduct on-site measurement and value assessment of the house and other attachments. Appraisal is a very important step in the process of land acquisition and demolition, and the price of the appraisal may directly affect how much compensation we can get in the end.
4. Formulate and sign a resettlement compensation plan. Based on the assessment results, the expropriation department shall formulate a compensation and resettlement plan and publicize it for public opinion. The resettlement compensation plan is an agreement between the final expropriation department and the expropriated person to determine the amount of expropriation compensation, and we can negotiate with the expropriation department to increase the compensation we want before signing the resettlement compensation plan, and finally reach an agreement with the expropriation department and sign the expropriation and resettlement compensation agreement.
5. Pay the demolition money, vacate the house and carry out the demolition. After the expropriation department and the expropriated person reach an agreement on the amount of compensation and the resettlement method, after signing a written agreement, the expropriation department shall pay compensation to the demolished person in accordance with the content of the written agreement, and the expropriated person shall vacate the house after receiving the demolition money, and finally the expropriation department shall carry out the demolition. These are some important steps in land acquisition and demolition, land acquisition and demolition is a complex process involving multiple interests, so everyone should know more about these processes in order to protect their legitimate rights and interests in the process of land acquisition and demolition.
2. How to protect your own rights and interests
1. Actively participate in the assessment of demolition. The value of the expropriated house shall be assessed and determined by a real estate price appraisal agency with corresponding qualifications in accordance with the housing expropriation appraisal method. If there is any objection to the value of the expropriated house determined by the assessment, it may apply to the real estate price appraisal agency for a review of the assessment. If there is any objection to the review result, it may apply to the Real Estate Price Appraisal Expert Committee for appraisal.
2. Compensation first and then demolition. According to Article 27 of the Regulations on the Expropriation and Compensation of State-owned Land, "the expropriation of houses shall be compensated first and then relocated." After the people's government at the city or county level that made the decision to expropriate the house compensates the expropriated person, the expropriated person shall complete the relocation within the relocation period specified in the compensation agreement or the compensation decision. "Therefore, we must not be fooled by the expropriation department, only after reaching an agreement on the content of the compensation and resettlement agreement and signing it is completed, can the expropriation department require our demolished people to vacate their houses.
3. Know the legal requirements. As an administrative organ, some of the people being demolished are psychologically afraid of the administrative organ, do not dare to talk face-to-face with the government, and do not dare to raise objections to the compensation plan and opinions put forward by the demolition party, which will often cause damage to their own interests. Therefore, in the process of negotiation with the demolition party, do not be afraid of the administrative organs, but boldly put forward their own opinions and opinions, and express their own demands, so as to achieve the purpose of negotiation and ensure that their legitimate rights and interests are not infringed upon to the greatest extent.
To sum up, in this period when land acquisition and demolition are relatively common, due to the relatively complex procedures of land acquisition and demolition and the interests of multiple parties, various problems in land acquisition and demolition are also endless, and many expropriated people are unable to protect their rights and interests in a timely manner because they are not familiar with the various steps of land acquisition and demolition. Therefore, it is beneficial for you to have a little more understanding of the land acquisition and demolition process and how to protect your legitimate rights and interests!
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.