Recently, Li from Shandong Province consulted Kainuo lawyer through the platform and said that his family's more than two acres of cultivated land was expropriated due to the construction of ** industrial projects, but in addition to his own more than two acres of cultivated land, there were also his newly built houses. At the beginning, Li's family was very supportive of the expropriation work of the local relevant departments, believing that through the expropriation, not only could the family's life be improved, but also they could be relocated to more convenient places such as environment, transportation, and medical care.
However, what Li's family didn't expect was that at the moment when they saw the compensation and resettlement plan announced by the relevant departments, they were directly dumbfounded, judging from the compensation and resettlement plan, only 20,000 or 30,000 pieces of cultivated land were compensated per mu, and the house was only compensated and resettled according to the standard of less than 1,000 yuan.
Therefore, in order to get reasonable compensation for demolition and relocation and protect his rights and interests from being infringed, Li refused the request of the relevant departments to relocate and refused to sign a compensation and resettlement agreement with the relevant departments after discussing with his family. Because in Li's view, if he signs a compensation and resettlement agreement with the relevant local departments, then it will inevitably be very unfavorable to himself, and his future life will definitely not be as good as now.
In the process of practice, like the situation encountered by Li, many expropriated people have also encountered it, and most of the expropriated people will unanimously agree that when they see the compensation standard in the compensation plan, why is the compensation standard so low, the land has been expropriated, and now the compensation is so low, and the future life will definitely become a problem.
In fact, the issue of compensation for demolition and relocation has always attracted everyone's attention and has become a topic of frequent discussion. So, what exactly is the reason for the low compensation for demolition?Let's tell you about the lawyer's experience in handling cases. In fact, we have talked about three principles that can affect demolition compensation in yesterday's article, and today we will tell you two principles that affect demolition compensation, and the majority of expropriated people must pay attention to them.
1. The relevant compensation standards have not been adjusted and announced in a timely manner.
According to the provisions of the new Land Management Law, land expropriation shall be paid in full and in a timely manner in accordance with the law, as well as compensation for rural villagers' housing fees, other above-ground attachments and seedlings, etc., and social security expenses for land-expropriated farmers shall be arranged.
Among them, the standards for land compensation and resettlement subsidies for the expropriation of agricultural land shall be determined by the provinces, autonomous regions and municipalities directly under the Central Government through the formulation and publication of comprehensive land prices for the districts. The formulation of comprehensive land prices for areas shall comprehensively consider factors such as the original use of land, land resource conditions, land output value, land location, land supply and demand, population, and economic and social development level, and shall be adjusted or re-published at least once every three years.
The compensation standards for expropriation of land other than agricultural land, above-ground attachments and seedlings shall be formulated by the relevant departments in conjunction with the investigation of the current land situation and the risk assessment of social stability.
From the above-mentioned laws and regulations, we can understand that the standard of land compensation and resettlement subsidy is usually determined by the comprehensive land price of the land acquisition area formulated by the relevant local departments, but the comprehensive land price of the land acquisition area needs to be readjusted or announced every three years. However, from the perspective of practice, some places will adjust the comprehensive land price of the expropriated area after a long period of time after the announcement of the comprehensive land price of the expropriated area, and if the land expropriation is encountered during this period, the relevant departments still compensate the land-expropriated farmers according to the old comprehensive land price of the expropriated area, then the compensation that the land-expropriated farmers will eventually get will naturally be particularly low.
Therefore, Kainuo lawyer would like to remind you here that after encountering land expropriation, you must first check the comprehensive land price of the local land acquisition area (since the implementation of the new "Land Management Law" in 2020, the local comprehensive land price of the land acquisition area has been announced across the country), once it is found that the comprehensive land price of the land acquisition area has exceeded three years, then, at this time, the majority of land-expropriated farmers need to pay attention, and it is very likely that the expropriator will compensate themselves according to the old comprehensive land price of the land acquisition area.
If this is the case, then it is suggested that the expropriated person can complain and report to the relevant department at the next higher level to reflect this problem, especially if the comprehensive land price of the new expropriated area has been announced, and the expropriating party still compensates and resettles according to the comprehensive land price of the old area, then the land-expropriated farmers can protect their rights and interests by applying to the relevant departments for administrative reconsideration or filing an administrative lawsuit with the people's court with the help of professional lawyers.
2. Where compensation and resettlement are to be made, they are to be refused for various reasons.
In the process of land acquisition and demolition, it is easy to have various situations where the compensation should not be compensated and the resettlement should not be resettled. For example, we often have that a very small number of expropriators only compensate for part of the house, but not for the other part, especially when rural houses are demolished, there are often people who say that they have built a three-story small building, and it has been many years, and now the expropriator refuses to be right for various reasons.
The second- and third-story houses were compensated and resettled, and it believed that the second- and third-story houses exceeded the standards set by the local government.
The second- and third-story houses were later expanded and are illegal buildings, so in accordance with relevant laws and regulations, the second- and third-story houses will not be recognized and compensated.
In addition, there will be such a situation in some demolition projects, where it is believed that the demolished house is already a dilapidated house, so the compensation will not be too high, and the compensation given to the parties has exceeded the standard of safe housing. So can the compensation for the demolition of dilapidated houses only be carried out according to the minimum standard?Obviously not, the relevant departments give the expropriated people a very low compensation for demolition on the grounds that the houses are too old, etc., which is obviously their routine.
If the expansion has been approved by the relevant departments and has been approved by the relevant departments, then in principle, it is not appropriate to identify it as an illegal building, and even if there is no house without procedures (without relevant approval procedures, construction planning permits, etc.), as long as it meets the problems left over from history and meets the conditions for registration and compensation, thenThe relevant departments should not directly refuse to include this part of the house in the scope of the compensation and resettlement plan on the grounds that the house is "unlicensed", otherwise it will infringe on the legitimate rights and interests of the expropriated person.
In addition, there is another reason for the shrinkage of demolition compensation is that in the expropriation of rural collective land, compensation and resettlement are generally carried out according to the registered population, especially in the case of the expropriated person choosing to replace the property rights, if there is a person who has not been identified as a member of the household, then the overall demolition compensation will be low, and the area of resettlement housing obtained will naturally be reduced by dozens of square meters.
In this regard, Kainuo lawyer finally reminds everyone that in the face of the reduction of the expropriated party for various reasons, the majority of expropriated people must pay attention to the behavior of the relevant departments, if they do not understand or are not clear, they must consult a professional lawyer in a timely manner, seek legal help in a timely manner (by applying for administrative reconsideration or filing an administrative lawsuit), and protect their legitimate rights and interests in accordance with the law.