Land acquisition and demolition is a major activity involving the vital interests of the expropriated person, not only the expropriation procedure is very complicated, but also the scope of expropriation involved will be very extensive. Therefore, in order to protect the legitimate rights and interests of the expropriated persons, the state has made strict provisions on the expropriation procedures, especially for the expropriation of collective land, which not only changed the pre-approval expropriation to post-approval expropriation, but also further raised the compensation standard.
According to the provisions of the "Land Management Law" and the "Regulations for the Implementation of the Land Management Law", before the specific implementation of expropriation, the relevant departments need to publish relevant documents involving the interests of the expropriated person within the scope of expropriation to protect the expropriated person's right to know.
Therefore, the expropriated person often does not know the specific expropriation situation, and some, although the specific documents have been issued within the scope of expropriation, the relevant departments have torn them up by themselves not long after the announcement, and some expropriated persons are busy with other affairs, and the documents are gone before they have seen the documents.
In this regard, Kainuo lawyer reminds everyone here that some documents issued by relevant departments will have a certain impact on the interests of the expropriated person, as long as you see it, or know through others that the relevant documents have come out, you must immediately take photos and videos of the documents, so as to avoid not being able to know the specific expropriation information in the first time. So, what documents does the expropriated person need to take pictures of? The main ones are as follows.
1. Pre-announcement of land acquisition.
The pre-announcement of land expropriation is the first document issued by the relevant departments in the collective land expropriation, which includes the scope of expropriation, the purpose of expropriation, the specific area of expropriation and the arrangement of land status investigation. That is to say, through this document, the expropriated person can know whether his family is within the scope of expropriation, and how much has been expropriated within the scope of expropriation.
In accordance with the provisions of the Regulations for the Implementation of the Land Management Law, the pre-announcement of land expropriation shall be published within the scope of the township (town) and village and villager group where the land to be expropriated shall be made in a manner that is conducive to public knowledge, and the pre-announcement time shall not be less than 10 working days.
In short, the pre-announcement of land acquisition needs to be posted in writing within the scope of the expropriation for at least ten working days, if less than these ten working days. However, in the course of practice, some expropriators directly tore up the pre-announcement of land expropriation less than a week after it was posted, which is actually not in accordance with laws and regulations, and is an act that violates laws and regulations.
However, here Kainuo lawyer still has to remind everyone that if the relevant departments announce the pre-announcement of land expropriation, as long as they see it, they must immediately take out their mobile phones to take pictures of the document, so as to avoid them tearing it up and not knowing the specific situation of land expropriation.
2. Land expropriation compensation and resettlement plan.
The compensation and resettlement plan for land expropriation is a very important document in collective land expropriation, through which the majority of expropriated people can know what the specific compensation standard is. Therefore, Kainuo's lawyer reminds everyone that after the expropriator releases the compensation and resettlement plan, it should take photos and videos of the document as soon as possible.
According to the provisions of the "Land Management Law", if the local people at or above the county level intend to apply for land expropriation, they shall carry out an investigation of the current situation of the land to be expropriated and a social stability risk assessment, and announce the scope of expropriation, land status, purpose of expropriation, compensation standards, resettlement methods and social security within the scope of the township (town) and village and villager group where the land is to be expropriated for at least 30 days, and listen to the opinions of the land-expropriated rural collective economic organizations and their members, villagers' committees and other stakeholders.
Article 28 of the Regulations for the Implementation of the Land Management Law stipulates that after the land acquisition compensation and resettlement plan is formulated, the local people at or above the county level shall make an announcement within the scope of the township (town) and village and villager group where the land is to be expropriated, and the announcement time shall not be less than 30 days.
The announcement of land requisition compensation and resettlement shall also indicate the method and time limit for compensation registration, objection feedback channels, etc.
From the above-mentioned laws and regulations, we can see that after the relevant departments draw up the compensation and resettlement plan, they need to post it in writing within the scope of expropriation for at least 30 days. However, in the process of practice, we have found that some relevant departments will not announce the compensation and resettlement within the scope of expropriation after formulating the compensation and resettlement plan, and some although the land acquisition compensation and resettlement plan has been announced, it has only been announced for a few days and then torn up, just like the release of the land expropriation pre-announcement, so in order to avoid their rights and interests being infringed, they can timely review whether their compensation standards are reasonable, and everyone must take pictures of the compensation and resettlement plan in time after seeing the compensation and resettlement plan. This is very necessary.
3. Demolition compensation and resettlement agreement.
The demolition compensation and resettlement agreement is a document signed by the expropriator and the expropriated person after successful negotiation on compensation matters, and under normal circumstances, this document should be in duplicate, but in practice, some expropriators will take away the signed agreement after signing the compensation and resettlement agreement with the expropriated person, resulting in the expropriated party not having the original agreement in his hand.
In this regard, Kainuo lawyer reminds everyone that when signing the compensation and resettlement agreement, if the expropriator initially says that it will take away all the demolition agreement, then it is necessary to take photos and videos of the whole process when signing the agreement. Of course, if it is said that the agreement is to be taken after the compensation and resettlement agreement is signed, the expropriated person needs to record a ** to keep a piece of evidence.
In short, what Kainuo lawyer wants to say in the end is that land acquisition and demolition are related to the vital interests of the expropriated person, and if there is a dispute in the process, the majority of the expropriated person must consult a professional lawyer in a timely manner, and with the help of a professional lawyer, protect their legitimate rights and interests through legal means.