If the expropriation and demolition of the house is carried out, the expropriation department and the expropriated person shall sign an expropriation compensation agreement, but the expropriation compensation agreement may not be able to reach a consensus, if the negotiation fails within the specified time limit, the expropriation department shall make a decision on expropriation and compensation, then can the demolition compensation decision apply for administrative reconsideration?
Netizen consultation:
Demolition compensation determines whether an administrative reconsideration can be applied
Lawyer answers:
Those who are dissatisfied with the demolition compensation agreement can be administratively reconsidered.
According to the provisions of China's Regulations on the Expropriation and Compensation of Houses on State-owned Land, if the expropriated person is dissatisfied with the compensation decision, he may apply for administrative reconsideration in accordance with the law, and may also file an administrative lawsuit in accordance with the law. The applicant may apply for administrative reconsideration in writing or orallyIn the case of an oral application, the administrative reconsideration organ shall record on the spot the applicant's basic information, the request for administrative reconsideration, and the main facts, reasons, and time for applying for administrative reconsideration.
Lawyer adds:
The administrative reconsideration process is as follows:
1. Application: Where a citizen, legal person or other organization believes that a specific administrative act infringes upon its lawful rights and interests, it may submit an application for administrative reconsideration within 60 days from the date on which it becomes aware of the specific administrative act;However, the application period prescribed by law exceeds 60 days;
2. Acceptance: After receiving an application for administrative reconsideration, the administrative reconsideration organ shall conduct an examination within five days, decide not to accept the application for administrative reconsideration that does not comply with the provisions of this Law, and inform the applicant in writingFor administrative reconsideration applications that comply with the provisions of this Law but are not accepted by this organ, the applicant shall be informed to submit it to the relevant administrative reconsideration organ. In addition to the provisions of the preceding paragraph, an application for administrative reconsideration shall be accepted from the date on which it is received by the organ responsible for legal work of the administrative reconsideration organ
3. Trial: 1) Serve a copy of the administrative reconsideration document and submit a written reply within a time limit.
2) Review materials related to the reconsideration case.
3) Investigate and collect evidence and collect evidence.
4) Notify eligible persons to participate in reconsideration activities.
5) Determine the method of trial of reconsideration cases.
4. Decision: The administrative reconsideration organ shall make an administrative reconsideration decision within 60 days from the date of accepting the applicationHowever, the time limit for administrative reconsideration provided for by law is less than 60 days. If the situation is complicated and the administrative reconsideration decision cannot be made within the prescribed time limit, it may be appropriately extended with the approval of the person in charge of the administrative reconsideration organ, and the applicant and the respondent shall be informed;However, the extension period shall not exceed 30 days.
Article 26 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land shall be made by the housing expropriation department and the expropriated person within the time limit determined by the expropriation compensation plan, or the owner of the expropriated house shall be unclear, and the housing expropriation department shall report to the people at the city and county level who have made the decision on housing expropriation in accordance with the provisions of these Regulations, make a compensation decision in accordance with the expropriation compensation plan, and make an announcement within the scope of housing expropriation.
Compensation decisions shall be fair, including matters related to compensation agreements as provided for in the first paragraph of article 25 of these Regulations.
If the expropriated person is dissatisfied with the compensation decision, he may apply for administrative reconsideration in accordance with the law, and may also file an administrative lawsuit in accordance with the law.
Lawyer Deng Chaodong's profile
Graduated from Peking University, practicing as a lawyer in 1998, with the highest professional qualifications, the highest professional qualification certificate, served as a consultant for a number of enterprises, has keen thinking, and has rich experience.