First of all, what is the time limit for filing a lawsuit against the expropriation compensation agreement?
The statute of limitations for compensation agreements is six months, calculated from the date on which the administrative act was known or should have been known or infringed. The parties shall file a claim within the statute of limitations, and the litigation court shall not accept the compensation agreement for more than 20 years.
Article 46 of the Administrative Litigation Law of the People's Republic of China.
Where citizens, legal persons, or other organizations initiate litigation in the people's courts, they shall initiate litigation within 6 months of knowing or should have known of the administrative act. Except as otherwise provided by law. The people's courts shall not accept cases where litigation is filed over real estate for more than 20 years from the date of the administrative act, and more than 5 years from the date of the administrative act for other cases.
Who signed the land acquisition compensation agreement?
The land requisition compensation agreement shall be signed by the expropriated person and the expropriation department, and the expropriation department shall generally be the local people at or above the county level**.
Article 47 Land Management Law
Local people at or above the county level shall, in accordance with legal procedures, make announcements and organize the expropriation of land in our country.
Local people at or above the county level who intend to apply for land acquisition shall investigate the current situation of the proposed land acquisition, assess the risk of social stability, and announce the scope of land acquisition, land status, land acquisition purpose, compensation standards, resettlement methods and social security within at least 30 days of the township (town) and villager group where the land is to be acquired, and listen to the suggestions of the land-expropriated rural collective economic organizations and their members, village committees and other stakeholders.
Local people at or above the county level shall, in accordance with laws, regulations and hearings, organize hearings, revise the land acquisition of rural collective economic organizations members of most of the compensation and resettlement programs for land acquisition do not comply with laws and regulations.
The owner and user of the land to be expropriated shall, within the time limit specified in the announcement, hold the real estate ownership certificate for compensation registration. Local people at or above the county level shall organize relevant departments to calculate and implement relevant costs, ensure that the full amount is in place, and sign compensation and resettlement agreements with the owners and users of the land to be expropriated;If it is really difficult for individuals to reach an agreement, they should state this when they apply for land acquisition.
Local people at or above the county level can apply for land acquisition after the preliminary work is completed.
Land Acquisition Compensation Procedure III.
As you are reminded that the compensation procedure for land acquisition is as follows:
Formulate an annual land acquisition and demolition plan and apply for land acquisition;Review the relevant materials and determine the scope of collection;Clarify the implementation unit and issue a notice of expropriation;Inform the cessation of formalities and the allocation of work funds;Organize housing registration and sign compensation agreements for land acquisition and demolition;Compensation is paid and construction begins.
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